courts. The whole subject of election has been left to courts
traditionally under the Common Law and election disputes and matters are
governed ... British House of Commons. In the case of election
disputes Parliament has defined the procedure by law. It can at any time
change that procedure
question any one aspect or stage of the
election. The expression `except by an election petition' in the article
does not point ... People Act, 1951 . Section 2(i)(d) of the Act defines
election as "an election to fill a seat or seats in inter alia
election in that constituency
or in the parliamentary constituency within which that constituency is
comprised and before the copmletion of that election ... connection with such elections.
Section 2(d) defines 'election' in the following terms :
"2(d) "election" means an election
House of the People; whereas s. 2(d) of the
Act defines "election-" to mean an election to fill a seat
or seats ... seat' and the election is to fill a-seat.
Coming to the 1951 Act, election is defined in s. 2(d) to
mean
section 2(1) of the Act define the
words 'election' and 'elector' respectively. 'Election'
means an election to fill ... Rule 2
of the
953
Conduct of Elections Rules, 1961 defines "election by
assembly members" as an election to the Council of States
State Government, in
consultation with the State Election Commission;
and
(ii) if such question arises after the election
process is over, by the Deputy Commissioner ... officers and staff of panchayats. Clause (f)
of Section 159 defines "election" to mean an election to fill an office under
the provisions
ordinary meaning given to
the said expression. Collins English Dictionary defines
'election' as under:
"The selection by vote of a person ... only means the election as
provided under the Rules by way of ballot. The expression
'election' as defined under the Rules
required. He further
pointed out that though the power of Election Commission under Article 324
of the Constitution is wide enough, but still the same ... submitted that since Section 2(d) of the RP Act specifically defines
“election” to mean an election to fill a seat, it cannot be construed
limitation for filing an
election petition. It, however, provided that an election
petition calling in question any election could be
presented 'in such form ... election petition ought to be filed within forty-five
days from such date.
It was urged that the expression "election" has been
defined
limitation for filing an
election petition. It, however, provided that an election
petition calling in question any election could be
presented 'in such form ... election petition ought to be filed within forty-five
days from such date.
It was urged that the expression "election" has been
defined
