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Bye Elections - Law Dictionary Search Results

Home Dictionary Name: bye elections

Electoral roll

Electoral roll, The electoral roll referred to in s. 62(1) of the Representation of the People Act, 1951 must be understood to be the electoral roll that was in force on the last day for making the nominations for the election, Baidyanath Panjiar v. Sitaram Mahto, (1969) 2 SCC 447: AIR 1970 SC 314: (1970) 1 SCR 839.For being eligible to be included in electoral register, one has to be: (1) a resident in that Constituency, (2) should not be subject to any legal incapacity, (3) has to be either a Commonwealth citizen or a citizen of the Republic of Ireland, (4) has to be of 18 years of age or above on the date of poll, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 26.In U.K., it is known as electoral Register. The Representation of People Act, 1983 provides for the presentation of Registers of Parliamentary electors once a year and all persons who claim to vote must be registered before election, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 28.Is known as 'voters' l...


Building bye-law

Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....


By-laws, or bye-laws

By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...


Election

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...


Election Commission

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. [Representati...


Bye-law

Bye-law, means an Ordinance affecting the public or some portion of the public imposed by some authority clothed with statutory powers, ordering something to be done or not to be alone and accompanied by some sanction or penalty for its non-observance, Kruse v. Johnson, (1898) 2 QB 91; DPP v. Hutchinson, (1990) 2 All ER 836. Means a rule or administrative provision adopted by an association or corporation for its internal governance. Co-operate bye-laws are usually enacted apart from the articles of incorporation, Black Law Dictionary, 7th Edn., p. 193.Means a rule adopted by an organization chiefly for the government of its members and the management of its affairs; a local Ordinance, Webster's Dictionary of Law, Indian Edn. (2005), p. 62....


Bye-law street

Bye-law street, means a street constructed so as to comply with any bye-laws, regulations or other enactments in force in the district, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 747, p. 546....


Right to elect

Right to elect, a right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election. Outside of statute, there is no right to elect, no right to be elected and no right to dispute an election. Statutory creations they are, and therefore, subject to statutory limitation, Jyoti Basu v. Debi Ghosal, AIR 1982 SC 983: (1982) 1 SCC 691: (1982) 3 SCR 318...


election

election 1 a : the act or process of electing b : an instance of the electorate voting for candidates for an elective office c : the fact of being elected 2 : the right, power, or privilege of making a choice: as a : the right of a spouse to choose a statutorily prescribed amount of a deceased spouse's estate or whatever was devised to him or her under the will b : the right of a person who has an interest in property that a deceased has disposed of by will either to claim his or her right to the property or to accept what he or she was devised under the will instead c : the right of a party to a contract that has been breached by the other party to choose to continue or terminate the contract see also election of remedies, equitable election ...


Election petitions

Election petitions are petitions for inquiry into the validity of the elections of members of Parliament. They are tried by a puisne judge of the High Court in the King's Bench Division [(English) Parliamentary Elections Act, 1868, s. 11; the Judicature Act, 1925, s. 67; the (English) Parliamentary Elections and Corrupt Practices Act, 1879]. The judges selected for this duty are known as election judges. See Fraser's Parl. Elect....


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