Protem Speaker shall be solely appointed for the aforesaid agenda immediately. All the elected members shall take oath on 27.11.2019, which exercise should be completed before 5:00 p.m. Immediately thereafter, the Protem Speaker shall conduct the floor test in order to ascertain whether the Respondent No. 3 has the majority, and these proceedings shall be conducted in accordance with law. The floor test will not be conducted by secret ballot. The proceedings have to be live telecast, and appropriate arrangements are to be made to ensure the same.
Appreciation of evidence and burden of proof in election cases-In our country, election is a fairly costly and expensive venture and the Representation of People Act has provided sufficient safeguards to make the elections fair and free. In these circumstances, therefore, election results cannot be lightly brushed aside in election disputes.
1. Assistant Electoral Registration Officer: The Election Commission may appoint one or more persons as Assistant Electoral Registration Officers to assist an Electoral Registration Officer to prepare the electoral roll of the Constituency under his charge. Every Assistant Electoral Registration Officer shall, subject to the control of Electoral Registration Officer, be competent to perform all or any of the functions of Electoral Registration Officer. 2. […]
the Constitution Bench in Ram Sewak Yadav Vs. Hussain Kamil Kidwai and Others, , an Election Tribunal has undoubtedly the power to direct discovery and inspection of documents within the narrow limits of Order XI of Code of Civil Procedure. Inspection of documents under Rule 15 of Order XI of CPC may be ordered of documents which are referred to […]
The law in England is that even ‘if the petitioner claims the seat or office, but the respondent does not oppose the petition, the petition ought to proceed to trial as the rights of the constituency or electoral area are concerned’. KARNATAKA HIGH COURT SINGLE BENCH ( Before : M.B. Vishwanath, J ) GULABI POOJARTHI — Appellant Vs. SHOBHA — […]
Date: 21.08.2018 The Supreme Court said the option of none of the above cannot be permitted in Rajya Sabha elections. Held : NOTA may serve as an elixir in direct elections but in respect of the election to the Council of States which is a different one as discussed above, it would not only undermine the purity of democracy but also serve the […]
The growth of ‘Bicameralism’ in parliamentary forms of government has been functionally associated with the need for effective federal structures. This nexus between the role of ‘Second Chambers’ or Upper Houses of Parliament and better co-ordination between the Central government and those of the constituent units, was perhaps first laid down in definite terms with the Constitution of the United […]
The key question is whether residence was ever treated as a constitutional requirement under Article 80(4). In re: Special Reference No. 1 of 2002 [(2002) 8 SCC 237], it was observed that: “One of the known methods to discern the intention behind enacting a provision of the Constitution and also to interpret the same is to look into the historical […]
Supreme Court of India in Kuldip Nayar vs Union Of India & Ors decided on 22 August, 2006 held : The composition of Parliament India’s Parliament is bicameral. The two Houses along with the President constitute Parliament [Article 79]. The Houses differ from each other in many respects. They are constituted on different principles, and, from a functional point of […]
Freedom of voting as distinct from right to vote is thus a species of freedom of expression and therefore carries with it the auxiliary and complementary rights such as right to secure information about the candidate which are conducive to the freedom