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Tuesday, August 14, 2012

Election Law Notes- Definitions


Definitions:
1.      Any Candidate- Section 123(4), 1951 Act- It refers to all those who intend to contest the election.
2.      Calculated- Same Section- It is regarding the person who is going to contest. How far the policies of the candidate are sound enough in the democratic setup.
3.      Any other candidate, Contesting Candidates, Returned Candidate, Candidate- Section 82.
4.      Any other person- Section 100(1)(b)- Grounds for declaring election to be void. Any other person would include Election Officers and other persons who are involved in conduction of election affairs.
5.      Certified Copy- Section 33(5)- Case where candidate is an elector of different constituency.
6.      Conclusion of Trial- Decision of Election Petition by the High Court- Section 98
7.      Petitioner or any other candidate- Section 98- All the candidates excluding the Petitioner and the Winning Candidate
8.      Date of Election- Section 67A- The date on which returning officer declares the person to be elected.
9.      Article 6- Migrated- Citizens who have migrated from Pakistan to India.
10.  Booth Capturing- Section 135A- Types of Booth Capturing mentioned in the section 135A.
11.  Fixing Time for Poll- Section 56- Polling Time for electors shall not be less than 8 hours in a day.
12.  Full particulars- Section 83(1) (b) - All the details regarding the corrupt practice that has taken place.
13.  Present and Voting- Article 169(1) - For Legislative Councils for the purposes of passing resolutions.
14.  Procure and Obtain- Section 123(7) - Procuring and obtaining of any favour which furthers the prospects of the election candidate from government officers.
15.  Result of the Election- Section 100(1)(d)- Result of the returning candidate
16.  True Copy- Section 81(3)- Exact same copy and self-attested
17.  Appropriate Government- Section 9A- Disqualification on the grounds of contract with the appropriate government.
Section 116A- Appeals to Supreme Court
Section 98- Decision of the High Court- High Court has wide powers in this regard.
Section 99- Orders that are given by High Court must have some reasoning. 

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