Election Commission - Definition - Law Dictionary Home Dictionary Definition election-commission

Definition :

Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]

Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]

The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]

Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]

Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representation of People Act, 1951, s. 11A]

Has power to disqualify any person on the ground that he has failed to lodge the account of election expenses. [Representation of the People Act, 1951, s. 10A]

Advises the President/Governor on the question of disqualification of any member of Parliament or a member of a State Legislature. The President or the Governor, as the case may be, has the act according to the opinion of the Election Commission in this regard, Constitution of India, Arts. 103(2), 192(2), Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 136.

In India the Election Commission is vested with the responsibility of superintending, directing and controlling the preparation of electoral rolls and conducting all elections to Parliament, State Legislatures and to the offices of such number of other Election Commissioners as the President may fix from time to time; their appointment is made by the President; he may appoint Regional Commissioners also to assist the Commission, Constitution of India, Art. 324(1) & (2).

In U.K. Lord Chancellor is ordered by Royal Proclamation to issue writes of holding of fresh elections throughout the country. These writs are addressed to the Returning Officers in each Constituency, who is responsible for the conduct of election in that Constituency, Office of the speaker in the Parliament of Commonwealth by Wilding and Philip Laundry, p. 230, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, 1956 and H.M. Barclay, 3rd Edn., 1970, p. 90.

Can remove or reduce the disqualification in both cases, Representation of the Peoples Act, 1951, ss. 11 & 11B.

The Commission's functions are subject to the norms of fairness and it cannot act arbitrarily. The Election Commission has issued a model code of conduct which comes into force as soon as the elections are notified, Law of Elections, P.D.T. Achary, 2004, p. 117.

Means the Election Commission referred to in Article 324, the Delimitation Act, 2002, s. 2(d).

Means the Election Commission appointed by the President under Article 324, M.P. Reorganisation Act, 2000, s. 2(d).

Means the Election Commission appointed by the President under Article 324, Uttar Pradesh Reorganisation Act, 2000, s. 2(d).

Means the Election Commission appointed by the President under Article 324, Bihar Reorganistion Act, 2000, s. 2(d).