Returning Officer - Law Dictionary Search Results
Home Dictionary Name: returning officerReturning 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)...
Panchayat Returning Officer
Panchayat Returning Officer, means an officer appointed as such by the State Election Commissioner under sub-s. (1) of s. 6 of the West Bengal State Election Commission Act, 1994 and includes an Assistant Panchayat Returning Officer. [West Bengal Panchayat Election Act, 2003, s. 2(18)]...
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
War Office
War Office, the address and offices of the Secretary of State for War and Army Council.A child under guardianship. A ward of Court is an infant under the protection of the High Court. An infant is constituted a ward of Court by an action relating to his estate; by an order made on an application for the appointment of a guardian; or by a payment into Court under the Trustee Act, 1925, s. 63; or inan administration action, to which he is party, see Brown v. Collins, (1884) 25 Ch D 56. The control of the Court ceases when the infant comes of age, Bolton v. Bolton, (1891) 3 Ch 270; see Seton on Judgments; Dan. Ch. Pr.; Simpson on Infants. See INFANT.Also, an electoral subdivision of a borough for the purposes of the local government elections [(English) Local Government Act, 1933, ss. 24 to 30]. In boroughs divided by wards, an alderman or, in some cases, a councillor, not the mayor, is returning officer (s. 28). As to district councils, see ss. 36 and 37. Parishes may be divided into war...
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...
Challenge
Challenge [fr. Challenger, O. F., to accuse of], an exception taken either against things or jurors.In civil actions, when a full jury appear, either party may challenge them for cause, as well the talesmen as the jurors originally returned. Challenges are of two kinds: (1) to the array; (2) to the polls; and each of these is again subdivided into principal challenges, and challenges to the favour.(1) A challenge to the array is an exception to all the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that an action of battery is pending at the suit of the plaintiff or defendant against the sheriff, or at the sui...
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,...
His return of income
His return of income, the expression 'his return of income' occurring in Rule 5 of the U.P. Agricultural Income Tax Rules, 1949 would apply to any of the returns contemplated under s. 15 of the U.P. Agricultural Income Tax Act, 1948, namely, (1) a return filed in pursuance of the general notice issued and published by the Collector under s. 15(1), (2) a return filed by the Principal Officer of a Company under s. 15(2) read with Rule 21, (3) a return filed in pursuance of individual notice served upon an assesses by the Assessing Authority under s. 15(3), and (4) a return or a revised return filed by an assesses under s. 15(4), provided that in the first three cases the return is filed within the time specified in the notice or the rule or within the extended time granted by the Assessing Authority and in the last case the revised return is filed on account of discovery of a wrong statement in the previous return and is filed before the assessment is complete, Delhi Cloth & General Mill...
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)]...
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...
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