Returned Candidate - Bare Acts

Karnataka Panchayat Raj Act, 1993 Section 20

Title: Grounds on Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected

State: Karnataka

Year: 1993

Section 20 - Grounds on which a candidate other than the returned candidate may be declared to have been elected (1) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claims a declaration that he himself or any other candidate has been duly elected and the1[Civil Judge (Junior Division)] 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, the1[Civil Judge (Junior Division)] 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. (2) The decision of the1[Civil Judge (Junior Division)] shall be final. ________________________ 1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

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Presidential 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.

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Representation of the People Act, 1951 Section 101

Title: Grounds for Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected

State: Central

Year: 1951

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 and1[the High Court] 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 corrupt2[***] practices the petitioner or such other candidate would have obtained a majority of the valid voles, 1[the High 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. ______________________ 1. Substituted by Act 47 of 1966, Section 42, for "the Tribunal w.e.f. 14-12-1966. 2. The words "or illegal" omitted by Act 27 of 1956, Section 56.

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Disputed 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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Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 Section 22

Title: Grounds for Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected

State: Karnataka

Year: 1966

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 Munsiff 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 Munsiff 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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Presidential 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.

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Karnataka Panchayat Raj Act, 1993 Section 308B

Title: Lodging of Account with the Returning Officer

State: Karnataka

Year: 1993

Section 308B - Lodging of account with the returning officer 1 [308B. Lodging of account with the returning officer.-- Every contesting candidate at the election to the Zilla Panchayat or Taluk Panchayat under this Act shall within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of the election are different, the later of those two dates lodge with the Returning Officer appointed at an election under this Act an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 308A.] ______________________ 1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

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Karnataka Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act, 2000 Preamble 1

Title: Karnataka Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act, 2000

State: Karnataka

Year: 2000

.....they have made any comparative study regarding the schools in the rural areas, their standard of education, teaching methods etc., It is well known fact that even in urban areas the education standard of children of hut dwellers and other economically and socially backward classes is not of same standard as of rural areas"; WHEREAS the Government constituted a Commission of Inquiry consisting of Justice R. Ramakrishna, a former Judge of the High Court, as Chairman and some other members to examine various aspects relating to rural candidates; WHEREAS the Commission has given its report in which it has observed that both from the point of view of available schooling facilities as well as infrastructural facilities in the existing school, it is evident that children in rural schools suffer from a serious handicap as compared to children in urban schools and further it has recommended to have a legislation to provide for further reservation of five percent over and above the reservation already provided to the persons belonging to the Scheduled Castes, Scheduled Tribes and the other Backward Classes to the extent of fifty percent; WHEREAS the Supreme Court in the case of.....

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Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act, 2000 Preamble 1

Title: Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act, 2000

State: Karnataka

Year: 2000

.....they have made any comparative study regarding the schools in the rural areas, their standard of education, teaching methods etc., It is well known fact that even in urban areas the education standard of children of hut dwellers and other economically and socially backward classes is not of same standard as of rural areas"; WHEREAS the Government constituted a Commission of Inquiry consisting of Justice R. Ramakrishna, a former Judge of the High Court, as Chairman and some other members to examine various aspects relating to rural candidates; WHEREAS the Commission has given its report in which it has observed that both from the point of view of available schooling facilities as well as infrastructural facilities in the existing school, it is evident that children in rural schools suffer from a serious handicap as compared to children in urban schools and further it has recommended to have a legislation to provide for further reservation of five percent over and above the reservation already provided to the persons belonging to the Scheduled Castes, Scheduled Tribes and the other Backward Classes to the extent of fifty percent; WHEREAS the Supreme Court in the case of.....

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Karnataka Reservation of Appointments or Posts (in the Civil Services of the State) for Rural Candidates Act, 2000 Section 3

Title: Reservation of Appointments or Posts for Rural Candidates

State: Karnataka

Year: 2000

Notwithstanding anything contained in any judgement, decree or order of any court or other authority having regard to the serious handicap suffered by rural candidates who have studied in rural schools as compared to those who have studied in urban schools and the inadequate representation of rural candidates in the civil services of the State, twenty-five percent of the vacancies earmarked for direct recruitment in each of the categories of General Merit, the Scheduled Castes and Schedule Tribes and in each of the categories of the Other Backward Classes shall be reserved for rural candidates: Provided that in the case of a rural candidate belonging to general merit or the other backward classes except category I, concept of creamy layer as may be applicable as per the orders of the Government with regard to reservation issued under clause (4) of Article 16 of the Constitution shall apply mutatis mutandis.

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