Title : Report of Withdrawal by the High Court to the Election Commission
State : Central
Year : 1951
When an application for withdrawal is granted by1[the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing,1[the High Court] shall report the fact to the Election Commission2[and thereupon the Election Commission shall publish the report in the Official Gazette]. ______________________ 1. Substituted by Act 47 of 1966, sec, 47, for "the Tribunal" w.e.f. 14-12-1966 2. Inserted by Act 27 of 1956, Section 61. View Complete Act List Judgments citing this sectionTitle : Removal of Ballot Papers from Polling Station to Be an Offence
State : Central
Year : 1951
(1) Any person who at any election1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman..... View Complete Act List Judgments citing this sectionTitle : Casual Vacancies in the Council of States
State : Central
Year : 1951
1[(1)] When before the expiration of the term of office of a member elected to the Council of Slates, his scat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned2[* **], as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 3[(2) As soon as may be after the date of commencement of the Constitution (Seventh..... 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 : Assistant Returning Officers
State : Central
Year : 1951
(1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions: Provided that every such person shall be1[an officer of Government or of a local authority]. (2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer: Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate2[***] to the scrutiny of nominations3[***] unless the returning officer is unavoidably prevented from performing the said function. ______________________ 1. Substituted by Act 47 of 1966, Section 24, for "an officer of Government". 2. Certain words omitted by Act 27 of..... 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 : Presentation of Nomination Paper and Requirements for a Valid Nomination
State : Central
Year : 1951
1[33. Presentation of nomination paper and requirements for a valid nomination. - ( 1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer: 2[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: Provided..... 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 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 section