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Elective - Law Dictionary Search Results

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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...


elective

elective 1 a : chosen by popular election [an official] b : of or relating to election c : based on the right or principle of election [the presidency is an office] 2 a : permitting a choice compare compulsory b : available as a choice [ insurance coverage] c : beneficial to the patient but not essential for survival [ surgery] ...


Elective

Exerting the power of choice selecting as an elective act...


elective share

elective share : the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited unjustifiably called also forced share compare curtesy, dower ...


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 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....


Chief Election Commissioner

Chief Election Commissioner, 'Chief Election Commissioner' means the Chief Election Commissioner appointed under Article 324 of the Constitution [Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, (11 of 1991), s. 2(a)]...


To hold elections

To hold elections, the phrase 'to hold elections' can be understood both in a wide and a narrow sense. Its wide connotation will include all steps such as the delimitation of constituencies, the compilation of electoral rolls, etc. which are a necessary preliminary to the actual conduct of elections. In the restricted sense, this phrase would cover only the actual holding of elections, State of Gujarat v. Jamnadas G. Pabri, AIR 1974 SC 2233 (2238): (1975) 1 SCC 138: (1975) 2 SCR 330....


election of remedies

election of remedies 1 : the act of electing a remedy from those available for an injury 2 : the doctrine that a plaintiff who elects a remedy for his or her injury is barred from pursuing another remedy that is inconsistent with the one elected ...


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