Elector - Law Dictionary Search Results
Home Dictionary Name: elector Page: 4Electorate
The territory jurisdiction or dignity of an elector as in the old German empire...
Electorality
The territory or dignity of an elector electorate...
Returning Officer
Returning Officer, the official who conducts an election. The Representation of the People Act, 1918, s. 28, provides that in parliamentary elections the sheriff shall be the returning officer in counties, and in parliamentary boroughs which have a sheriff and in other boroughs the mayor, or in some cases the chairman of the council. As to returning officers at university elections, see Sch. V., Part I., s. 1. As to county council, municipal, parish council, rural district, and urban district elections, see the same Act as amended by the (English) R.P. Act, 1922, and (English) Local Government Act, 1933.The same Acts provide that the duties of the return-ing officer are to be discharged by the registration officer (see REGISTRATION OF ELECTORS). In parliamentary elections the returning officer, if registered, is to have the casting vote but no other vote, by the Parliamentary Elections (Returning Officers Act, 1875 (38 & 39 Vict. c. 84)...
Improper acceptance
Improper acceptance, It would have been an im-proper acceptance, if the want of qualification was apparent on the electoral roll itself or on the face of the nomination paper and the Returning Officer overlooked that defect or if any objection was raised and enquiry made as to the absence of qualification in the candidate and the Returning Officer came to a wrong conclusion on the material placed before him, Durga Shanker Mehta v. Raghuraj Singh, AIR 1954 SC 520 (524): (1955) 1 SCR 267. [Representation of the People Act, 1951, s. 100(1) (c)]...
Lodger-franchise
Lodger-franchise. This was first conferred upon the occupiers of lodgings in boroughs of 10l. yearly value, if let unfurnished, by the (English) Representation of the People Act, 1867, and was afterwards extended to the occupiers of lodgings in counties by the (English) Representation of the People Act, 1884. Lodger-franchise was abolished by the (English) Representation of the People Act, 1918. See ELECTORAL FRANCHISE....
Hold elections
Hold elections, 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. [Gujarat Panchyats Act (6 of 1962), s. 303A]...
Parish Council
Parish Council. Established by the Local Govern-ment Act, 1894, s. 1 (see now Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 43-55), for every rural parish i.e., (every parish in a rural sanitary district) having a population of 300 or upwards, the county council having also power to group parishes under a common parish council, and being bound to establish a parish council if the parish meeting of a parish having a population of 100 or upwards so resolve, and having power to establish one with the consent of the parish meeting if the population be less than 100.The parish council is elected from among the parochial electors, or persons who have resided for twelve months in the parish or within three miles of it. The number of councillors is fixed by each county council within the limits of five and fifteen members. The term of office, which was by the Act of 1894 one year, was altered to three years by the Parish Councillors (Tenure of Office) Act, 1899, by which the councill...
Referendum
Referendum, a note addressed by an ambassador to his own government touching a proposition as to which he is without power and instructions.Also, a mode, obtaining in Switzerland, and, under the Borough Funds Act, 1872 (English) (35 & 36 Vict. c. 91), s. 4 [now repealed by the (English) Local Government Act, 1933], and replaced by s. 255 and the 9th Sch., ibid, in England, of appealing from an elected body to the whole body of electors....
Register
Register [fr. giter, Fr., to lodge], a public books serving to enter and record memoirs, Acts, and minutes, to be had recourse to for the establishing matters of fact; as the register of companies under the (English) Companies Act, 1929; of bills of sale under the (English) Bills of Sale Acts, 1878 and 1882; and (English) Administration of Justice Act, 1925, s. 23; of births, deaths, and marriages, and of baptisms; and of parliamentary, municipal, county, district, and parochial electors.Means the register of patents referred to in s. 67. [The Patents Act, 1970, s. 2(x)]...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
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