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Lessons on the Use of Technology in Elections
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case Swamy v. Election Commission in India raised the question of whether the EVMs that had been
introduced in India met international standards for elections,
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date modified
- Nov 8, 2023
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Alternative Dispute Resolution in Elections: Practitioner Brief
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Indigenous communities that elect their local authorities using
traditional practices. In India and Sri Lanka, the International Foundation for Electoral Systems (IFES) has supported
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- May 5, 2023
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Advocate Prem Chandra Rai vs Government of Nepal
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by
the people. In this regard the Supreme Court of India in PUCL and ANR Vs. Union
of India and ANR
Machine Translated by Google
(2010)10 in the
- Question Presented
- Whether Nepali citizens residing abroad should be given the opportunity to vote from the country in which they currently reside. Whether restricted voting rights on Nepali citizens living abroad violates the constitutional right to vote.
- Legal Issue(s)
- Accessibility
- Elections as a Fundamental Right
- Out of Country Voting
- Country
- Nepal
- Language of Decision
- Nepali
- Date of decision
- Mar 21, 2018
- Date modified
- Jan 13, 2023
Judgment
Bench Book on Electoral Dispute Resolution
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‘The Supreme Court of India re-defines admissibility of electronic
evidence in India’).
4.8.3.1.7
The Supreme Court of India further noted that owing
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Judicial Independence
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date modified
- Oct 12, 2022
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Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media
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for similar laws in at
least 13 other countries, including Venezuela, Vietnam, India, Russia, Malaysia, and Kenya, which have expanded
the scope of content from
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- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
- Date modified
- Dec 22, 2021
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Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018
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nationale indépendante de déclarer recevable la candidature de Monsieur KAMA INDI Augustin et de recevoir une nouvelle
déclaration de candidature rectifiée de
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- French
- Date modified
- Dec 22, 2021
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Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence
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seem to consistently rely
on the views of the Supreme Court of India such
Shri Kirpal Singh v Shri v Giri.79 The Indian Supreme
Court
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- Legal Issue and/or Topic
- Election Annulments
- Election Dispute Resolution
- Language
- English
- Date modified
- Jun 4, 2021
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Election Investigations Guidebook
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Shri Raj Narain
v. Smt. Indira Nehru Gandhi case,
the Supreme Court of India also
emphasized the importance of
substantiated facts and evidence.134
In 1971,
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- Dec 28, 2020
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Odinga v. IEBC
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Trivedi & Others103 and Union of India
v. Association for Democratic Reforms & Another104, the Supreme
Court of India, for example, stated that the word
- Question Presented
- Which party has the burden of proof to contest an election?
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Sep 1, 2017
- Date modified
- Nov 6, 2020
Judgment
Wong Souk Yee v. Attorney General
Document contents
structure doctrine laid down in the seminal
decision of the Supreme Court of India in Kesavananda Bharati v State of
Kerala AIR 1973 SC 1461 forms part
- Question Presented
- Whether the Prime Minister had a duty to fill the vacancy in a Group Representation Constituency.
- Legal Issue(s)
- Electoral Integrity
- EMB Independence
- Country
- Singapore
- Language of Decision
- English
- Date of decision
- Apr 10, 2019
- Date modified
- Nov 6, 2020
Judgment
Chilima v. Mutharika (lower court decision)
Document contents
Hornal vs. Neuberger Products Limited [1957[ 1 QB 247.
Surprisingly in India the Supreme Court raised the standard to beyond a reasonable doubt
- Question Presented
- Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- EMB Operation
- Country
- Malawi
- Language of Decision
- English
- Date of decision
- Feb 3, 2020
- Date modified
- Nov 4, 2020
Judgment
Shanmugam v. India
- Question Presented
- Whether the Election Commission of India may cancel or postpone elections based on the conduct and criminal actions of candidate.
- Legal Issue(s)
- Civil Procedure
- Electoral Integrity
- Country
- India
- Language of Decision
- English
- Date of decision
- Apr 17, 2019
- Date modified
- Nov 4, 2020
Judgment
Gandhi v. Narain
- Question Presented
- Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
- Legal Issue(s)
- Disputing Results
- Judicial Independence
- Country
- India
- Language of Decision
- English
- Date of decision
- Jul 11, 1975
- Date modified
- Oct 15, 2020
Judgment
In Re Dispute Case No. 1 of 1999
- Question Presented
- Whether two rival groups within the same political party may utilize the same political symbol on the eve of elections.
- Legal Issue(s)
- Candidate Registration
- Party Registration
- Country
- India
- Language of Decision
- Arabic
- English
- Date of decision
- Aug 7, 1999
- Date modified
- Oct 15, 2020
Judgment
Ali v. David
Document contents
30(2), (4) and (8).
53
See Narayan Khare v The Election Commission of India [1957] INSC 43,AIR 1957 SC 694, (1957) SCR 1081; NP Ponnuswami v
Returning
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Regional Jurisprudence
- Language
- English
- Date modified
- Oct 14, 2020
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Bangladesh 16th amendment ruling
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General
the
of
Government
forwarded
to
India,
of
the
under
India
section
Act,1935.The
Federal
Court
of
India. Earlier, the procedure was to refer
- Question Presented
- Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
- Legal Issue(s)
- EMB Independence
- Judicial Independence
- Country
- Bangladesh
- Language of Decision
- English
- Date of decision
- Jul 3, 2017
- Date modified
- Oct 14, 2020
Judgment
Mexico SUP JDC 304 2018
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Union of India and others (Writ Petition No. 400 of 2012 whit Writh No. 604 of 2013) donde la Suprema Corte de la India
conoció de
- Question Presented
- The High Chamber of the confirmed the validity of the candidacy of two transgender people (muxes in the state of Oaxaca) to occupy public posts reserved for women and revoked the registration of 15 male candidates.
- Legal Issue(s)
- Candidate Registration
- Gender
- Quotas
- Country
- Mexico
- Language of Decision
- Spanish
- Date of decision
- Jun 21, 2018
- Date modified
- Sep 16, 2020
Judgment
Majumdar v. Information Commission
Document contents
33
India including Indian National Congress/ All India Congress
Committee (AICC), Bharatiya Janata Party (BJP) and others, the
Central Information Commission of India,
- Question Presented
- Must the Election Commission provide information on parties' financial disclosures without obtaining their consent?
- Legal Issue(s)
- Campaign Finance
- EMB Independence
- Country
- Bangladesh
- Language of Decision
- English
- Date of decision
- Feb 18, 2016
- Date modified
- Sep 16, 2020
Judgment
Swamy v. Election Commission
- Question Presented
- Are current EVMs up to international standards? Is a paper trail/receipt necessary in electronic voting?
- Legal Issue(s)
- Electronic Voting
- Country
- India
- Language of Decision
- English
- Date of decision
- Oct 8, 2013
- Date modified
- Sep 16, 2020
Judgment
Electoral Justice: The International IDEA Handbook
Document contents
of the President and Vice-president in India are heard directly by the
Supreme Court. Especially in Australia, Canada and India, independent and
autonomous EMBs have
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- Sep 16, 2020
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Electoral Justice Regulations Around the World: Key findings from International IDEA's global research on electoral dispute-resolution systems
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disqualification of a candidate for
a certain period of time, as practiced in India, Mozambique, Nepal and
Pakistan; and de-registration of a political party in
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- Sep 16, 2020
Resources
Access to Justice and Electoral Integrity: A policy brief of the Electoral Integrity Initiative
Document contents
3); in Afric: Botswana ($2.7) and Kenya ($1.8); in
Asia and the Pacific: India ($1), Pakistan ($0.5), and Australia ($3.2).33
25
Access to Justice and Electoral
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- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
- Date modified
- Sep 16, 2020
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective
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No. 24 of 2011, s. 6(1).
27 Countries such as the USA, Canada, Australia, India, and South Africa carry out scrutiny at various stages of their
respective electoral
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- Sep 16, 2020
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GUARDE: Directrices para la comprension y resolucion de conflictos electorales
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Australia y Nueva Zelanda, en democracias estables como Brasil,
India, México y partes de Europa del Este, y en ciertos
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- Spanish
- Date modified
- Sep 16, 2020
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections
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North America, Australia and New Zealand, in stable
democracies like Brazil, India, Mexico and parts of Eastern Europe, and certain African countries including
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date modified
- Sep 16, 2020
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International Covenant on Civil and Political Rights
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L'ISLANDE:
3a
POR ISLANDIA:
HANNES KJARTANSSON
30 Dec. 1968
FOR INDIA:
POUR L'INDE:
3a
POR LA INDIA:
FOR INDONESIA:
POUR L'INDONÉSIE:
3a
POR INDONESIA:
FOR IRAN:
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- Legal Issue and/or Topic
- International Treaty
- Language
- English
- Date modified
- Sep 16, 2020
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10- Perera v. Senarathe
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partnership has entered into a
contract dated 16. 11. 1995 on behalf of M/s Suz-Dent
(India) Pvt. Ltd. with the Ministiy of Health, Highways and
Social Services to supply
- Question Presented
- The petitioner, an MP, complained that the respondent, also an MP, has illegally entered into contracts with government institutions and seeks a declaration that the respondent's appointment is void.
- Legal Issue(s)
- Abuse of State Resources (ASR)
- Country
- Sri Lanka
- Language of Decision
- English
- Date of decision
- Dec 10, 1999
- Date modified
- Sep 16, 2020
Judgment
Legal Considerations When Delaying or Adapting Elections
Document contents
the DRC has now done.
-18-
International Foundation for Electoral Systems
In India, the Supreme Court upheld the State Election Commission’s (SEC) decision to
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- Legal Issue and/or Topic
- COVID-19 (Postponement and Accessibility)
- Election Postponement
- Language
- English
- Ukrainian
- Date modified
- Sep 16, 2020
Resources
Preserving Electoral Integrity During an Infodemic
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April 28). India: Infections, Islamophobia, and Intensifying Societal Polarization.
Carnegie Endowment for International Peace. Retrieved from https://carnegieendowment.org/2020/04/28/
india-infections-isla
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- Legal Issue and/or Topic
- COVID-19 (Postponement and Accessibility)
- Language
- English
- Date modified
- Sep 16, 2020
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers
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domestic case law II:
The example of India
The right to life in article 21 of the Constitution of India was given an
extensive interpretation
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Portuguese
- Date modified
- Sep 16, 2020
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