1. The document provides information on the process of nomination of candidates for elections in India. It details the requirements for filing valid nominations, including public notices, proposers, documents required, and timelines.
2. Key aspects covered include the public notice issued by the Returning Officer specifying details of the election, last dates for filing nominations, scrutiny, withdrawal etc. Nominations can only be filed during the window of 11 AM to 3 PM on dates specified.
3. Requirements for valid nominations include duly filled nomination forms, security deposit, affidavits by the candidate regarding criminal cases/assets/liabilities, certified electoral roll extract if candidate belongs to a different constituency.
4. Political
Election commission model code of conductAnkit Walia
The document outlines the Model Code of Conduct enforced during elections in India. It details various general conduct rules for political parties and candidates, including prohibiting actions that cause religious or caste tensions, unverified allegations, and criticizing opponents' private lives. It also describes rules regarding meetings, processions, polling day activities, and the role of observers. Political parties in power cannot use official resources for campaigning. Social media and internet are also subject to the Model Code of Conduct.
- The Anti-Defection Law was inserted into the Indian Constitution in 1985 to prevent political defections. It disqualifies members of a legislature if they change parties or vote against their party's directives.
- It aims to reduce political instability caused by frequent party switching, maintain the balance between an elected member's vote and individual choice, and curb corrupt practices like cash-for-vote. However, it is criticized for restricting freedom of speech of members and showing partiality.
- Reforms proposed include treating resignation same as defection, strengthening internal party democracy, limiting the law's scope to crucial votes, and making the Speaker's role more neutral by involving the Election Commission in defection decisions. Overall,
This document is a submission of written arguments to the Supreme Court of India regarding a writ petition. It summarizes the petitioner's arguments that various government authorities have conspired over 12 years to violate his fundamental rights and harass him through frivolous legal cases and actions like trying to cut off his gas supply. The petitioner argues that 13 respondents, including government officials and his alleged wife, should be issued notices and the harassment stopped to protect his right to life. He provides details of past legal proceedings and harassment to support his case.
Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.
The mischief rule is used to determine the intention of Parliament when enacting legislation. It looks at the problem or defect that the law was meant to address, known as the "mischief." Heydon's Case established four questions to determine the mischief: 1) what was the common law prior to the Act, 2) what issue was the common law not addressing, 3) how does the Act aim to remedy this, and 4) what was the purpose of the remedy. Later cases like Smith v Hughes and Elliott v Grey applied the mischief rule broadly to find defendants guilty in order to suppress the mischief, even when a literal reading may have found otherwise. The mischief rule aims to achieve Parliament's intent but
Recently there was a controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court. Justice Tahilramani submitted her resignation after her request for reconsideration of the transfer was rejected by the Collegium headed by the Chief Justice of India (CJI), Ranjan Gogoi, and four senior-most judges of the Supreme Court.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
Convincing" is an art of drafting deeds and documents whereby any right, title or interest in an immovable
property is transferred from one person to another. Such persons may be natural or artificial i.e. Corporate
Election commission model code of conductAnkit Walia
The document outlines the Model Code of Conduct enforced during elections in India. It details various general conduct rules for political parties and candidates, including prohibiting actions that cause religious or caste tensions, unverified allegations, and criticizing opponents' private lives. It also describes rules regarding meetings, processions, polling day activities, and the role of observers. Political parties in power cannot use official resources for campaigning. Social media and internet are also subject to the Model Code of Conduct.
- The Anti-Defection Law was inserted into the Indian Constitution in 1985 to prevent political defections. It disqualifies members of a legislature if they change parties or vote against their party's directives.
- It aims to reduce political instability caused by frequent party switching, maintain the balance between an elected member's vote and individual choice, and curb corrupt practices like cash-for-vote. However, it is criticized for restricting freedom of speech of members and showing partiality.
- Reforms proposed include treating resignation same as defection, strengthening internal party democracy, limiting the law's scope to crucial votes, and making the Speaker's role more neutral by involving the Election Commission in defection decisions. Overall,
This document is a submission of written arguments to the Supreme Court of India regarding a writ petition. It summarizes the petitioner's arguments that various government authorities have conspired over 12 years to violate his fundamental rights and harass him through frivolous legal cases and actions like trying to cut off his gas supply. The petitioner argues that 13 respondents, including government officials and his alleged wife, should be issued notices and the harassment stopped to protect his right to life. He provides details of past legal proceedings and harassment to support his case.
Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.
The mischief rule is used to determine the intention of Parliament when enacting legislation. It looks at the problem or defect that the law was meant to address, known as the "mischief." Heydon's Case established four questions to determine the mischief: 1) what was the common law prior to the Act, 2) what issue was the common law not addressing, 3) how does the Act aim to remedy this, and 4) what was the purpose of the remedy. Later cases like Smith v Hughes and Elliott v Grey applied the mischief rule broadly to find defendants guilty in order to suppress the mischief, even when a literal reading may have found otherwise. The mischief rule aims to achieve Parliament's intent but
Recently there was a controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court. Justice Tahilramani submitted her resignation after her request for reconsideration of the transfer was rejected by the Collegium headed by the Chief Justice of India (CJI), Ranjan Gogoi, and four senior-most judges of the Supreme Court.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
Convincing" is an art of drafting deeds and documents whereby any right, title or interest in an immovable
property is transferred from one person to another. Such persons may be natural or artificial i.e. Corporate
Lok Adalat is an alternative dispute resolution body in India that aims to settle disputes amicably before or during litigation, with awards having the same legal force as a court ruling. It operates at state and high court levels, composed of sitting or retired judges and legal professionals, and handles a wide range of pending and pre-litigation cases through national, permanent, and mobile versions. The first Lok Adalat was held in 1982 in Gujarat and over the years they have settled over 8 crore cases nationwide.
This document provides an overview of key aspects of the Right to Information Act in India, including definitions of information, public authority, how to file requests for information, fees, appeal processes, and penalties. It explains sections of the Act related to requesting, receiving, appealing information, and penalties for non-compliance. The document aims to help citizens understand their right to information and how to exercise that right.
The document summarizes the Montague-Chelmsford Reforms or the Government of India Act of 1919. It introduced diarchy and limited self-government in British India. Key points included setting up a central legislature with elected Indian representation, establishing provincial ministries responsible for transferred subjects like agriculture, establishing a public service commission, and introducing a limited franchise with a high property qualification. However, it had many limitations like an extremely small franchise, the governor's power to override ministers, and defects in the diarchy system.
This document provides an overview of the grounds for disqualification of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in India, with a special focus on the office of profit and anti-defection law. It discusses constitutional and statutory disqualifications under articles 102(1), 191(1), 243-F(1), 243-V(1) and various acts. Key points covered include the definition of office of profit, rationale behind the provision, relevant case laws, provisions under the anti-defection law including definition of defection, grounds for disqualification, splits and mergers exception. The document concludes by noting both positive and negative implications of the current anti-defection law in India.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
1) The document discusses the legal maxims "injuria sine damno" and "damnum sine injuria".
2) "Injuria sine damno" means a legal injury without damage, and refers to situations where a person's legal right was violated but they did not suffer any financial loss. In these cases, compensation can still be claimed.
3) "Damnum sine injuria" means damage without injury, and refers to situations where a person suffered financial loss but no legal right was violated. In these cases, no compensation can be claimed since no legal wrong occurred.
The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
offences relating to marriage(Bangladesh penal code),Criminology Department,U...md farhad meazi
The document discusses various offences relating to marriage under Indian law. It outlines the main offences covered in Chapter XX of the Indian Penal Code, including mock or invalid marriages, bigamy, adultery, and criminal elopement. It then provides more details on these offences, describing the elements that constitute each crime and the punishments prescribed. It also discusses cases related to some of these offences and criticisms of the current laws.
Proving contradictions and omissions in cross-examination is soul of criminal trial, but many are not aware about correct procedure of doing it. This presentation is made available for information of law students, lawyers, etc. purely for academic purpose.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
Legal documents must follow certain principles to be clear, concise and avoid errors.
1) Use active voice to make sentences short and fix responsibility. 2) Avoid lengthy phrases and use concrete words. 3) Limit use of "shall" and instead use "must" for obligations and "will" for future actions. 4) Remove redundancies which make the document sound unprofessional. 5) Proofread to avoid errors in grammar, spelling or punctuation. 6) Use courteous, diplomatic language without assumptions about age, gender or other attributes. 7) Always cite facts to make the writing sincere.
This document provides an overview of the Specific Relief Act of 1963 in India. Some key points:
- The Act defines and amends laws related to specific types of relief. It extends to all of India except Jammu and Kashmir.
- The Act covers recovering possession of property, specific performance of contracts, and outlines which contracts can and cannot be specifically enforced.
- It establishes that specific relief can only be granted to enforce individual civil rights, not penal laws. Specific performance of contracts depends on factors like whether compensation is adequate and whether the court can supervise performance.
- The Act specifies who can obtain specific performance, such as parties to a contract or their representatives, and limits it in some
This Presentation I am uploading just for the purpose of guiding on the subject. It might not give the reader whole explanation of the topic so it is advisable to refer other sources also in order to understand the topic. Publisher is not responsible for anything.
Basic structure of indian constituion(1)Neha Dutta
This document provides a summary of the basic structure of the Indian constitution. It discusses key topics like the need for amendments to the constitution over time, the power to amend granted to Parliament, and the different procedures to amend the constitution - including by simple majority, special majority, and special majority plus ratification by states. It also outlines certain "basic structures" of the constitution like the supremacy of the Supreme Court, secular character, that cannot be amended even by Parliament.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
This document provides information about the nomination process for elections. It discusses key aspects like:
1. The Returning Officer is responsible for issuing the public notice of election in the prescribed format. Only the RO can issue this notice and if issued by someone else, the election notification may be cancelled.
2. The public notice must specify details like the election, place for filing nominations, last date for filing, date of scrutiny etc. It must be published in the required locations and languages.
3. Nominations can only be filed within the specified dates and time by the candidate or proposer at the designated place. Various documents like nomination forms, affidavits, security deposit etc. need to be submitted for a
SP Briefing for candidates and agents - regional.pptmathewkinuthia1
This document provides information for candidates and agents regarding the Scottish Parliamentary election, including the nomination process, qualifications and disqualifications, agents, the election timetable, and public health considerations due to COVID-19. It outlines the requirements and deadlines for submitting nomination papers, consent forms, deposits, and other documents. It also discusses access to the electoral register and absentee voter lists, and encourages voter registration.
Lok Adalat is an alternative dispute resolution body in India that aims to settle disputes amicably before or during litigation, with awards having the same legal force as a court ruling. It operates at state and high court levels, composed of sitting or retired judges and legal professionals, and handles a wide range of pending and pre-litigation cases through national, permanent, and mobile versions. The first Lok Adalat was held in 1982 in Gujarat and over the years they have settled over 8 crore cases nationwide.
This document provides an overview of key aspects of the Right to Information Act in India, including definitions of information, public authority, how to file requests for information, fees, appeal processes, and penalties. It explains sections of the Act related to requesting, receiving, appealing information, and penalties for non-compliance. The document aims to help citizens understand their right to information and how to exercise that right.
The document summarizes the Montague-Chelmsford Reforms or the Government of India Act of 1919. It introduced diarchy and limited self-government in British India. Key points included setting up a central legislature with elected Indian representation, establishing provincial ministries responsible for transferred subjects like agriculture, establishing a public service commission, and introducing a limited franchise with a high property qualification. However, it had many limitations like an extremely small franchise, the governor's power to override ministers, and defects in the diarchy system.
This document provides an overview of the grounds for disqualification of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in India, with a special focus on the office of profit and anti-defection law. It discusses constitutional and statutory disqualifications under articles 102(1), 191(1), 243-F(1), 243-V(1) and various acts. Key points covered include the definition of office of profit, rationale behind the provision, relevant case laws, provisions under the anti-defection law including definition of defection, grounds for disqualification, splits and mergers exception. The document concludes by noting both positive and negative implications of the current anti-defection law in India.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
1) The document discusses the legal maxims "injuria sine damno" and "damnum sine injuria".
2) "Injuria sine damno" means a legal injury without damage, and refers to situations where a person's legal right was violated but they did not suffer any financial loss. In these cases, compensation can still be claimed.
3) "Damnum sine injuria" means damage without injury, and refers to situations where a person suffered financial loss but no legal right was violated. In these cases, no compensation can be claimed since no legal wrong occurred.
The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
offences relating to marriage(Bangladesh penal code),Criminology Department,U...md farhad meazi
The document discusses various offences relating to marriage under Indian law. It outlines the main offences covered in Chapter XX of the Indian Penal Code, including mock or invalid marriages, bigamy, adultery, and criminal elopement. It then provides more details on these offences, describing the elements that constitute each crime and the punishments prescribed. It also discusses cases related to some of these offences and criticisms of the current laws.
Proving contradictions and omissions in cross-examination is soul of criminal trial, but many are not aware about correct procedure of doing it. This presentation is made available for information of law students, lawyers, etc. purely for academic purpose.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
Legal documents must follow certain principles to be clear, concise and avoid errors.
1) Use active voice to make sentences short and fix responsibility. 2) Avoid lengthy phrases and use concrete words. 3) Limit use of "shall" and instead use "must" for obligations and "will" for future actions. 4) Remove redundancies which make the document sound unprofessional. 5) Proofread to avoid errors in grammar, spelling or punctuation. 6) Use courteous, diplomatic language without assumptions about age, gender or other attributes. 7) Always cite facts to make the writing sincere.
This document provides an overview of the Specific Relief Act of 1963 in India. Some key points:
- The Act defines and amends laws related to specific types of relief. It extends to all of India except Jammu and Kashmir.
- The Act covers recovering possession of property, specific performance of contracts, and outlines which contracts can and cannot be specifically enforced.
- It establishes that specific relief can only be granted to enforce individual civil rights, not penal laws. Specific performance of contracts depends on factors like whether compensation is adequate and whether the court can supervise performance.
- The Act specifies who can obtain specific performance, such as parties to a contract or their representatives, and limits it in some
This Presentation I am uploading just for the purpose of guiding on the subject. It might not give the reader whole explanation of the topic so it is advisable to refer other sources also in order to understand the topic. Publisher is not responsible for anything.
Basic structure of indian constituion(1)Neha Dutta
This document provides a summary of the basic structure of the Indian constitution. It discusses key topics like the need for amendments to the constitution over time, the power to amend granted to Parliament, and the different procedures to amend the constitution - including by simple majority, special majority, and special majority plus ratification by states. It also outlines certain "basic structures" of the constitution like the supremacy of the Supreme Court, secular character, that cannot be amended even by Parliament.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
This document provides information about the nomination process for elections. It discusses key aspects like:
1. The Returning Officer is responsible for issuing the public notice of election in the prescribed format. Only the RO can issue this notice and if issued by someone else, the election notification may be cancelled.
2. The public notice must specify details like the election, place for filing nominations, last date for filing, date of scrutiny etc. It must be published in the required locations and languages.
3. Nominations can only be filed within the specified dates and time by the candidate or proposer at the designated place. Various documents like nomination forms, affidavits, security deposit etc. need to be submitted for a
SP Briefing for candidates and agents - regional.pptmathewkinuthia1
This document provides information for candidates and agents regarding the Scottish Parliamentary election, including the nomination process, qualifications and disqualifications, agents, the election timetable, and public health considerations due to COVID-19. It outlines the requirements and deadlines for submitting nomination papers, consent forms, deposits, and other documents. It also discusses access to the electoral register and absentee voter lists, and encourages voter registration.
The document outlines general guidelines and regulations for the October 30, 2023 Barangay and Sangguniang Kabataan elections in the Philippines. It discusses the composition, qualifications, and duties of electoral boards and their members. It also covers voting procedures such as the rights of watchers, required forms and documents, and the process of casting and counting votes. Key points include the composition and roles of electoral boards, qualifications for their members, honoraria and benefits for election workers, and steps for voters to obtain and fill out ballots on election day.
This is a presentation from the COMELEC General Guidelines for May 13, 2013 Elections. Attributions and references are found in the last part of the presentation.
A guide for the Voters in Indian elections 2009guest649f17
This document provides a guide for voters in India, summarizing the voting process and rights/responsibilities of voters. It explains that all Indian citizens over 18 have the right to vote, which is essential for a democracy. It outlines how to check if your name is registered, how to vote using an electronic voting machine by pressing the button next to your chosen candidate, and what to do if your vote is challenged. The document also summarizes procedures for lodging complaints about the voting process.
The document provides instructions for conducting meetings to constitute three-tier Panchayat bodies in Birbhum, West Bengal according to the state's Panchayat rules. It outlines timelines for meetings at the Gram Panchayat, Panchayat Samiti, and Zilla Parishad levels between August 14th and September 14th. It describes the roles and procedures of the presiding officers for electing office bearers, constituting standing committees, and selecting heads of standing committees at each level in accordance with the state's rules.
1) Two things are mandatory for voting: being registered on the electoral roll and carrying an approved photo identity document.
2) There are various forms involved in voter registration and obtaining voter ID cards, including Form 6/8/8A for registration, Form 001A for applying for a voter ID at the time of registration, and Form 001C for existing voters to obtain a voter ID.
3) The Election Commission of India is responsible for issuing voter ID cards, and conducts photo ID drives at designated locations according to a published schedule. Citizens can check the schedule and location details through newspaper advertisements or notices sent to those on the voter list.
Poll Watcher Training slides for GeorgiaDavid Hancock
The document provides an overview of poll watching and ballot review panels in Georgia elections. It defines poll watchers as individuals who observe election procedures without disrupting voting. It outlines the process for political parties and candidates to designate poll watchers and their roles and restrictions. It also describes how ballot review panels are assembled to manually review ballots rejected by tabulators and attempt to determine voter intent, such as in cases of overvotes or write-ins. The document provides guidance on the composition and scope of authority of these panels under Georgia law.
This document provides an overview of the election process and legal solutions to election disputes in the Philippines. It discusses the following:
1) The branches of government and elective positions in the country.
2) The different levels of political subdivisions (regions, provinces, cities, municipalities, and barangays) and their elective positions.
3) The process of casting and counting votes at precincts and canvassing results through different boards up to the national level.
4) The legal process for resolving election disputes, which involves filing election protests with the appropriate electoral tribunal.
This document contains Form 6, an application for inclusion of name in the electoral roll. The 3-page form requests inclusion in the electoral roll of a specific constituency and collects details such as the applicant's name, age, sex, date and place of birth, father/husband's name, place of residence, and details of family members already in the electoral roll. It includes instructions on how to fill the form, required proofs, and a declaration of citizenship and residence.
This document provides guidelines for electoral boards, voting, and canvassing procedures for the upcoming Barangay and Sangguniang Kabataan elections. It discusses the composition and roles of electoral boards and their members. It outlines qualifications for watchers and their rights and duties. It also describes the forms, documents, and supplies needed for voting and counting, including the minutes that must be accomplished and distributed. Requests for early delivery of materials are allowed under certain conditions.
Please download this form, i.e., FORM No. 8 for making corrections in the particulars entered in the electoral roll from here.
For any elections related queries, please call us at the Toll Free Number: 1800 180 2214
Lok Sabha Elections 2014 start from the 7th of April. Voters need to be perfectly ready with their up-to-date Voter ID Cards. This Voter Form No. 8 would help you rectify the errors in your Voter Details.
_________________________
Voter: ____________________________
Assistance to Illiterates, PWDs and SCs (Sec. 68)
EXPRESS LANE FOR PWDs, SCs, PREGNANT WOMEN,
INDIGENOUS PEOPLE AND ESCORTED PDLs
The EB shall designate an express lane for the following:
- PWDs
- Senior Citizens
- Heavily Pregnant Women
- Indigenous People
- Persons Deprived of Liberty escorted by jail guards
The express lane shall be given priority in voting.
The EB shall provide necessary assistance to said voters.
The document outlines the election law and process in the Philippines. It discusses the Commission on Elections, which enforces election laws. It also covers voters and voter registration qualifications and procedures. Additionally, it outlines elective officials and candidates, including qualifications and disqualifications. The document also summarizes rules around campaigning and elections, including postponement or failure of elections. Finally, it provides details on election day procedures for casting and counting votes.
The document announces a notification for the recruitment of 53 Junior Assistant positions in the A.P. Judicial Ministerial Service in Rangareddy District. It provides details on the vacancy breakdown across various categories, educational qualifications required, age limits, application process and fee, selection procedure involving a written exam and interview, required documents for application, and general instructions. The last date for receipt of applications is March 20, 2015.
This notification announces the recruitment of 53 Junior Assistant positions in the Andhra Pradesh Judicial Ministerial Service. It provides details such as the vacancy breakdown across categories, educational qualifications required, age limits, application process, and selection procedure. Candidates must submit applications by March 20, 2015 along with the requisite documents and application fee. The selection will involve a written exam of 80 marks and an interview of 20 marks. The written exam will be held based on the Intermediate syllabus.
This document provides guidance for poll watchers on election day. It outlines their qualifications and rights, including observing voting procedures, filing protests, and obtaining certificates. It describes establishing poll watching kits with necessary forms and documents. The duties of poll watchers are divided into pre-election day, before voting starts, and during voting. Key responsibilities include observing the testing and sealing of voting machines, and monitoring for irregularities like illegal voters or voting procedures. The document also covers procedures for rejected ballots and issues with voting machines.
Similar to Nomination process as on January, 2014 (20)
The Biggest Threat to Western Civilization _ Andy Blumenthal _ The Blogs.pdfAndy (Avraham) Blumenthal
Article in The Times of Israel by Andy Blumenthal: China and Russia are commonly considered the biggest military threats to Western civilization, but I believe that is incorrect. The biggest strategic threat is a terrorist Jihadi Caliphate.
Your Go-To Press Release Newswire for Maximum Visibility and Impact.pdfPressReleasePower4
This downloadable guide explains why press releases are still important for businesses today and the challenges you might face with traditional distribution methods. Learn how [Your Website Name] offers a comprehensive solution for crafting compelling press releases, targeting the right media outlets, and maximizing visibility.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Youngest c m in India- Pema Khandu BiographyVoterMood
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
3. Nomination
• Filing of nomination starts on the date of
notification by the President/Governor under
Section 14/15 of the R.P. Act, 51.
• RO to issue public notice of election (under S.
31) in Form -1 (appended to CE Rules, 61)
• Public notice has to be under the signature of
the RO only. No other authority can issue this
public notice.
4. • Case where the election notification was
rescinded on account of improper public
Notice.
• In a bye-election to the Lok Sabha in Uttar
Pradesh, the Public Notice was issued by the
DM whereas the ADM was the RO. When this
error was noticed, the ECI cancelled the
election notification and issued a fresh
notification subsequently.
5. Public Notice- Particulars to be
specified [in Form 1]
• Specify the election.
• Mention the place at which nominations are to
be filed (normally at the headquarters of RO) .
• Specify the ARO who will receive nomination
paper in addition to RO.
In normal
circumstances, only one ARO should be so
specified.
• Mention the last date of filing nomination, date,
time and place of scrutiny, withdrawal and date
& hours of poll.
6. Public Notice-Publishing
• Public notice to be published in the morning
of the date of notification well before 11 AM
(time for commencement of nomination filing)
• Notice shall be in English and the official
language of the State.
• To be displayed on the notice board of RO,
AROs and in other prominent public offices
( O/o Panchayat Samiti, Gram Panchayat, etc.)
7. Requirements for valid nomination
[Sec. 33(1)]
• Form of nomination paper – Form 2A for Lok
Sabha and Form 2B for Leg. Assembly.
• To be presented before RO/ specified ARO
only.
• Can only be filed at the place mentioned in
the public notice.
• Can be filed only between 11 AM and 3 PM
during the period for filing as per schedule
notified by ECI u/s 30 of RP Act, 51.
8. Requirements for valid nomination
• Nomination can be filed only by candidate or
any of the proposers.
• Cannot be sent by post or filed through any
other person.
• To be filed only at the prescribed place(s).
• Nomination to be signed by the candidate and
the prescribed number of proposers.
• Can not be filed on a public holiday.
9. Proposers
• One proposer enough for candidates of a
recognized National or State Party.
• Recognized Party means one of the National
Parties or one of the recognized State Parties
of the State concerned.
• 10 proposers required for all other
candidates- even for recognized State Parties
of other States.
• Proposers should be electors of the
constituency concerned.
10. Proposers (contd..)
• Under rule 2 (2) of C.E. Rules, 1961, in case of
proposers who are illiterate persons, their
thumb Impression has to be attested by the
RO or an officer authorized by ECI.
• Therefore Thumb Impression has to be affixed
in the presence of the RO or the authorized
officer (an Administrative Officer not below
the rank of SDO has been authorized for the
purpose by ECI) .
11. Nomination…… contd.
• For reserved constituencies, candidates have to
give a declaration specifying the caste/tribe to
which he/she belongs. Such caste/tribe should
be included in the list of SC/ST in that State
[Sec.33 (2)] .
• It is desirable to obtain certificate to prove SC/ST
status.
• Certificate should be of a reasonably recent date.
12. Nomination…… contd.
• For a person dismissed from an office under
govt. of India/any State Govt., to contest
election within 5 years of dismissal, has to
submit along with nomination paper, a
certificate from ECI stating that the dismissal
was not on account of corruption or disloyalty
to State.
[S. 33(3)]
13. Certified copy of electoral roll
• The candidate may be elector of a different
constituency.
• In that case, certified extract of entries in the
relevant roll to be submitted –[S.33(5)]
• If not filed with nomination, this can be filed
by the time of scrutiny
• In that case, RO to give a notice - in the checklist in the format given in Handbook.
14. Affidavits by candidate
• Candidate is required to file affidavit in Form-26
(as revised w.e.f. 01-08-2012).
• Affidavit to be sworn before notary public/oath
commissioner/magistrate of the first class.
• Affidavit to be typed or written legibly and no
columns to be left blank.
• If not filed with nomination, affidavit can be filed
till 3 PM on last date of filing nomination.
• In that case notice to be given (as per check list).
15. Check List
Check List of documents in connection with filing of
nomination
Name of constituency : ….………………………………………..
Name of the candidate : …………………………………………
Date and time of filing nomination paper: ………………
Sl.No. of nomination paper : …………………………………
16. Sl. Documents
No
Check List Contd.. Whether filed
(write Yes/No)
[if there is any
defect/shortcomings in
the documents, the
same should be
specified]
1.
Affidavit in Form 26:a)Whether all columns are filled up
b)If not, which are blank
columns(Please specify)
c)Whether the affidavit is sworn
before the oath commissioner/first
class magistrate/ Notary Public
17. Check List Contd..
Sl.
No
Documents
Whether filed
(write Yes/No)
[if there is any
defect/shortcomings
in the documents, the
same should be
specified]
2.
3.
Certified extract of electoral roll
(when candidate is an elector of a
different constituency)
Form A and B (applicable in the case
of candidates set up by political
parties)
18. Check List Contd..
Sl.
No
4.
Documents
5.
Security deposit (whether made)
6.
Oath/affirmation (whether taken)
Copy of caste certificate from
competent authority, if the candidate
claims to belong to SC/ST)
Whether filed
(write Yes/No)
19. Check List Contd..
•
The following documents which have not been filed should be filed as indicated
below:
(a) ……………should be filed latest by……………….
(b) Above mentioned columns in the Affidavit in Form 26 have been left blank.
You must submit a fresh Affidavit with all columns dully filled up before the
commencement of scrutiny of nominations, failing which the nomination paper
will be liable to be rejected
………… should be filed latest by
(c)…………..
Received:
………………………….
(Signature of candidate)
Date & Time :
Place:
……………………………
Signature of RO/ARO
20. Check List Contd..
N.B.:
1. The Affidavit and Forms A&B have to be filed latest by 3.00 P.M. on
the last date of filing nominations.
2. The nomination paper will be rejected if a candidate fails to fill the
blanks in Form 26 even after reminder by RO by the hour fixed for
scrutiny of nomination paper
3. Oath has to be taken after filing nomination paper and before the
date fixed for scrutiny.
4. Certified extract of electoral roll can be filed upto the time of scrutiny.
5. Security deposit should be made either before filing of nomination
paper or at the time of filing of nomination paper. Therefore, there is no
question of issuing notice for making the security deposit.
21. Action on affidavits
• Copy to be displayed on notice board of RO and
also notice board of ARO if his office is in a
different place.
• If office of both RO and AROs are outside the
boundary of constituency, one set of copies of
affidavits to be displayed in a prominent public
place within constituency limits.
• Copies to be supplied free of cost to whoever
requests for it.
• Copy to be uploaded on website of CEO within 24
hours of filing.
22. Action on Affidavit…..
• If anyone files affidavit pointing out false
statements in any affidavit, that also to be
displayed on notice board.
• RO is not required to conduct enquiry into
correctness of statements in the affidavits.
23. Govt. Dues
• In the affidavit, in item (8)(ii), candidates are required
to mention govt. dues (dues to various deptts.).
• As per an order of Delhi High Court, details of dues to
deptts. for govt. accommodation, water supply,
electricity, telephones and transport, mentioned by
candidates have to be published in two newspapers.
• ECI has directed that this should be published in the
format prescribed by it in two newspapers having local
circulation, one of which should be in vernacular
newspaper. This should be done within two days of
finalization of list of contesting candidates.
24. Security Deposit
• Rs.25,000 for Lok Sabha election.
• Rs. 10,000 for Assembly election.
• Half the amount for SC/ST candidates (even in
general constituencies).
• To be made either in cash before the RO/ARO
or in RBI/ Treasury-no deposit acceptable by
cheque or Bank draft.
• Deposit to be made when filing the first set of
nomination or prior to it.
25. No. of nomination papers for one
candidate
• A maximum of four sets of nomination papers
for a candidate.
• Only one deposit is required.
• Similarly all other accompanying documentsonly one original needed.
• If more than 4 nominations are filed, the fifth
set onwards will be ignored. But, make sure
this does not happen.
26. Preliminary Examination
• Preliminary examination from technical
standpoint at the time of
receiving
nomination paper. [ S. 33(4)]
• Entries relating to electoral roll details to be
compared.
• Clerical errors in names, Sl. No. etc. can be
allowed to be corrected or even ignored.
• Defects, if any, to be pointed out to candidate.
27. Forms “A” and “B” by Pol. Parties
• Paragraph 13 of Symbols Order provide
requirements for treating a candidate as a
candidate set up by political party.
• Forms A and B to be filed latest by 3 PM on
the last day of filing nomination.
• Both Forms A and B to be submitted to RO.
• Forms A & B to be signed in ink in original.
Photocopy not acceptable. Form received
through Fax / e-mail also not acceptable.
28. Forms ‘A’ & ‘B’…..
• There is provision in Form B to cancel the notice given in
favour of a candidate by submitting a fresh Form B (by 3
PM on last date of filing nomination) mentioning the name
of the new candidate, and specifically rescinding the notice
given earlier in favour of the first candidate.
• If you receive Form B from the same party in favour of
more than one candidate, duly signed by the authorized
office-bearer, and there is no cancellation/rescinding of
Form B for any candidate, then among such candidates, the
one who filed nomination paper first shall be treated as
the candidate sponsored by that Party (para 13A of
Symbols Order).
29. Action by RO on receipt of nomination
• Enter date and time of filing nomination and put
initials thereon.
• Give running serial number to nomination
papers. If more than one set of nomination is
filed by one candidate, give serial number in the
order in which they are presented.
• Fill up Part-VI of nomination form and handover
to candidate/proposer as acknowledgement.
• Also give a notice of time, date and venue of
allotment of symbol.
30. Action by RO…..
• Fill up check list and handover copy to
candidate/proposer filing nomination.
• For documents not filed and/or found defective
in any manner, specific mention should be made
in the second part of checklist as notice to
candidate for filing the same within prescribed
time limit.
• Obtain specimen signature of candidate. Also ask
the candidate to write down his name in the
language in which ballot paper is to be printed.
31. Other documents to be handed over
to candidates
• Handover the Register prescribed for
maintaining day-to-day account of election
expenses, alongwith all other connected
documents.
• Obtain an acknowledgment from the
candidate/proposer filing the nomination.
• Handover an extract of Section 127A
(printing/ publishing of pamphlets, posters
etc.)
32. Oath/Affirmation
• Candidate required to make oath or affirmation in the prescribed
format in person.
• RO/ARO authorised authorities before whom oath can be made.
• Oath can also be taken before certain other authorities prescribed
by ECI- Jail Supdt. for candidate in jail , Commandant of detention
camp for candidate under preventive detention, Medical Supdt of
Hospital for those confined to bed in hospital, Diplomatic or
consular representative of India or any person authorized by them
for candidate outside India.
• Oath to be made only after filing nomination and before the day of
scrutiny.
• Certificate of oath to be given to the candidate without his
applying for it.
• Onus is on candidate to produce Certificate of Oath before the RO
(wherever taken before a different authority)
33. Videography
• Process of filing nomination to be
videographed.
• Continuous/unedited videography in the last
hour of filing nomination (2 PM onwards on
the last day )
• Keep all papers securely. Avoid misplacing.
• RO/Specified ARO to be available at the place
of filing throughout the nomination filing
period.
34. Acknowledgment/Notice
• Apart from acknowledgement in Part-VI of
nomination form, checklist duly filled is a
further acknowledgement.
• All notices for filing various documents shall
be given in checklist itself.
35. Notice of nomination
• RO to publish on Notice Board a notice in
FORM-3A regarding nominations received
upto 3 PM of each day during the nomination
filing period.
• Where the Specified ARO receives nomination
in a different place such ARO should also
publish such notice in FORM-3A and keep the
RO informed on a daily basis.
36. List of nominated candidates
• After 3 PM on last day of filing, list of nominated
candidates to be prepared.
• Format given by ECI – Handbook.
• Candidates to be classified in 3 categories- (i)
Recognised parties, (ii) Registered unrecognised
parties and (iii) independents.
• Within each category, names of candidates shall
be arranged alphabetically.
• Recognized parties of other States will be
included in the 2nd category (registered
unrecognized party).
38. • Any person aspiring to be Member of Lok
Sabha/ Legislative Assembly, whether by
election or by nomination, must be qualified
and must not be disqualified under the
Constitution or under any law for such
membership.
• Crucial date for determining whether a
candidate is qualified or disqualified is not the
date of filing nomination paper but the date
fixed for the scrutiny of nominations.
38
39. Constitutional Qualifications
(Articles 84 and 173 of the Constitution)
• Citizenship of India.
• Oath or affirmation to bear true faith and
allegiance to the Constitution.
• Minimum qualifying age.
• Any other
Parliament.
qualification
prescribed
by
39
40. Oath or Affirmation under the Constitution
of India
[Articles 84 (a) and 173 (a)]
• Every candidate has to make and subscribe
either an oath in the name of God or a solemn
affirmation in the form prescribed for the
purpose in the Third Schedule to the
Constitution.
• The real purpose of this oath or affirmation is
that the person undertakes to bear true faith
and allegiance to the Constitution and uphold
the sovereignty and integrity of India.
40
41. • Persons before whom oath or affirmation to be
made :
Returning Officer or any of the Assistant Returning
Officers of the constituency.
All stipendiary Magistrates of the first class, District
Judges and persons belonging to judicial service of
the State.
Superintendent of the prison if the candidate is
confined in a prison.
Commandant of the detention camp if under
preventive detention.
Medical Superintendent/Medical Practitioner in case
candidate is confined to bed.
Diplomatic or Consular Representative of India in the
country, if the candidate is out of India.
Any other person nominated by the Election
Commission, on application made to it.
41
42. • Oath or Affirmation – when to be made :
Oath or affirmation must be made after the
nomination paper has been submitted to RO.
It must be made before the commencement of
the date of scrutiny of nominations, i.e., latest by
mid-night of the date preceding the date of
scrutiny.
42
43. • Oath or affirmation by a candidate contesting
election from more than one constituency :
Making and subscribing of requisite oath or
affirmation in one constituency is sufficient;
Separate Oath or affirmation required if
contesting elections both to the House of the
People and to a State Legislative Assembly at a
simultaneous election.
43
44. Age qualification
[Articles 84(3) and 173(b)]
• A person shall not be qualified to be chosen to fill a seat in
the Lok Sabha/State Legislative Assembly, unless he is of 25
years of age.
• Age qualification should be fulfilled by the candidate on the
date fixed for the scrutiny of nominations [section 36 (2) (a)
of 1951-Act].
44
45. Statutory qualifications
[Articles 84(c) and 173(c)]
• Qualifications for election to a State Legislative
Assembly (section- 5) :
In the case of the constituencies reserved for SCs or
STs, the candidate should be a member of any of
those castes or tribes, and an elector for any
Assembly Constituency in the State;
In the case of any other constituency in any State
should be an elector for any Assembly Constituency
in that State.
45
46. Constitutional Disqualifications
[Articles 102 (1) and 191(1)]
• Office of profit under the Government.
• Unsoundness of mind.
• Un-discharged insolvent.
• Non-citizenship of India or acknowledgement of
allegiance or adherence to a foreign State.
• Any other
Parliament.
disqualification
prescribed
by
46
47. • Office of profit under the Government
[Articles 102 (1a) and 191(1)(a)]:
All questions whether a particular person is
holding an office of profit under the government
or not have to be decided by applying the
following tests to the facts and circumstances of
each case in the light of Supreme Court decision in
Shivamurthy Swami Inamdar Vs. Agadi Sanganna
Andanappa [(1971) 3 SCC 870] :Whether the government makes the appointment;
Whether the government has the right to remove
or dismiss the holder;
47
48. contd….
Whether any remuneration is paid;
Does the government exercise any control over the
performance of those functions.
However, Parliament and all State Legislatures have
passed Acts removing disqualification in respect of
certain offices mentioned therein.
Please refer to Central/State Act on Removal of
Disqualification.
48
49. • Unsoundness of mind [Articles 102 (1)
(b) 191 (1) (b)]:
A person is disqualified if he is of unsound
mind and stands so declared by a
competent court.
Mere allegation not sufficient – such
person should be so declared by a
competent court under the Indian
Lunacy Act, 1912.
49
50. • Un-discharged insolvent [Articles 102 (1)(c)
and 191 (1) (c)]:
A person adjudged insolvent by a competent
insolvency court under the Provincial Insolvency Act,
1920 and has not been discharged from insolvency
under the provision of that Act, is disqualified for
contesting an election to Parliament/State Legislature.
Mere commission of acts of insolvency not a ground
for disqualification.
Disqualification on this account ceases to be
operative, if the insolvent
is discharged from
insolvency by the competent court.
50
51. • Non-citizenship
of
India
or
acknowledgement of allegiance or
adherence to a foreign State [Articles
102(1) (d) and 191 (1) (d)]:
Citizenship of India a fundamental and
essential qualification – additionally a person
shall be disqualified for being chosen as, and
also for being a Member of Parliament/State
Legislature if he is not a citizen of India, or has
voluntarily acquired the citizenship of a
foreign
State
or
is
under
any
acknowledgement of allegiance or adherence
to a foreign State.
51
52. Statutory disqualifications
[Articles 102(1)(e) and 191 (1) (e)]
• Parliament empowered to make statutory laws
prescribing disqualifications for membership for
both Parliament and State Legislatures :
– Disqualifications so prescribed by Parliament
under Representation of the People Act, 1951
are :
• Disqualification on conviction for certain offences
(Section 8).
• Disqualification on ground of commission of corrupt
practices (Section 8A).
52
53. • Disqualification for dismissal from govt. service for
corruption or disloyalty (Section 9).
• Disqualification for contract with “appropriate
government” (Section 9A).
• Disqualification for holding office
government company (Section 10).
under
• Disqualification for failure to lodge account of
election expenses (Section 10A).
53
54. Disqualification on conviction for
certain offences (s 8)
• Offences inviting disqualification on conviction specified
in three categories mentioned in sub-sections (1) to (3).
• Conviction by Trial Court attracts disqualification;
• Release on bail does not remove disqualification, unless
conviction is also stayed during pendency of appeal;
• A sitting MLA / MP does not attract disqualification on
conviction for three months, and if appeal filed within
three months, no disqualification so long as the existing
House continues.
54
55. Disqualification on conviction for
certain offences (s 8A)
• Only those persons are disqualified whose list is
circulated by ECI from time to time.
55
56. Disqualification for dismissal from
government service for corruption or
disloyalty (s 9)
• A candidate dismissed from government service
within the last five years must produce a
certificate from ECI that he was not dismissed for
corruption or disloyalty;
• Such certificate must be filed with the
nomination paper, otherwise nomination shall be
rejected [Section 33(3)].
56
57. Disqualification for contract with
appropriate government (s 9A)
• Contract should be subsisting on the date of scrutiny of
nominations;
• Contract should be with ‘appropriate government’;
• ‘Appropriate government’ means Central Government in
the case of election to Parliament, and State
Government in the case of election to State Legislature;
• Contract should be either for supply of goods or for
execution of works.
57
58. Disqualification for holding office under
government company (s 10)
• Only Secretary, Manager or Managing Agent of
government company is disqualified;
• ‘Government company’ means any company,
corporation, etc., in which appropriate
government has not less than 25% share;
• Government Company does not include
cooperative society;
• ‘Appropriate Government’ has same meaning as
explained above in the case of contract with
government.
58
59. Disqualification for failure to lodge
account of election expenses (s
10A)
• Only those persons are disqualified whose list is
circulated by ECI from time to time.
• Disqualification U/s 10A is for specific period of 3
years. Pl. go through the list of disqualified
persons in respect of your State carefully.
59
62. SCRUTINY OF NOMINATIONS
DATE, TIME AND PLACE OF SCRUTINY
• Date of scrutiny specified by the Commission in its
programme notification and the RO has no discretion
to change it;
• However, he has a discretion under the law to fix the
time and place of scrutiny;
• The RO has to give notice both in public notice in
Form-1 and also in the receipt which he has to give
to each candidate in acknowledgement of receipt of
nomination.
62
63. PERSONS WHO CAN BE PRESENT AT
SCRUTINY OF NOMINATIONS
• Candidate himself;
• His election agent;
• One of his proposers; and
• One other person authorized by candidate.
• It is not necessary that a candidate or his
representative should be present at the time of
scrutiny of nominations.
63
64. Scrutiny proceedings Contd…
• Scrutiny of nominations is a quasi-judicial function of the
RO but that does not give him the status of a Court. The
enquiry into the question of validity or otherwise of a
nomination paper is a summary enquiry;
• RO himself should conduct the scrutiny;
• ARO can be authorized to perform scrutiny only where
RO is unavoidably prevented from performing that
function;
• All present at time of scrutiny should be given
reasonable opportunity of inspecting all nomination
papers and their accompanying documents. They should
not, however, be permitted to handle those papers.
64
65. Scrutiny proceedings
Contd…
• All nomination papers should be scrutinized one by one
and decision accepting or rejecting should be recorded
on each nomination paper separately.
• Even if one of the nomination papers of a candidate is
accepted, his remaining nomination papers must also be
scrutinized individually.
• Where any objection is made against any nomination
paper, RO must record his decision giving reasons for
accepting or rejecting the objection.
• RO can raise objection to any nomination suo motu also.
65
66. Scrutiny proceedings
Contd…
• If the nomination of a candidate has been objected to, he should
be given reasonable opportunity of rebutting the same and, where
necessary, scrutiny proceedings in relation to his nomination may
be adjourned. Scrutiny proceedings in relation to other
candidates should, however, continue.
• Scrutiny can be adjourned maximum upto the 3rd day which is
normally the last date of withdrawal for candidatures and not
beyond that date.
• If the nomination of any candidate is rejected, copy of the order
should be furnished to the candidate urgently.
• Decision of RO rejecting or accepting the nomination of a
candidate is not subject to any review or revision by any authority
including the Courts and the Election Commission until the process
of the election is over. It can be challenged only by means of an
Election Petition.
66
67. GROUNDS FOR REJECTION OF
NOMINATION PAPER
• Nomination paper of a candidate shall be rejected if :
– he is not qualified or is disqualified on the date fixed for
scrutiny of nominations;
– nomination paper is not signed by candidate or subscribed
by requisite number of proposers;
– requisite security deposit has not been made;
– certified extract of entry in the electoral roll not
submitted, if candidate is contesting election from a
different constituency;
– affidavit in Form 26 has not been submitted;
– complete address of candidate has not been mentioned in
nomination paper;
67
68. GROUNDS FOR REJECTION
Contd….
– nomination paper has not been filed within the date and
time prescribed for the purpose; or has not been filed
before the RO or the authorized ARO at the specified
place.
• Nomination paper shall not be rejected on ground of
defect which is not of substantial character, like,
defect in declaration relating to symbols.
• Any wrong information or suppression of
information in candidate’s affidavits is not defect of
substantial character. However, failure to furnish
affidavit is defect of substantial character entailing
rejection of nomination.
68
69. PREPARATION OF LIST OF VALIDLY
NOMINATED CANDIDATES
• After the completion of scrutiny proceedings, RO
should prepare a list of validly nominated
candidates, i.e., candidates whose nominations have
been found valid on scrutiny;
• Such list should be prepared in Form 4;
• Arrangement of names in Form 4 should be on the
same lines as in the list of contesting candidates
explained hereafter.
69
70. WITHDRAWAL OF CANDIDATURES
• Validly nominated candidate may withdraw his
candidature by giving a notice in the prescribed Form
(Form-5 appended to 1961-Rules) to that effect upto
3.00 pm on the last date fixed for withdrawal of
candidatures in the programme notification. Notice
in any other form shall not be taken cognizance of.
• Commission has clarified that candidatures may be
withdrawn on any intervening day during normal
working hours of the Office of RO and not necessarily
upto 3.00 pm on those days.
70
71. WITHDRAWAL OF CANDIDATURES
Contd…
• No provision for retirement from contest after
last date fixed for withdrawals;
• Notice of withdrawal can be submitted either by
the candidate himself or by his election agent, or
any of his proposers but such proposer or
election agent must additionally be authorized in
writing by the candidate himself to present that
notice on his behalf. Such notice cannot be sent
to the RO in any other manner.
71
72. NOTICE OF WITHDRAWAL
• RO should publish the list of candidates who
have withdrawn their candidatures in Form-6.
• Notice of withdrawal once given by a
candidate is irrevocable.
72
73. PREPARATION OF LIST OF
CONTESTING CANDIDATES
• Allotment of symbols has to be made before
drawing the list of contesting candidates in
parliamentary and assembly constituencies.
• Such list is prepared in Form 7A; for elections
to Council of States and State Legislative
Councils, such list is prepared in Form7B.
• At an election to any House of Parliament, the
list is published in the Gazette of India in
English and Hindi and is also re-published in
the official gazette of state concerned.
73
74. PREPARATION OF LIST OF
CONTESTING CANDIDATES
• For any election to a state legislature, it is
published in the official Gazette of the State
concerned in the official language(s) of that
State.
• Copy of the list is to be furnished to each of
the contesting candidates besides displaying it
in the notice board and copies sent to Election
Commission of India and CEO.
74
75. ARRANGEMENT OF NAMES OF CANDIDATES
IN LIST OF VALIDLY NOMINATED CANDIDATES
AND LIST OF CONTESTING CANDIDATES
• Names of candidates shall be classified into three
categories, namely,
– (a) candidates of recognized National and State
political parties,
– (b) candidates of registered un-recognized
political parties, and
– (c) independent candidates.
• The arrangement of names of candidates shall be in
alphabetical order according to Devanagri script in
the case of elections to Parliament and in the script
of the official language of the state concerned in the
case of elections to State Legislatures.
75
76. ARRANGEMENT OF NAMES OF CANDIDATES
IN LIST OF VALIDLY NOMINATED CANDIDATES
AND LIST OF CONTESTING CANDIDATES
• Such determination shall be made with reference to
the first letter of the name of the candidate as given
by him in his nomination paper irrespective of
whether the name given is the proper name or
surname. Initials prefixed to a name shall be
ignored.
• Arrangement of names in alphabetical order shall be
made in each category separately; but serial
numbers of names shall be run-on.
76
77. CANDIDATE PERMITTED TO SHOW HIS NAME
BY WHICH POPULARLY KNOWN
• Normally, the name of each candidate in the list of
validly nominated candidates shall be shown as it
appears in his nomination paper (Rule 8(2), 1961Rules).
77
78. CANDIDATE PERMITTED TO SHOW HIS NAME
BY WHICH POPULARLY KNOWN
• However, if a candidate considers that his name is
incorrectly spelt or is otherwise incorrectly shown in
his nomination paper or is different from the name
by which he is popularly known, he may furnish in
writing to the RO, the proper form and spelling of his
name and the RO shall, if satisfied as to the
genuineness of the request, make the necessary
correction or alteration in the name of the candidate
in the list of validly nominated candidates and also
adopt that form and spelling in the list of contesting
candidates
78
79. CANDIDATE PERMITTED TO SHOW HIS NAME
BY WHICH POPULARLY KNOWN
• But such request for correction or alteration must be
made to the RO before he has prepared the list of
contesting candidates. Any request for the purpose
after the list of contesting candidates has been
prepared cannot be entertained by the RO. Further,
in order to be satisfied about the genuineness of the
request, he can require the candidate to produce
such evidence in support of the request as may be
considered appropriate by him.
79
80. PREFIXING HONORIFIC TITLES TO NAMES OF
CANDIDTES
• The Election Commission has also permitted
the candidates to prefix any honorific,
academic, hereditary, professional or any
other title, like, Doctor, Professor, Lt General,
to their names. But these prefixes are not
taken into account in the determination of the
alphabetical arrangement of their names.
80
82. Allotment of Symbols
• Allotment of symbols to candidates is
governed
by
the
Election
Symbols
(Reservation and Allotment) Order, 1968;
82
83. Allotment of Symbols to candidates
of recognized parties
• Candidates set up by recognized national and state
political parties to get only the symbols reserved for
those parties;
• The manner of setting up of candidates by political
parties already explained hereinabove.
• ‘Political party’ means a party registered with ECI under
section 29A of the RP Act, 1951;
• ‘Recognized political party’ means a party recognized as
national or state party by ECI under Symbols Order,
1968.
83
84. Allotment of Symbols to candidates of
recognized State parties in other States
• A State party recognized in one State is a registeredunrecognized party in any other State;
• If such party sets up candidates in any other State, such
candidates can get party’s reserved symbol under para 10, if :
– Central Office of party applies to ECI for such concession
within three days from the date of election notification,
giving details of the constituencies concerned; and
– ECI has no objection to the grant of above concession.
• RO shall allot the party’s reserved symbol to the
abovementioned candidate only if he receives the
authorization from ECI, and not otherwise.
84
85. Allotment of Symbols to candidates of
parties which have lost recognition
• If a party which has lost recognition, within the last six years,
as National / State party and is not recognized anywhere and
is now only a registered-unrecognized party, sets up
candidates in any State, such candidates can get party’s
earlier reserved symbol under para 10A, if :
– Central Office of party applies to ECI for such concession within
three days from the date of election notification, giving details
of the constituencies concerned; and
– ECI has no objection to the grant of above concession.
• RO shall allot the party’s reserved symbol to the
abovementioned candidate only if he receives the
authorization from ECI, and not otherwise.
85
86. Common symbol for Registered
Un-recognized parties
• Under para -10B of Symbols Order a registered unrecognized party can apply to ECI for allotment of
common symbol for its candidates from among free
symbols
• Subject to fulfillment of certain conditions, ECI may
allot common symbol to such parties
• If orders are issued by EC for allotting common
symbol to candidates of registered un-recognized
party, RO shall allot common symbol as per orders
of EC
87. Allotment of Symbols to candidates of
registered un-recognized parties
• Allotment of symbols to candidates of registered
unrecognized political parties other than those
mentioned in para-10B above is governed by para 12 of
Symbols Order;
• No symbol is reserved for any registered-unrecognized
political party;
• These candidates have to choose symbols from list of
free symbols notified by ECI;
• Every such candidate can give three options of free
symbols, in order of preference;
• Such preferences indicated in his first nomination paper
are to be taken into account, even if that nomination 87
paper is rejected;
88. Allotment of Symbols to candidates of
registered un-recognized parties
• If such candidate has given option for a particular
free symbol as his first preference, he shall be
allotted that symbol to the exclusion of all
independent candidates;
• If candidates of more than one un-recognized party
have given their first preference for the same free
symbol, RO shall decide by lot which of those
candidates should be given that free symbol;
88
89. Allotment of Symbols to candidates of
registered un-recognized parties
• However, if any of those candidates is, or was,
immediately before the election, a sitting MP/MLA,
he shall be allotted that symbol without draw of lots;
• If a candidate does not get his first preference
symbol because of draw of lots, his second
preference for a symbol shall not be treated now as
his first preference, while considering the
preferences of other candidates;
89
90. Allotment of Symbols to candidates of
registered un-recognized parties
• If a candidate does not get any of the symbols as per
his preferences, he shall be allotted a symbol at the
end of the allotment process (including the allotment
of symbols to the independent candidates) from out
of the remaining free symbols available for allotment
with the RO.
90
91. Allotment of Symbols to independent
candidates
• Allotment of symbols to independent candidates is
also governed by para 12 of Symbols Order;
• These candidates have to choose symbols from list of
free symbols notified by ECI;
• Every such candidate can give three options of free
symbols, in order of preference;
• Such preferences indicated in his first nomination
paper are to be taken into account, even if that
nomination paper is rejected;
91
92. Allotment of Symbols to independent
candidates Contd…
• If such candidate has given option for a particular
free symbol as his first preference and no candidate
of a registered un-recognized party has opted for
that symbol as his first preference, he shall be
allotted that symbol to the exclusion of all other
candidates;
• If more than one independent candidates have given
their first preference for the same free symbol, RO
shall decide by lot which of those candidates should
be given that free symbol;
92
93. Allotment of Symbols to independent
candidates Contd…
• However, if any of those candidates is, or was,
immediately before the election, a sitting MP/MLA,
he shall be allotted that symbol without draw of lots,
provided that he contested the earlier election on
that very symbol;
• If a candidate does not get his first preference
symbol because of draw of lots, his second
preference for a symbol shall not be treated now as
his first preference, while considering the
preferences of other candidates;
93
94. Allotment of Symbols to independent
candidates Contd…
• If a candidate does not get any of the symbols as per
his preferences, he shall be allotted a symbol at the
end of the allotment process (including the allotment
of symbols to the independent candidates) from out
of the remaining free symbols available for allotment
with the RO.
94