Election Judgments - IFES

Election Judgments - IFES

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Advocate Prem Chandra Rai vs Government of Nepal

Document contents
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
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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 added
Jan 13, 2023
Judgment
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In Re Dispute Case No. 1 of 1999

Country
India
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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 added
Sep 23, 2020
Judgment
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Gandhi v. Narain

Country
India
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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 added
Sep 23, 2020
Judgment
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Antonio Pedro de Siqueira Indio da Costa v. Public Electoral Ministry (No. 1825-24.2010.6.00.0000)

Document contents
Relator para o acórdão: Ministro Marcelo Ribeiro Recorrente: Antonio Pedro de Siqueira Índio da Costa Advogados: Arnaldo Malheiros e outros Recorrido: Ministério Público Eleitoral RECURSO
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Question Presented
Whether tweets announcing candidacy before the election period violate the Election Law because it is a publicly accessible platform.
Legal Issue(s)
  • Social Media
Country
Brazil
Language of Decision
  • Portuguese
Date of decision
Jun 4, 2010
Date added
Aug 10, 2020
Judgment
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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 added
Jul 1, 2020
Judgment
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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 added
May 22, 2020
Judgment
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Mexico SUP JDC 304 2018

Document contents
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
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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 added
Jul 16, 2019
Judgment
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10- Perera v. Senarathe

Document contents
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
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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 added
Jul 12, 2019
Judgment
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Shanmugam v. India

Country
India
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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 added
Jul 8, 2019
Judgment
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Bangladesh 16th amendment ruling

Document contents
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
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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 added
Jul 8, 2019
Judgment
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Swamy v. Election Commission

Country
India
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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 added
Jun 28, 2019
Judgment
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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,
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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 added
Jun 19, 2019
Judgment
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Odinga v. IEBC

Document contents
Trivedi & Others103 and Union of India v. Association for Democratic Reforms & Another104, the Supreme Court of India, for example, stated that the word
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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 added
Jun 19, 2019
Judgment
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