Candidate - Law Dictionary Search Results
Home Dictionary Name: candidateCandidate
Candidate [fr. Candidatus, Lat., clothed in white], a competitor, one who solicits or proposes himself for a place or office. The name is derived from the toga candida in which competitors at Rome were habited. In the (English) Corrupt Practices Acts the expression has a specially extensive meaning. Corrupt and Illegal practices (English) Prevention Act, 1883, s. 63, by which, with a saving for a person nominated without his consent-In the Corrupt Practices Prevention Acts, as amended by this Act, the expression 'candidate at an election' and the expression 'candidate' respectively mean, unless the context otherwise requires, any person, elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued.Making certain false statements a...
To stand or not to stand as a candidate
To stand or not to stand as a candidate, a person who has been or claims to have been duly nominated as a candidate as any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. The first part of the definition requires that in order to be a candidate a person should have been duly nominated as a candidate. But it may sometimes happen that though a person claims to have been duly nominated, the validity of his nomination is in dispute: such a person would also be a candidate within the meaning of the definition. The basic postulate of the first part of the definition is that a person should be duly nominated and it is only then that he becomes a candidate at an election. The second part of the definition does not extend the meaning of the word 'candidate' but merely says from what point of time a person, who has been duly nominated as a candidate, shall be deeme...
Contesting candidate and returned candidate
Contesting candidate and returned candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37. In clause (a) of s. 82 the words 'he himself or any other candidate', 'any other candidate' there means any other contesting candidate, Har Swarup v. Brij Bhushan Swarup, AIR 1967 SC 836 (838): (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a)]...
Contesting candidates
Contesting candidates, these contesting candidates within the phraseology which has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal. These are the contesting candidates within the meaning of that term as used in the Act and they are normally expected to go to the poll, K. Kamaraja Nadar v. Kunju Thevar, AIR 1958 SC 687 (694). [Representation of the People Act, 1951, s. 38]...
Returned candidate and contesting candidate
Returned candidate and contesting candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37, Har Swarup v. Brij Bhusan Saran, AIR 1967 SC 836: (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a), 37)]...
Candidate
One who offers himself or is put forward by others as a suitable person or an aspirant or contestant for an office privilege or honor as a candidate for the office of governor a candidate for holy orders a candidate for scholastic honors...
Continuing candidate
Continuing candidate, a continuing candidate has been defined to mean not elected and not exclude from the poll at any given time, Lalit Mohan Pandey v. Pooran Singh, (2004) 6 SCC 626 (644): AIR 2004 SC 2303.Continuing candidate, has been defined to mean not elected and not excluded from the poll at any given time, Lalit Mohan Pandey v. Pooran Singh, (2004) 6 SCC 626....
Local candidate
Local candidate, a local candidate in service means a temporary Government servant not appointed regularly in accordance with the rules of recruitment to that service. Mysore Civil Srvices (General Recruitment) Rules, 1957, Rule 8(27A), Dr. S.T. Venkataiah Thimmiah v. State of Mysore, AIR 1969 Mys 186.A local candidate means a temporary Government servant not appointed regularly. Under the rules in force in the year 1958 two Government servants cannot be appointed substantively to the same permanent post at the same time. A Government servant cannot be appointed substantively except as a temporary measure to two or more permanent posts at the same time, (AIR 1969 Mys 186 reversed), R.N. Nanjundappa v. T. Thimmaiah, AIR 1972 SC 1767 (1774): (1972) 1 SCC 409. [Mysore State Council Services (General Recruitment) Rules 1957, R. 8 (27A)]...
Withdraw from being a candidate
Withdraw from being a candidate, the words 'to withdraw - from being a candidate' in clause (a) cannot be read in isolation. They must be read in the context of the other provisions of the Act. As already pointed out, it is clear on a proper and combined reading of clauses (a) and (b)(i) of sub-s. (1)(A) of s. 123 of the Representation of People Act, 1951 and clause (b) of sub-s. (1)(B) that the words 'to withdraw - from being a candidate' used in clause (a) of sub-s. (1)(A) mean the same thing as withdrawal of candidature referred in clause (B)(i) of sub-s. (1)(A) and clause (b) of sub-s. (1)(B), Umed v. Raj Singh, AIR 1975 SC 43: (1975) 1 SCC 76: (1975) 1 SCR 918. [Representation of the People Act, 1951, ss. 123 (1) (A) (a), 79(b), 55A, 37 and 30(c) (before Amendment Act (58 of 1958)]...
Candidate for election
Candidate for election, means a person who has been duly nominated as a candidate for election to any Legislature. [Foreign Contribution (Regula-tion) Act, 1976 (49 of 1976), s. 2 (1) (b)]...
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