JEMTEC

  In India to conduct general election for the post of Member of Parliament and state legislature there is four steps-  Nomination Campaigning Poll Result Nomination: Nomination is the first process of conducting election, by which one person formally offers oneself as a candidate for any effective office i.e member of parliament or state legislature, which is subscribed by proposers (electors).   Under section 30 of Representation of People Act, 1951(RP Act) as soon as the notification for calling election is issued, the ECI appoint the last date of making nomination, the date for the scrutiny of nomination, the last date for the withdrawal of candidature and the date of poll. Law provides total 8 days for making nomination, start from election notification and the last date for making nomination. No nomination can be filled on any public holiday during the period of Nomination. Under section 31 of RP Act, 1951, the returning officer shall give public notice of the ...

  Literal meaning of Recrimination means is kind of counter claim or accusation by way of asking additional relief. When in an election petition composite relief or double relief or additional relief is sought in counter, it shall be called recriminatory election petition. Here we have to understand first what election petition is?? Election petition means, when any dispute arises related to election of any returned candidate of Member of Parliament or state legislature, it can be challenged through Election petition before the High Court.   For example, if any person has won election by two votes. And it is challenged before the high court. At the recounting order by HC in the trial of the election petition, it is found that 10 ballot papers have been improperly rejected in the favour of the respondent and 04 ballot papers have been improperly accepted in favour of appellant.   At this stage if appellant urge before the court that there have been improper rejection of h...