SC notice to Centre, EC on PIL against candidates contesting two seats
11 years ago

SC notice to Centre, EC on PIL against candidates contesting two seats

India TV News  

New Delhi: The Supreme Court today sought response from Centre and Election Commission on a PIL seeking to declare as “null and void” the nomination papers of any candidate contesting election from more than one constituency. A bench headed by Chief Justice P Sathasivam and Justice N V Ramana issued notices to Centre and EC on the petition which also sought direction to candidates not to file nomination papers and contest election from more than one constituency for the same legislative body.“Issue a direction that Section 70 of the Representation of Peoples Act is ultra vires to the Constitution of India.“Issue a direction to the Election Commission to ask candidate to file affidavit to the effect that they are not contesting from any other constituency failing which their nomination may be rejected,” the petition, filed by advocate H K Naik, said.According to Section 70 of the Representation of Peoples Act, “if a person is elected to more than one seat in eitherHouse of Parliament or in the House or either House of theLegislature of a State, then, unless within the prescribed time he resigns all but one of the seats, all the seats shall become vacant”.The petition also said that the nomination of the candidate be declared null and void if he files papers from more than one constituency simultaneously.“Law speaks about the qualification of the candidate to contest but never speaks about whether a qualified candidate may file nomination for more than one constituency simultaneously,” it said.

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History of this topic

'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19
1 month, 3 weeks ago

'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19

Live Law  

The Supreme Court today listed on March 19 the public interest litigation challenging Section 53 of the Representation of the People Act, which provides for direct election of candidates in uncontested elections ie without conduct of a poll.A Bench of Justices Surya Kant and N Kotiswar Singh passed the order, giving time to the Union to file a counter-affidavit. The …

Congress leader moves SC seeking to restrain Centre from appointing new ECs
1 year ago

Congress leader moves SC seeking to restrain Centre from appointing new ECs

The Hindu  

A plea has been filed in the Supreme Court seeking to restrain the Centre from appointing new election commissioners as per a 2023 law, the provisions of which have been challenged in the apex court. "That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member …

PIL in SC to Maintain Sanctity of Electoral Process in AP
1 year, 4 months ago

PIL in SC to Maintain Sanctity of Electoral Process in AP

Deccan Chronicle  

Vijayawada: A PIL filed in the Supreme Court by former AP election commissioner and secretary to ‘Citizens for Democracy’, N. Ramesh Kumar, with a plea to maintain the “sanctity” of the electoral process, is likely to come up for hearing shortly. The former SEC wanted the apex court to restrain the state government from having any blatant interference in preparation …

SC dismisses PIL on contesting from two seats
2 years, 1 month ago

SC dismisses PIL on contesting from two seats

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday dismissed a public interest plea seeking to restrict candidates from contesting election from more than one constituency during general elections to Lok Sabha and the State Assemblies, stating that the issue is a matter of “legislative policy” that comes under the domain of Parliament. Refusing to strike down Section 33 of the Representation …

SC seeks replies of Centre, EC on PIL seeking voting rights for prisoners
2 years, 4 months ago

SC seeks replies of Centre, EC on PIL seeking voting rights for prisoners

Deccan Chronicle  

NEW DELHI: The Supreme Court on Monday sought responses from the Centre and the Election Commission on a PIL challenging the validity of a provision of the Representation of People Act which bars a prisoner from voting. A bench comprising Chief Justice Uday Umesh Lalit and justices S Ravindra Bhat and Bela M Trivedi took note of the submissions of …

ECI has to ensure strict adherence to law on electoral registration: HC
3 years, 6 months ago

ECI has to ensure strict adherence to law on electoral registration: HC

The Hindu  

The High Court of Karnataka on Friday said that the Election Commission of India would have to strictly adhere to the provisions of the Representation of the People Act, 1950, in the process of registration of voters. A Division Bench comprising acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed the order while disposing of a PIL …

Supreme Court Issues Notice On PIL Seeking Postal Ballot, E-Voting Facility For NRI Voters, People Living Outside Constituencies
4 years, 1 month ago

Supreme Court Issues Notice On PIL Seeking Postal Ballot, E-Voting Facility For NRI Voters, People Living Outside Constituencies

Live Law  

The Supreme Court on Thursday issued notice on a writ petition seeking voting rights for Non Resident Indians and other people who, at the time of elections, are outside their voting constituency, by way of methods like postal ballots. However, Advocate Kaleeswaram Raj appearing for the Petitioner argued that insistence of physical presence for voting by imposing rigid conditions violates …

Plea in SC to Nullify Election Results if Maximum Votes in Favour of NOTA
4 years, 3 months ago

Plea in SC to Nullify Election Results if Maximum Votes in Favour of NOTA

News 18  

A PIL seeking directions to the Election Commission to nullify the election results and hold fresh polls if maximum votes have been polled in favour of NOTA in a particular constituency has been filed in the Supreme Court. The plea filed by BJP leader and advocate Ashwini Kumar Upadhyay has also sought directions to restrict the contesting candidates from taking …

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
6 years, 5 months ago

Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections

Live Law  

The Delhi High Court, on Tuesday, refused to entertain a PIL seeking directions to the Election Commission of India to frame guidelines for advertising criminal antecedents of candidates in the election campaign in compliance with the Supreme Court judgment in Public Interest Foundation v. Union Of India.The Bench comprising Chief Justice Rajendra Menon and Justice VK Rao opined that. The …

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
6 years, 8 months ago

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC

Live Law  

The Centre has sought dismissal of a plea seeking directions to restrict candidates from contesting from two constituencies simultaneously, asserting that any change in the law “may cause infringement of the rights of the candidates contesting elections as well as curtail choice of candidates to the polity”.The affidavit has been filed in response to a petition filed by BJP leader. …

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
6 years, 8 months ago

Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC

Live Law  

The Centre has sought dismissal of a plea seeking directions to restrict candidates from contesting from two constituencies simultaneously, asserting that any change in the law “may cause infringement of the rights of the candidates contesting elections as well as curtail choice of candidates to the polity”.The affidavit has been filed in response to a petition filed by BJP leader. …

Centre in Supreme Court justifies contest from 2 seats
6 years, 8 months ago

Centre in Supreme Court justifies contest from 2 seats

Deccan Chronicle  

New Delhi: Even as the Election Commission has said that it favoured the proposal to bar a candidate from contesting in two Assembly/parliamentary constituencies during elections, the Centre on Monday justified such a provision of law. Section 33 of the Representation of the People Act, 1951, allows a person to contest a general election or a group of bypoll or …

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
6 years, 9 months ago

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]

Live Law  

The Supreme Court was recently moved in a plea for direction to the Central Government to treat as an electoral offence the making of false statement/declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or other similar authorities.The public interest litigation, instituted by an advocate and BJP leader Ashwini Kumar Upadhyay,. The Supreme Court was recently …

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
6 years, 9 months ago

PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]

Live Law  

The Supreme Court was recently moved in a plea for direction to the Central Government to treat as an electoral offence the making of false statement/declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or other similar authorities.The public interest litigation, instituted by an advocate and BJP leader Ashwini Kumar Upadhyay,. The Supreme Court was recently …

SC asks Centre to respond to PIL on 'one seat, one candidate'; EC in favour
6 years, 11 months ago

SC asks Centre to respond to PIL on 'one seat, one candidate'; EC in favour

India TV News  

The Election Commission last year told the apex court that the law should be amended to ensure that a person cannot contest from more than one seat. The Election Commission of India, in its affidavit in December last year, had quoted its 2004 proposals on electoral reforms and said that the law should be amended to ensure that a person …

Plea filed in Supreme Court seeks common electoral rolls for all elections
7 years ago

Plea filed in Supreme Court seeks common electoral rolls for all elections

Live Mint  

New Delhi: A plea seeking a direction to the centre and Election Commission of India to take steps to use common electoral rolls for Parliament, state assembly and local body elections has been filed in the Supreme Court. The public interest litigation, brought by advocate and Bharatiya Janata Party spokesperson Ashwini Kumar Upadhyay, sought the use of a totalizer for …

SC seeks response from Centre on PIL seeking ban on convicts from heading parties
7 years, 3 months ago

SC seeks response from Centre on PIL seeking ban on convicts from heading parties

Firstpost  

Supreme Court on Friday sought the responses of the government and the election commission on a PIL seeking to restrain convicted politicians New Delhi: The Supreme Court on Friday sought responses of the government and the election commission on a PIL seeking to restrain convicted politicians from running and holding posts in political parties. Senior advocate Siddharth Luthra, appearing for …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC
7 years, 10 months ago

Bombay HC Allows Ex-Councillor To Contest Civic Body Elections After Nomination Was Rejected By EC

Live Law  

In a matter that came up for hearing before the vacation bench of Justice KK Tated and Justice AK Menon on Thursday, a contention was raised by the petitioner that his nomination form for the Bhiwandi Nizampur Municipal Corporation elections was rejected by the Returning Officer, who retrospectively applied law.Petitioner’s counsel SM Gorwadkar submitted that in an order dated May …

PIL to ensure maximum voting: SC issues notice to Centre, EC
10 years, 7 months ago

PIL to ensure maximum voting: SC issues notice to Centre, EC

Live Law  

The Bench of Justice Dattu and Justice Bobde issued notice to Central Government and Election Commission of India seeking a response from them on a public interest litigation seeking regarding maximum voting.The petition seeks a direction from the Supreme Court to the Centre and ECI to frame guidelines to ensure that more citizens cast their votes in the polls.Satya Prakash, …

SC notice on plea for restricting candidate to one constituency
11 years ago

SC notice on plea for restricting candidate to one constituency

India TV News  

New Delhi: The Supreme Court on Friday issued notice to the central government and the Election Commission on a petition seeking direction that no candidate could simultaneously contest election from more than one constituency for the same legislative body in the same election. A bench of Chief Justice P.Sathasivam and Justice N.V.Ramana issued notice on a petition seeking declaration that …

Supreme Court issues notice to Centre and Election Commission in a PIL challenging filing of nominations by candidates from more than one constituency
11 years ago

Supreme Court issues notice to Centre and Election Commission in a PIL challenging filing of nominations by candidates from more than one constituency

Live Law  

The Supreme Court on Friday, sought to know the response of Centre and Election Commission on a PIL seeking to declare as "null and void" the nomination papers of any candidate contesting election from more than one constituency. A Bench of the Apex Court comprised of Chief Justice P. Sathasivam and N V Ramana, issued notices to Centre and the …

PIL in SC against contesting from multiple constituencies and Rajya Sabha MPs and Sitting MLAs contesting in Lok Sabha polls
11 years, 1 month ago

PIL in SC against contesting from multiple constituencies and Rajya Sabha MPs and Sitting MLAs contesting in Lok Sabha polls

Live Law  

In what is likely to throw up a gamut of issues related to the legality of permitting a candidate from contesting elections from two constituencies at a single time, a writ petition has been filed before the Hon'ble Supreme Court of India, by the 'Voters Party'- a political party registered under section 29A of the Representation of Peoples Act 1951 …

Madras HC dismisses plea for reservation in coop polls
12 years ago

Madras HC dismisses plea for reservation in coop polls

India TV News  

Chennai, Mar 21: Madras High Court on dismissed a petition seeking its direction to authorities to implement reservation for SC/ST candidates in the posts of cooperative society presidents for the coming elecctions to the societies in Tamil Nadu. A bench comprising acting Chief Justice Rajesh Kumar Agrawal and Justice N Paul Vasanthakumar said the plea cannot be considered by Election …

SC seeks centre's response on plea challenging election law
12 years, 2 months ago

SC seeks centre's response on plea challenging election law

India TV News  

New Delhi, Jan 11: The Supreme Court Thursday asked the central government to file its response to two PILs contending that a provision of India's electoral law was unconstitutional. A bench of Justice A.K. Patnaik and Justice Gyan Sudha Misra asked the government to respond to the contention that sub-section of section 8 of the Representation of People Act, 1951 …

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