Result Of The Election - Law Dictionary Search Results
Result of the election
Result of the election, the expression 'the result of the election' in s. 100(1)(c), unless there is some-thing in the context compelling a different inter-pretation, be construed in the same sense as in s. 66, and there it clearly means the result on the basis of the valid votes, Hari Vishnu Kamath v. Ahmad Ishacaue, AIR 1955 SC 233 (248): (1955) 1 SCR 1104. [Representation of the People Act (43 of 1951), s. 100(1)(c)]...
The result of the election has been materially affected
The result of the election has been materially affected, these words seems to us to indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes would have been distributed in such a manner between the contesting candidates as would have brought about the defeat of the returned candidate, Vashisht Narain Sharma v. Dev Chandra, AIR 1954 SC 513 (515). [Representation of the people Act, 1951, s. 100(1)(c)]...
Materially affected
Materially affected, What s. 100 requires is that the High Court before it declares the election of a returned candidate is void should be of opinion that the result of the election insofar as it concerns a returned candidate has been materially affected by the improper acceptance of any nomination. It is not intended to provide a convenient technical plea in a case like this where there can be no dispute at all about the election being materially affected by the accepted of the improper nomination. 'Materially affected' is not a formula that has got to be specified but it is an essential requirement that is contemplated in this section, Durai Muthuswami v. N. Nachiappan, AIR 1973 SC 1419: (1973) 2 SCC 45: (1974) 1 SCR 40.These words indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes would have been distributed in such a manner between the contesting...
Temporal termini
Temporal termini, 'Is Art. 329(b) a blanket ban on all manner of question which may have impact on ultimate result of the election, arising between two temporal termini viz:-The notification by president calling for the election and the declaration of result by the returning officer?' [Mohinder Singh v. Election Commissioner, AIR 1978 SC 851 (861), para 17]. (Justice V.R. Krishna Iyer)...
return
return 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…to the proper clerk within sixty days "J. H. Friedenthal et al."] [the grand jury ed six indictments] [ed a verdict of not guilty] 2 : to bring in or produce (as earnings or profit) : yield re·turn·able adj n 1 a : the delivery of a court order (as a writ) to the proper officer or court b : proof of service 2 : return day 3 : an account or formal report (as of an action performed or duty discharged or of facts and statistics) [census s] ;esp : a set of tabulated statistics prepared for general information usually used in pl. 4 a : a report of the results of balloting [election s] b : an official declaration of the election of a candidate [each house shall be the judge of the elections, s,...
Joining together
Joining together, the expression 'joining together' in paragraph 16(1) is apparently used in its broad meaning. According to the Webster's New World Dictionary, 1962 Edn. Page 789 the word 'join' has these meanings. '(1) to place together, bring to-gether, connect, pass on, combine; (2) to make into one, unite; (3) to become a part or a member of; enter into association with; (4) to go to and combine with; (5) to enter into the company of' a company; (6) to go and take one's proper place in.' The word has evidently got several meanings. When it is used in the sense of 'combine', it may imply mingling together of things, often with a loss of distinction of elements that completely merge with one another, Ramashankar Kaushik v. Election Commission of India, AIR 1974 SC 445: (1974) 1 SCC 271. [Election Symbols (Reservations and Allot-ment Order, 1968, Para. 16(1)]There is nothing in the context to restrict its meaning to a case of merger of two or more political parties and their resultan...
gerrymander
gerrymander [Elbridge Gerry (1744-1814) + salamander; from the shape of an election district formed during Gerry's governorship of Massachusetts] 1 : the act or method of gerrymandering 2 : a district or pattern of districts varying greatly in size or population as a result of gerrymandering vt -dered -der·ing 1 : to divide (a territorial unit) into election districts to give one political party an electoral majority in a large number of districts while concentrating the voting strength of the opposition in as few districts as possible 2 : to divide (an area) into political units to give special advantages to one group [ a school district] ...
represent
represent 1 : to substitute in some capacity for : act the part of, in place of, or for (as another person) usually by legal right: as a : to serve esp. in a legislative body by delegated authority usually resulting from an election b : to provide legal representation to as a lawyer c : to act as the representative of in a class action 2 a : to describe as having a specified character or quality b : to give one's impression and judgment of : state in a manner intended to affect action or judgment ...
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...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
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