Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
If a person is found to have two entries in different electoral rolls, they are ineligible to contest the election, and such discrepancies can be challenged via election petitions (Sources: 2023 0 Supreme(AP) 686, 1963 0 Supreme(Raj) 199).
Legal Provisions and Court InterpretationsAnalysis and Conclusion:
In the high-stakes world of Indian elections, eligibility questions can make or break a candidacy. A common concern arises: Can a person contest an election if they have two voter entries in different ? This issue touches on rules, grounds, and judicial interpretations under laws like the , and the .
Whether you're an aspiring candidate, a political enthusiast, or simply curious about electoral integrity, understanding this nuance is crucial. This post breaks down the legal position, drawing from court rulings and statutory provisions. Note: This is general information, not legal advice—consult a qualified lawyer for your specific situation.
A person registered as a voter in two different is generally not disqualified from contesting elections solely on that basis, provided they meet other eligibility criteria. The law focuses on conduct, particularly voting, rather than mere registration status. [
#ElectionLaw #VoterDisqualification #IndiaElections
So, two conditions are to be satisfied as per Section 19 for the purpose of registering the name of a person as a voter in the electoral roll of the Assembly Constituency. ... So, both the enactments are two different enactments which operate in two different fields and spheres. The first Act of the year 1950 pertains to preparatory process to be made ....
[1970] 1 SCR 839 ), wherein it has been held that “Section 23(3) of the Act of 1950 is mandatory in nature that prescribes when amendment cannot be made to Electoral Roll, it does not set out any mode or procedure regarding registration of voter. ... The Election Commission of India has notified the schedule of revision of Electoral Roll. Respondent No.2 made request to the Election Comm....
two different Village Panchayat, which had materially affected the result of the Returned Candidate. ... If a person feels that name of a dead person or a person who is not eligible to be included in the electoral roll has been included in the electoral roll, his remedy lies in filing an application at the opportune time for correction of the entry. ... It can....
Sub-Rule (1) of Rule 75 of the Rules provides that an election petition calling in question any election may be presented by any candidate or any voter within two months from the date of declaration of the result of the election. ... R.75 Presentation of election petition- (1) An election petition calling in question any election may be presented by a....
The act of 1997 does not prescribe for disqualification to contest election, if the name of the person appears in voter list of two panchayat or ZP constituency. b. ... Under the aforesaid clauses, there is no prescription that a person shall be disqualified for being chosen or for being a member of Anchal Samiti for having registered in voter roll in ....
It will take away the opportunity to be an eligible voter or an opportunity to contest. Losing a chance to contest an election if the nomination paper is rejected on the premise that the candidate’s name is not in the electoral roll can also be questioned under Section 70 of the Act, 1959. ... This being the position, the contentions raised by the petitioners that two different....
voter list of Village Mandawar. ... the voter list of Village Panchayat, Mandawar. ... of Gram Panchayat and electoral roll. ... register his name in the electrol roll) (C) Establishment of Gram Sabha and Removal of difficulties arises theirin- If in establishing a Gram Sabha or in the working of a Gram Panchayat, any dispute or difficulty arises regarding the interpretation of any provisions of this Act ....
Proof of “Identity” of a person is different from proof of “membership.” ... The above decision cannot apply to a case where the statute itself specifies the documents to be considered for ascertaining the identity of a voter. ... It can thus be seen from the two decisions that though the normal rule is that a Court will not interfere, where there is a violation of the statutory rules in the preparation o....
Proof of “Identity” of a person is different from proof of “membership.” ... The above decision cannot apply to a case where the statute itself specifies the documents to be considered for ascertaining the identity of a voter. ... It can thus be seen from the two decisions that though the normal rule is that a Court will not interfere, where there is a violation of the statutory rules in the preparation o....
There is nothing wrong in the same statute which confers the right to contest an election also to provide for the necessary qualifications without which a person cannot offer his candidature for an elective office and also to provide for disqualifications which would disable a person from contesting ... 11.9 It is submitted that there are only two societies situated in Limbdi Taluka in ....
If that be so, the petitioner was clearly under an obligation to submit proof of his domicile within the limits of the 31st Aalo Assembly Constituency, which was a mandatory condition of the NIT, which he has failed to provide. Such enquiry revealed that his name was enrolled in the electoral roll of a different Assembly Constituency, i.e. No. 27-Liromoba Assembly Constituency. No voter can legitimately claim to have his name entered in the electoral roll of two different constituenc....
It further provides that "no person whose name does not appear in such voters list, would not be entitled to vote." Moreover, a person cannot vote at two different places in the same election.
The aforesaid two electoral rolls cannot be reconciled. The Supreme Court in Sushil Kumar v. Rakesh Kumar, (2003) 8 SCC 673, has already held that date of birth entered in electoral roll and election identity card issued by the Election Commission of India is not a conclusive piece of evidence to establish the age or date of birth of a person concern. In view of the apparent inconsistency which has not been explained, in the two electoral rolls on record none of them can be taken to be true or....
From the aforesaid clause 5 of the scheme of administration, it is apparently clear that only restriction placed is that no two member of the Committee of Management should be related to each other. Under the scheme of administration there is no prohibition for two related members to contest the election inasmuch as if two related members contest the same election for different posts, the result can be;
There is nothing to show as to how the name of Nirbhay Kumar was deleted from the electrol roll as neither any copy of the proceeding was produced nor any application for the same has been brought on the record to substantiate the genuineness or correctness of delection of the name from the voter list. 2000 the voter list was again revised on the basis of 1995 electrol roll and in both the electrol rolls the name of Nirbhay Kumar appeared. By comparing the name of Nirbhay Kum....
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