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Showing contexts for: define election in Nardev vs Joti Saroop And Ors. on 5 March, 1963Matching Fragments
7. Now, the Act is divided in several parts, of which Part VI provides for disputes regarding elections. This Part begins with Section 79 and ends with Section 122. Section 80 lays down that 'no election shall be called In question except by an election petition presented in accordance with the provisions of this Part.' The word 'election' is defined in Section 2(1)(d) to mean, unless the context otherwise requires, 'election to fill a seat or seats in either House of Parliament or in the House or either House of the legislature of a State ......' Hence reading the aforesaid provisions together, it Is clear that whenever an election to a seat or seats, as stated in Section 2(1)(d) is sought to be questioned it can only be done by presenting an election petition in accordance with the provisions of Part VI. Section 81 then goes on to lay down the grounds on which, and the persons by whom, an election petition can be filed, and the authority to whom, and the period within which, the election petition must be presented. So far as the persons who are entitled to present an election petition calling in question any election are concerned, the section says that it can be presented by 'any candidate at such election or any elector.' Thereafter follows an Explanation to the effect that the word 'elector' used in that section meant 'a person who was entitled to vote at the election to which the election petition related whether he had voted at such election or not.' The use of the qualifying expressions at such election' in connection with a 'candidate', and 'entitled to vote at the election to which the election petition related' in connection with an elector, clearly snow that it is not every candidate or elector who can file an election petition calling in question an election to fill a particular seat, but only those who answered to the description contained in that section. Section 81, therefore, unmistakably goes to show that the intention of Parliament clearly was to confine the presentation of election petitions to only the candidates and electors of the constituency to which the petition related. In other words, In the matter of election petitions Parliament made a clear distinction between the candidates and electors of the different constituencies.