Returned Candidate - Law Dictionary Search Results
Home Dictionary Name: returned candidateContesting candidate and returned candidate
Contesting candidate and returned candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37. In clause (a) of s. 82 the words 'he himself or any other candidate', 'any other candidate' there means any other contesting candidate, Har Swarup v. Brij Bhushan Swarup, AIR 1967 SC 836 (838): (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a)]...
Returned candidate and contesting candidate
Returned candidate and contesting candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37, Har Swarup v. Brij Bhusan Saran, AIR 1967 SC 836: (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a), 37)]...
Returned candidate
Returned candidate, means a candidate whose name has been published under section 67 as duly elected. [Representation of the People Act, 1951 (43 of 1951), s. 79(f)]...
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...
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...
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)]...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
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,...
Candidate
Candidate [fr. Candidatus, Lat., clothed in white], a competitor, one who solicits or proposes himself for a place or office. The name is derived from the toga candida in which competitors at Rome were habited. In the (English) Corrupt Practices Acts the expression has a specially extensive meaning. Corrupt and Illegal practices (English) Prevention Act, 1883, s. 63, by which, with a saving for a person nominated without his consent-In the Corrupt Practices Prevention Acts, as amended by this Act, the expression 'candidate at an election' and the expression 'candidate' respectively mean, unless the context otherwise requires, any person, elected to serve in Parliament at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate on or after the day of the issue of the writ for such election, or after the dissolution or vacancy in consequence of which such writ has been issued.Making certain false statements a...
To stand or not to stand as a candidate
To stand or not to stand as a candidate, a person who has been or claims to have been duly nominated as a candidate as any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. The first part of the definition requires that in order to be a candidate a person should have been duly nominated as a candidate. But it may sometimes happen that though a person claims to have been duly nominated, the validity of his nomination is in dispute: such a person would also be a candidate within the meaning of the definition. The basic postulate of the first part of the definition is that a person should be duly nominated and it is only then that he becomes a candidate at an election. The second part of the definition does not extend the meaning of the word 'candidate' but merely says from what point of time a person, who has been duly nominated as a candidate, shall be deeme...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial