Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).
The act of selecting one or more from a greater number for an office.
The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.
Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch 1.
In equity the doctrine of election is founded on the rule that a person who takes under an instrument must give effect to every part of it. Thus, if a testator devises his own estate to A and A's estate to B, A must elect whether he will take 'under' or 'against' the will. If he elects to take under, and consequently to conform with, all the provisions of the will, there is no difficulty--he takes the testator's estate and gives up his own to B. If, on the other hand, he elects to take against the will, i.e., retains his own estate and at the same time claims that devised to him by the testator, he is bound to make compensation out of it to B, whom he has disappointed by thus electing; see Streatfield v. Streatfield, (1735) Cas. Temp. Talb. 176; W&TLC.
The term 'election' is also used to signify the determination of persons entitled to the proceeds of property directed to be converted to take the property in its unconverted state and thus put an end to the trust for conversion. See CONVERSION.
It means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority. [Prevention of Corruption Act, 1988, s. 2 (a)]
The entire process which consists of several stages and embraces many steps, some of which may have an important bearing on the result of the process, N.P. Ponnuswami v. Returning Officer, AIR 1952 SC 64: (1952) SCR 218. [Constitution of India, Art. 329(b)]
The word 'election' means the entire election process culminating in a elected candidate and doubts and disputes arising out of or in connection with any of such stages of such completed election have to be inquired into, Narayan Bhaskar Khare (Dr.) v. Election Commission of India, AIR 1957 SC 694: 1957 SCR 1081.
Means the entire process constituting of several stages and embracing several steps by which an elected member is returned, whether or not it is found necessary to take a poll, State of Karnataka v. Gunjahalli Nagappa, (1976) 1 SCC 204: AIR 1975 SC 1708: (1976) 1 SCR 57.
The word election has a very wide connotation commencing from the Presidential notification calling upon the electorate to elect and culminating in the final declaration of the returned candidate, Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405: AIR 1978 SC 851: (1978) 2 SCR 272.
Preparation and revision of electoral rolls is not a part of the 'election' within the meaning of Article 329(b), Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman, (1985) 4 SCC 689: AIR 1985 SC 1233: (1985) Supp 1 SCR 493. [Constitution of India, Art. 329(d)]
The word 'election' in Article 324 is used in a wide sense so as to include the entire process of election which consists of several stages and it embraces many steps, some of which may have an important bearing on the result of the process, Kanhiya Lal Omar v. R.K. Trivedi, (1985) 4 SCC 628: AIR 1986 SC 111: (1985) Supp 3 SCR 1.
Means election of the Executive Body of a Sports Association, Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005, s. 2(h).
In U.K., general elections to Parliament are held on completion of a term of five years or earlier, if dissolved by crown, for returning the representatives to the lower House of Parliament. Writs for holding elections are issued after the Parliament is dissolved. Procedure for elections is governed by Representation of People's Act, 1949, The Office of the Speaker in the Parliaments of Commonwealth, Wilding & Philip Laundry, p. 230.
Nominations for elections are received upto eighth day after the proclamation. Poll is held on the ninth day of nomination period. Election is held by secret ballot, Parliamentary Dictionary, L.A. Abraham & S.C. Hawtrey, 1956, p. 90, H.M. Barclay, 3rd Edn., p. 1970.
Is the choosing for the office by vote, Webster American Dictionary, p. 139.
In certain cases voting by post or by proxy is allowed, Parliamentary Practice, Erskins May, 22nd Edn., 1997, p. 29.
To the post of Speaker, Deputy Speaker and Deputy Chairman is governed by rules framed by the respective House.
Rules of Procedure and Conduct of (Rajya Sabha) Business in Lok Sabha, 10th Edn., July 2000, rr. 7 & 8. Rules of Procedure and Conduct of (Rajya Sabha) Business in the Council of States, 5th Edn., 2000, r. 7.
Members of Rajya Sabha are elected by elected members of Legislative Assemblies of the States, Law of Elections, P.D.T. Achary, 2004, p. 298.
In Canada, the supervision of the Dominion Elec-tions is vested in the Chief Election Officer; he is an independent Official chosen by a resolution of the House of Commons and removable in the same manner as a Judge of the Supreme Court of Canada, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 136.
In India, general elections to Lok Sabha are held on expiration of its term or on its dissolution for constituting a new Lok Sabha [Representation of People's Act, 1951, s. 14].
The word 'election' has by long usage in connection with the process of selection of proper representa-tives in democratic institutions acquired both a wide and a narrow meaning. In the narrow sense it is used to mean the final selection of a candidate which may embrace the result of the poll when there is polling, or a particular candidate being returned unopposed when there is no poll. In the wide sense, the word is used to connote the entire process culminating in a candidate being declared elected and it is in this wide sense that the word is used in Part XV of the Constitution in which Article 329(b) occurs, Election Commission of India v. Shivaji, (1988) 1 SCC 277: AIR 1988 SC 61: (1988) 1 SCR 878. [Constitution of India, Art. 329(d)]
The expression 'election', means selection of a person by vote or even otherwise. When a person is nominated by way of selection on the basis of a given criteria from amongst several persons, then in the broader sense he is elected to the office, Dinesh Prasad Yadav v. State of Bihar, (1955) Supp 1 SCC 340.
The term 'election' as occurring in Article 329 is to mean and include the entire process from the issue of the notification under s. 14 of the Representation of the People Act, 1951 to the declaration of the result under s. 66 of the Act, Election Commission of India v. Ashok Kumar, (2000) 8 SCC 216 (226). (Constitution of India, Art. 329)
The word 'election' cannot be restricted only to the electoral process which commences with the issuance of the notification and ends with the casting of votes at the Polls. The word 'election' as used in the Representation of the People Act means 'that every stage from the time the notification calling for elections is issued till the declaration of the result', V.S. Achuthanandan v. P.J. Francis, AIR 1999 SC 2044 (2050): (1999) 3 SCC 737. [Representa-tion of the People Act, 1951, s. 123(2) & 123(7)]
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