Advocatetanmoy Law Library

Legal Database

Title 1. General Provisions
Title 2. The Congress
Title 3. The President
Title 4. Flag and Seal, Seat of Government, and the States
Title 5. Government Organization and Employees
Title 6. Domestic Security
Title 7. Agriculture
Title 8. Aliens and Nationality
Title 9. Arbitration
Title 10. Armed Forces
Title 11. Bankruptcy
Title 12. Banks and Banking
Title 13. Census
Title 14. Coast Guard
Title 15. Commerce and Trade
Title 16. Conservation
Title 17. Copyrights
Title 18. Crimes and Criminal Procedure
Title 19. Customs Duties
Title 20. Education
Title 21. Food and Drugs
Title 22. Foreign Relations and Intercourse
Title 23. Highways
Title 24. Hospitals and Asylums
Title 25. Indians
Title 26. Internal Revenue Code
Title 27. Intoxicating Liquors
Title 28. Judiciary and Judicial Procedure
Title 29. Labor
Title 30. Mineral Lands and Mining
Title 31. Money and Finance
Title 32. National Guard
Title 33. Navigation and Navigable Waters
Title 35. Patents
Title 36. Patriotic and National Observances, Ceremonies, and Organizations
Title 37. Pay and Allowances of the Uniformed Services
Title 38. Veterans' Benefits
Title 39. Postal Service
Title 40. Public Buildings, Property, and Works
Title 41. Public Contracts
Title 42. The Public Health and Welfare
Title 43. Public Lands
Title 44. Public Printing and Documents
Title 45. Railroads
Title 46. Shipping
Title 47. Telecommunications
Title 48. Territories and Insular Possessions
Title 49. Transportation
Title 50. War and National Defense
Title 51. National and Commercial Space Programs
Title 52. Voting and Elections
Title 54. National Park Service and Related Programs

Judicial Dictionary

Candidate Election

1 min read

Section 79 (b) of Representation of the People Act, 1951 defines a ‘candidate’ as meaning

“a person who has been or claims to have been nominated as a candidate at any election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate.”

Unless, therefore, a case falls within the latter half of the definition a person becomes a ‘candidate’ under the first part of the definition only when he has been duly nominated as a ‘candidate’ and the furtherance of the prospects of a ‘candidate’s’ election must, therefore, in such a case commence from after that stage. Although evidence was adduced on both sides, there has been no finding so far on questions of fact which may or may not bring the case within the second part of the definition.

In the absence of such a finding, the case must be regarded, for the purpose of the preliminary issue, as governed by the first part of the definition and as such the proposing and seconding by a Government servant cannot be regarded as “assistance for the furtherance of the prospects of the ‘candidate’s’ election.” In this view of the matter also, the judgment of the Election Tribunal cannot be sustained.

Ref: AIR 1954 SC 202 : (1954) SCR 913

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Tags: Election Dispute