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Home Bare Acts Phrase: equitable electionPresidential and Vice-presidential Elections Act, 1952 Part II
Title: Conduct of Presidential and Vice-presidential Elections
State: Central
Year: 1952
.....For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to any of the disqualifications mentioned in section 16 of the Representation of the .People Act, 1950.] Section 6 - Withdrawal of candidature (1) Any candidate may withdraw his candidature by a notice in writing in the prescribed formsubscribed by him and delivered before iforce. O'clock in theafternoon on the date fixed under clause (c) of sub section (1) of section 4, to the Returning Officer either by such candidate in person or 1 [byany one of his proposers or seconders] whohas been athorised in this behalf in writing by such candidate. (2) No person who has given a notice of withdrawal of his candidature under sub-scction (1) shall be allowed to cancel thenotice. 2 [(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice ofwithdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuousplaec in his.....
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Amending Act I
Title: Presidential and Vice-presidential Elections (Amendment) Act, 1977
State: Central
Year: 1952
.....any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidate, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860.). 19.Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the.....
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Chapter III
Title: Presentation of Petitions in Respect of Disputed Elections
State: Central
Year: 1977
.....practice are made in the petition. Section 7 - Contents of petition (1) A petition-- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.), for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. Section 8 - Relief that may be claimed by the petitioner A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further.....
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 18
Title: Grounds for Declaring Election to Be Void
State: Central
Year: 1977
.....or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, the Authority shall declare the election of the returned candidate to the void. (2) If in the opinion of the Authority a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Authority is satisfied-- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the Authority may decide that the election of the returned candidate is not void.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Complete Act
Title: Presidential and Vice-presidential Elections Act, 1952
State: Central
Year: 1952
.....- Presentation of petition Section15 - Form of petitions, etc., and procedure Section16 - Relief that may be claimed by the petitioner Section17 - Orders of the Supreme Court Section18 - Grounds for declaring the election of a returned candidate to be void Section19 - Grounds for which a candidate other than the returned candidate may he declared to have been elected Section20 - Transmission of orders to the Central Government and its publication Part IV Section20A - Return or forfeiture of candidate's deposit Section21 - Power to make rules Section22 - Maintenance of secrecy of voting Section23 - Jurisdiction of civil courts barred Amending ActI - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 Amending ActII - MINISTRY OF LAW AND JUSTICE
List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Section 19
Title: Grounds for Which a Candidate Other Than the Returned Candidate May He Declared to Have Been Elected
State: Central
Year: 1952
If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected : Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presumed calling in question his election.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Section 8
Title: Procedure in Contested and Uncontested Elections
State: Central
Year: 1952
.....their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken: (c) there is no candidate who has been duly nominated and has nnt so withdrawn his candidature, the Reluming Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and lor that purpose the Election Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such election and issue another notification under that sub-section appointing the dates referred to in that sub-section for the purposes of such fresh election.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Section 14
Title: Authority to Try Election Petitions
State: Central
Year: 1952
(1) No election shall be called in question except by presenting an election petition to the authority specified in sub-section (2). (2) The authority having jurisdiction to try an election petition shall be the Supreme Court. (3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under Article 145.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Section 18
Title: Grounds for Declaring the Election of a Returned Candidate to Be Void
State: Central
Year: 1952
(1) If the Supreme Court is of opinion,-- (a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or (b) that the result of the election has been materially affected (i) by the improper reception or refusal of a vote, or (ii) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to he void. (2) For the purposes of this section, the offences of briber) and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code.
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 19
Title: Grounds for Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected
State: Central
Year: 1977
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Authority is of opinion-- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Authority shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
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