candidate
7
the value of ballot papers credited to a
candidate is equal to, or greater than the
quota, that candidate shall be declared
elected ... papers of all the other continuing
candidates together with any surplus not
transferred, that candidate shall be declared
elected.
(3) When
court shall, after declaring the election of the returned
candidate to be void, declare the petitioner or such other
candidate, as the case ... Grounds for which a candidate other than the
returned candidate may be declared to have been elected,
- (1) If any person who has lodged
elections were held on 7th May, 2014, and results
were declared on 16th May, 2014. Respondent No.1 was
4
declared as the elected candidate ... appellant secured second
highest votes and respondent No.1 was declared elected candidate.
The tally of votes secured by the 8 candidates who contested
office after 3.00 p.m. thereafter, he declared respondent to be the elected
candidate at around 06.00 p.m. of 26.03.2014.
29.1. In his cross ... candidates in the electoral fray, namely
candidates A and B, and if candidate A withdraws his candidates A and B,
and if candidate A withdraws
votes
amongst the unsuccessful candidates. Thus, the vacancy is caused only
after the election of the elected candidate is declared invalid. The
election ... vacancy has a different
character. The elected candidate is eliminated from the list of elected
candidates. Once there is elimination, the person who secured
office after 3.00 p.m. thereafter, he declared
respondent to be the elected candidate at around 06.00
p.m. of 26.03.2014.
29.1. In his cross ... candidates in the
electoral fray, namely candidates A and B, and if candidate
A withdraws his candidates A and B, and if candidate A
withdraws
That apart, emphasis
was laid on the fact that the elected candidate had not declared the
particulars regarding the criminal cases pending against ... deals with grounds for declaring
elections to be void. Section 259(1) is as follows:
"259. Grounds for declaring elections to be void
results of election were declared on 28 January 2016. The appellant was declared
Signature Not Verified
to be the elected candidate. On 10 February ... exist between any candidate and the addition of one
vote will entitle any of the candidate to be declared elected,
one additional vote shall
been declared defeated in an illegal manner and the respondent No. 1 who should not have been declared elected has been declared so. The valid ... invalid votes. On legal grounds the petitioner should be declared as elected candidate.
8. On a perusal of the aforesaid paragraph it is quite clear
That apart, emphasis was laid on the fact that the
elected candidate had not declared the particulars regarding
the criminal cases pending against ... deals with grounds for
declaring elections to be void. Section 259(1) is as follows:
“259. Grounds for declaring elections to be
void.- (1) Subject
