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
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
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
declared void, and s. 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
candidate the value of
ballot papers credited to a candidate is equal to, or great-
er than the quota, that candidate shall be declared elected ... other
continuing candidates together with any sur-
plus not transferred, that candidate shall be
declared elected.
(3 ) When at the end of any count only
candidate seek to challenge the prayer in the
election petition that the election petitioner or some other
candidate be declared to be the duly elected ... person who obtained
four votes
1104
less than other next candidate should be declared elected
in preference to the others and allowed to represent
candidate 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
entire process of election
culminating
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in a candidate being declared elected and doubts and
disputes arising out of and in connection with such ... result of the entire election is declared, that is to say,
after a candidate is declared to be elected to the office of
President
