Election Judgments - IFES

Election Judgments - IFES

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30 shown of 34 entities

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
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
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
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
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
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
Judgment
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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
Judgment
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Lessons on the Use of Technology in Elections

Document contents
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
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Cybersecurity in Elections: Developing a Holistic Exposure and Adaptation Testing (HEAT) Process for Election Management Bodies

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change their vote on the 67 Swamy v. Election Commission of India (Supreme Court of India 2013). Judgment of the Second Senate of March 3, 2009, 2
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
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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
Judgment
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Preserving Electoral Integrity During an Infodemic

Document contents
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
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective

Document contents
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
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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
Judgment
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Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media

Document contents
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
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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
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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
Judgment
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Election Investigations Guidebook

Document contents
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
Resources
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Legal Considerations when Delaying or Adapting Elections

Document contents
upholds SEC decision to postpone Andhra Pradesh Local Body Polls, Times of India (19 березня 2020 р., 1:58 PM), http://timesofindia.indiatimes.com/articleshow/74708189.cms?utm_source=conten
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Legal Issue and/or Topic
  • Election Postponement
Language
  • Ukrainian
Resources
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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
Resources
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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
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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
Resources
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An Integrated Approach to Election and Conflict

Document contents
political or religious cleavages that may be aggravated by elections (e.g., Kenya, India, Guyana and Kyrgyzstan). There may be insurgent groups that threaten the integrity
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

Document contents
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
Resources
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Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence

Document contents
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
Resources
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Bench Book on Electoral Dispute Resolution

Document contents
‘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
Resources
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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
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
Judgment
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Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018

Document contents
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
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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
Resources
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Electoral Justice Regulations Around the World: Key findings from International IDEA's global research on electoral dispute-resolution systems

Document contents
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
Resources
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