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Returned candidate and contesting candidate

Matched in: Term Returned candidate and contesting candidate

Returned candidate

Matched in: Term Returned candidate

Contesting candidate and returned candidate

Matched in: Term Contesting candidate and returned candidate

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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 returnedcandidate 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

Election

from the Presidential notification calling upon the electorate to elect and culminating in the final declaration of the returned candidate, Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405: AIR 1978 SC 851: (1978) 2 SCR

The result of the election has been materially affected

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 … 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.

Material facts and material particulars

intended to meet a further and quite separate requirement of pleading imposed in fairness and justice to the returned candidate. Their function is to fill in the picture of the election petitioner's cause of action with information sufficiently … fill in the picture of the election petitioner's cause of action with information sufficiently detailed to put the returned candidate on his guard as to the case he has to meet and to enable him to prepare for

Valid votes

things are clear, first that the candidates are validly nominated candidates whose nomination papers are accepted by the returning officer scrutiny, and second that the provision of s. 58 provides that the ballot papers which are not … provisions of s. 36(8) of the Act read with rule 58, two things are clear, first that the candidates are validly nominated candidates whose nomination papers are accepted by the returning officer scrutiny, and second that the

Improper acceptance

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 … 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

return

called also tax return 6 : the profit from labor, investment, or business : yield 7 : something returned ;specif : a paper (as a check or draft) calling for payment that is returned by a bank … 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, and qualifications of its own members "U.S. Constitution

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