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
defined as a person, who engages in the act of voting and has the qualifications necessary for voting.
The Law Lexicon defines 'Election
election of the returned candidate or if there are more than one returned candidate at the election and dates of their election are different ... election to which the election petition relates, whether he has voted at such election or not.
1 (......)
2[(3) Every election petition shall be accompanied
District Judge is of opinion-
(a) that on the date of his election a returned candidate was not
qualified or was disqualified, to be chosen ... nomination paper has been improperly rejected, or
that the result of the election insofar as it concerns a returned
candidate has been materially affected
action have been pleaded
in the subject election petition necessitating a trial; and, third,
whether the election petition as filed deserved to be rejected ... been defined and its meaning is a
contextual one in a given election petition.
(ii) Material facts or facta probanda are those basic,
elementary
other candidates, though alleged to be artificial,
inconsistent with the spirit of election law, discriminatory, giving
important and special treatment to party system in democracy ... candidates. Learned counsel urged that paragraph 2(h) of the Election
Symbols Order, 1968, defines “political party” to be an association of a
body
that the process of Wardbandi, reservation rotation
and other pre-election activities are defined under the Act for which
powers have been given to different ... under Section 209 of the Act by which the Punjab State
Election Commission was requested to hold the General Election of all
three Panchayati
Shri Mayanglambam Rameshwar Singh vs Shri Yengkhom Surchandra Singh on 5 November, 2020
Equivalent citations
defection' is not defined in the Act under Sub-section (vi) of Section-2 , 'Political Party' is defined as under ... though the converse is not necessarily true. A general election nowadays is in effect the election of a prime minister, the leader of a political
would amount to undue influence constituting corrupt
practice as defined under the Act and the election of the Returned
candidate can be declared null
