Elective - Law Dictionary Search Results
Home Dictionary Name: electiveElection
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...
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....
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)]...
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 ...
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] ...
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....
general election
general election : an election usually held at regular intervals in which candidates are elected in all or most constituencies of a nation or state ...
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