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Start Free TrialPresidential 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as may be prescribed, and a poll shall be taken: (c) there is no candidate who has been duly nominated and has nnt so withdrawn his candidature, the Reluming Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be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 Part II
Title: Conduct of Presidential and Vice-presidential Elections
State: Central
Year: 1952
.....is taken, voles shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting, Section 11 - Declaration of results When the counting of the votes has been completed, the Returning Officer shall forthwith declare the results of the election in the manner provided by this Act or the rules made-thereunder. Section 12 - Report of the result As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the names of the person elected to the office of President or Vice-President, as the case may be.
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 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 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 5
Title: Public Notice of Election
State: Central
Year: 1952
On the issue ot a notification under sub-section (1) of section 4, the Returning Officer for the election shall giye public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Preamble 1
Title: Presidential and Vice-presidential Elections Act, 1952
State: Central
Year: 1952
THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 [Act, No. 31 of 1952] [14th March, 1952] PREAMBLE An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India. BE it enacted by Parliament as follows :--
View Complete Act List Judgments citing this sectionPresidential and Vice-presidential Elections Act, 1952 Part III
Title: Disputes Regarding Elections
State: Central
Year: 1952
PART III 1DISPUTES REGARDING ELECTIONS _________________________ 1. Part III substituted by the Presidential and Vice-Presidential Elections (Amendment) Act, 1977 (20 of 1977), section 2 w.e.f. 5-7-1977).
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