Definition of the Word “Candidate”

The word ‘candidate’ is comprehensive and includes not only contesting candidates who are referred to in clause (A) of Section 50 but also a person who was proposed as a candidate but subsequently withdrew from the contest in pursuance of section 15 of the Ordinance or whose nomination papers were rejected under section 13 after scrutiny — All those persons who have been proposed for membership of the Assembly are referred to in sub-section (1) of Section 13 as ‘candidate’. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (C)
S. 50 — Provides that all ‘contesting candidates’ must be made party to the petition but if there is allegation of corrupt and illegal practice against ‘any other candidate’ he shall also be a necessary party. The names of the persons who are alleged to have committed corrupt and illegal practice need not be mentioned. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (D)
S. 58 — Lays down the procedure for the trial of the election petitions. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (E)
S. 58 — Recording of evidence — Sub-section (2) of Section 58 provides that Evidence Act shall apply for the trial of election petition subject to the provisions of the Ordinance. These provisions clearly indicate that the procedure to be followed by a Tribunal is not the same as that of a Court. The procedure prescribed for the Tribunal is less formal than that of a Court. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (N)
Ss. 59 & 60 — Recording of evidence — Section 59 provides that the Tribunal may make a memorandum of substance of the evidence of each witness as his examination proceeds unless it considers that there is special reason for taking down the evidence of any witness in full. It shows that recording of evidence as is done by civil or criminal Courts is not necessary for the Election Tribunal — Section 60 provides that the Tribunal shall have the power of the Civil Court. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (M)
S. 60 — It provides that the Tribunal has all the powers of a civil Court trying a suit under the Code of Civil Procedure. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (F)
S. 63 (A) — Although the appeal to the High Court lies as a matter of right, it lies only on the grounds that the decision is contrary to law, some material issues of law or usage having the force of law have not been determined or a substantial error or defect which may possibly reduce error or defect which may possibly reduce error or defect in the decision on the merits of the case. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (J)
S. 63(3) Appeal — An appeal lies to the High Court from the decision of the Election Tribunal on any of the grounds enumerated in Section 100. Such appeal is to be heard by the Division Bench decision of which shall be final. Raja A. Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (H)