Candidature - Law Dictionary Search Results

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Candidature

Candidacy...

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and returned candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37.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has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal.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contesting candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37, Har Swarup v. Brij Bhusan Saran, AIR 1967 SC 836: (1967) 1 SCR 342.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)]...

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)]...

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