Candidate For Election - Law Dictionary Search Results
Home Dictionary Name: candidate for electionCandidate 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)]...
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....
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Candidate
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...
Direct nomination
The nomination or designation of candidates for public office by direct popular vote rather than through the action of a convention or body of elected nominating representatives or delegates The term is applied both to the nomination of candidates without any nominating convention and loosely to the nomination effected as in the case of candidates for president or senator of the United States by the election of nominating representatives pledged or instructed to vote for certain candidates dssignated by popular vote...
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)]...
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)]...
Corrupt practices
Corrupt practices. At elections these are treating, un-due influence, bribery, personation, making a false declaration as to election expenses, and incurring election expenses without the election agent's written authority. See Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 3; (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), ss. 1-3, 33 (7); (English) Municipal Corporations Act, 1882; (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), ss. 2, 1 (5); (English) Local Government Acts, 1888 (s. 75) and 1894 (s. 48); (English) Representation of the People Act, 1918, ss. 34, 35, 38 and (English) R. of the P. Act (No. 2), 1922. The (English) Municipal Elections (Corrupt and Illegal Practices) Act,1911, makes it an illegal practice to publish certain false statements concerning a candidate. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 79 et seq.Corrupt practices at parliame...
Bribe
Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...
Relief
Relief, legal remedy for wrongs, etc.; charitable assistance.A payment made by an heir of a feudal tenant to the feudal lord for privilege of succeeding to ancestor's tenancy, Black's Law Dictionary, 7th Edn., p. 1293.In the feudal law a payment made to the lord by the tenant coming into possession of an estate held under him. Abolished with other feudal grievances.Relief with respect to Election Offences. If a candidate at a parliamentary or municipal election has become responsible in respect of an election offence committed unwittingly, or which he has taken all reasonable means to prevent, he can apply or relief at the trial of an election petition, or if no petition is on the record, to the High Court, under Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), the application being usually to a Divisional Court; see Shaw v. Reckitt, (1893) 1 QB 779; 2 QB 59; and as to municipal elections under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, ...
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