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V.M.Singh S/O Mander Singh vs Feroze Varun Gandhi on 14 September, 2011

23. Before entering into merits of the aforesaid submissions of the learned counsel for the parties, it seems to be just and expedient to see as to how the present definition of the term "candidate" was brought on the statute book. After the judgment of this Court in the case of Raj Narain vs. Indira Nehru Gandhi (rendered by Hon'ble Jagmohan Lal Sinha,J.), the Parliament made exhaustive amendment in the Representation of People Act by The Election Laws (Amendment) Act, 1975 (Act No. 40 of 1975), (hereinafter referred to as 'the Amending Act') and amended the definition of the term "candidate" with retrospective effect. Before the amendment, the term "candidate" had wider import, and according to that, a person used to be considered as a "candidate" even prior to his filing the nomination. The pre amended definition of the term "candidate" as defined in section 79 (b) of the Act, was as follows:
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