Search Results Page
Search Results
1 - 10 of 10 (0.37 seconds)Section 83 in The Representation of the People Act, 1951 [Entire Act]
Section 101 in The Representation of the People Act, 1951 [Entire Act]
Section 81 in The Representation of the People Act, 1951 [Entire Act]
The Representation of the People Act, 1951
Section 9A in The Representation of the People Act, 1951 [Entire Act]
The Representation Of The People Act, 1950
Section 86 in The Representation of the People Act, 1951 [Entire Act]
Section 116A in The Representation of the People Act, 1951 [Entire Act]
Samant N. Balakrishna Etc vs George Fernandez And Ors. Etc on 12 February, 1969
"The heads of substantive rights in s. 100(1)
are laid down in two separate parts : the
first dealing with situations in which the
election must be declared void on proof of
certain facts, and the second in which the
election can only be declared void :if the
result of the election, in so far as it
concerns the returned candidate, can be held
to be materially affected on proof of some
other facts in the first part they are that
the candidate lacked the necessary
qualification or had incurred
disqualification. These are grounds on proof
of which by evidence, the election can be set
aside without any further evidence. The
second part is conditional that the result of
the election, in so far as it concerns a
returned candidate, was materially affected by
the improper acceptance of a nomination. This
condition has to be established by some
evidence direct or circumstantial. It is,
therefore, clear that the substantive rights
to make an election petition are defined in
these sections and the exercise of the right
to petition is limited to the grounds
specifically mentioned.
1