were four Scheduled Caste candidates and four non-Scheduled Caste candidates The four non-Scheduled Caste candidates were declared elected unopposed without any election ... were seven non-Scheduled Caste candidates and two Scheduled Caste candidates The Returning Officer declared one Scheduled Caste candidate elected, who secured higher votes amongst
other candidate has been duly elected.
101. Grounds for which a candidate other than the
returned candidate may be declared to have been
elected ... elected candidate is
subsequently found to be disqualified, whether the candidate who has
secured more votes than remaining candidates should be declared as
elected
candidate is equal
to, or greater than the quota, or there
is only one continuing candidate, that
candidate is declared elected."
Illustration appended ... quota and
(ii) When there is only one continuing candidate
that candidate is declared elected.
It is not conjunctive but disjunctive. A continuing
candidate
declared void, and Section 101 sets out the grounds on which a candidate other than the returned candidate may be declared to have been elected ... declare that the votes cast for the successful candidate had been thrown away. The petitioner (defeated candidate) was accordingly declared duly elected.
11. The cases
Surjit Kaur, and Nikki was declared elected against the
seat reserved for Woman whereas Asha Rani was declared elected from the
general category, though ... secured more votes has been declared defeated and a
candidate who has secured less votes has been declared elected in general
category.
Similarly
candidate within a period of forty-five days from the date
of election of the returned candidate. Since the returned
candidates were declared elected ... election of returned candidate. The
counsel also concedes that in all the three cases, the
returned candidates were declared elected (un-contested)
on April
that where there are only two candidates for a seat and the election of the candidate declared elected is set aside on the ground that ... votes secured by such candidate be regarded as 'thrown away' and in consequence the next candidate be declared elected? In that context
declared the election of the petitioner on post of
President void and further declared respondent No.1/election
petitioner to be elected candidate ... impugned order declaring the election of
the petitioner to be void and declaring respondent No.1 to be
elected candidate for the remaining period
Similarly the grounds on which a candidate other than a
returned candidate may be declared as elected, are provided in Rule 137. Rules ... candidate to be void."
"137. Grounds on which a candidate other than the returned candidate may be
declared to have been elected
candidate within a period of forty-five days from the date
of election of the returned candidate. Since the returned
candidates were declared elected ... election of returned candidate. The
counsel also concedes that in all the three cases, the
returned candidates were declared elected (un-contested)
on April
