Title : Scrutiny of Nominations
State : Central
Year : 1951
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer1[***] of each candidate, and one other person duly authorised in writing by each candidate but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33. (2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary,2[reject] any nomination on..... View Complete Act List Judgments citing this sectionTitle : Withdrawal of Candidature
State : Central
Year : 1951
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer,1[***] or election agent who has been authorised in this behalf in writing by such candidate. 1[***] (2) No person who has given a notice or withdrawal of his candidature under subsection (1) shall be allowed to cancel the notice. 2[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous..... View Complete Act List Judgments citing this sectionTitle : Allocation of Equitable Sharing of Time
State : Central
Year : 1951
1[39A. Allocation of equitable sharing of time.-- (1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election. (2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election. (3) The..... View Complete Act List Judgments citing this sectionTitle : Appointment of Polling Agents
State : Central
Year : 1951
1[46. Appointment of polling agents. - A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (i) of section 29 for the poll.] ______________________ 1. Substituted by Act 27 of 1956, Section 27, for section 46. View Complete Act List Judgments citing this sectionTitle : Fresh Poll in the Case of Destruction, Etc., of Ballot Boxes
State : Central
Year : 1951
1[58. Fresh poll in the case of destruction, etc., of ballot boxes. - (1) If at any election,-- (a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at the polling station or place cannot be ascertained; or 2[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or] (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election..... View Complete Act List Judgments citing this sectionTitle : Decision of the High Court
State : Central
Year : 1951
At the conclusion of the trial of an election petition1[the High Court] shall make an order-- (a) dismissing the election petition; or (b) declaring the election of2[all or any of the returned candidates] to be void; or (c) declaring the election of2[all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected.3[***] 3[***] ______________________ 1. Substituted by Act 47 of 1966, Section 42, for "the Tribunal" w.e.f.14-12-1966. 2. Substituted by Act 27 of 1956, Section 53, for "the returned candidate". 3. The word "or" and clause (d) omitted by Act 27 of 1956 of 1956, Section 53 View Complete Act List Judgments citing this sectionTitle : Transmission of Order to the Appropriate Authority, Etc., and Its Publication
State : Central
Year : 1951
As soon as may be after the receipt of any order made by1[the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election2[* * * ] to a House of Parliament or to an election to the House or a House of the legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and3[shall cause the order to be published- (a) where the order relates to an election to a House of Parliament, in the Gazette of India as well as in the Official Gazette of the State concerned; and (b) where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State.] ..... View Complete Act List Judgments citing this sectionTitle : Notification for General Election to a State Legislative Assembly
State : Central
Year : 1951
(1) A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution. (2) For the said purpose, 1 [the Governor or Administrator, as the case may be], 2 [***] shall by one or more notifications published in the Official Gazette of the State on such date or dates may be recommended by the Election Commission, call upon all Assembly constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and order made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on..... View Complete Act List Judgments citing this sectionTitle : Declaration of Donation Received by the Political Parties
State : Central
Year : 1951
(1) The treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the following, namely:-- (a) the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year; (b) the contribution in excess of twenty thousand rupees received by such political party from companies other than Government companies in that financial year. (2) The report under sub-section (1)shall be in such form as may be prescribed. (3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a..... View Complete Act List Judgments citing this sectionTitle : Publication of List of Contesting Candidates
State : Central
Year : 1951
1[38. Publication of list of contesting candidates. - (1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period. 2[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:-- (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates. (3) The categories mentioned in..... View Complete Act List Judgments citing this section