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Representation of the People Act,1951

Act No : 43


Section : Definitions.

79.Definitions. In this Part and in 4[Part VII], unless the context otherwise requires- 5[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;] 6[(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election;] (c) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; ---------------------------------------------------------------------- 1 S. 78 re-numbered as sub-section. (1) of that section by Act 47 of 1966, s. 36 (w.e.f. 14-12-1966). 2 Subs. by s. 36, ibid., for "returning officer" (w.e.f. 14-12-1966). 3 Ins. by s. 36 ibid. (w.e.f. 14-12-1966). 4 Subs. by s. 37, ibid., for Parts VII and VIII (w.e.f. 14-12- 1966). 5 Ins. by s. 37, ibid. (w.e.f. 14-12-1966). Original cl. (a) was omitted by Act 37 of 1956, s. 43. 6 Subs. by Act 40 of 1975, s. 7 for clause (b) (retrospectively) ----------------------------------------------------------------------- 74 (d) "electoral right" means the right of a person to stand or not to stand as, or 1[to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at an election ; 2[ (e) "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held ;] (f)"returned candidate" means a candidate whose name has been published under section 67 as duly elected.


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