Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision ? Refer to the case laws.

GS 2

Indian Polity

2022

15 Marks

Subject: Indian Polity

The electoral dispute resolution mechanism under The Representation of People Act (RPA), 1951 forms a crucial pillar of India's democratic framework, ensuring free and fair elections through systematic adjudication of election-related disputes.

Procedures for Deciding Election Disputes

Filing of Election Petition: Only a candidate or elector from the constituency can file petition within 45 days of result declaration.
High Court Jurisdiction: Election petitions are exclusively tried by the High Court of the state where election was held.
Single Judge Bench: The Chief Justice nominates a single judge to hear the election petition as per Section 80A of RPA, 1951.
Speedy Trial: The Act mandates expeditious disposal of election petitions to ensure democratic representation.

Grounds for Declaring Election Void

Constitutional Grounds

Disqualification: If candidate was not qualified or was disqualified on the date of election.
Non-Compliance: Material violation of constitutional provisions or RPA, 1951.

Corrupt Practices

Electoral Malpractices: As defined under Section 123 of RPA, including:
- Bribery, undue influence, appeal on religious grounds
- False information about opponent's character
- Booth capturing or intimidation

Technical Grounds

Improper Acceptance/Rejection: Of nomination papers affecting result
Improper Reception: Of votes materially affecting outcome

Legal Remedies Available

Appeal to Supreme Court: Under Article 132 of Constitution within 30 days
Special Leave Petition: Under Article 136 against High Court judgment
Review Petition: Before same High Court bench

Important Case Laws

Abhiram Singh v C.D. Commachen (2017): Supreme Court held that seeking votes based on religion, race, caste is a corrupt practice.
S. Subramaniam Balaji vs State of Tamil Nadu (2022): Court ruled that promises of freebies cannot be considered corrupt practice.

India's robust electoral dispute resolution mechanism, supported by judicial precedents and statutory provisions, ensures the integrity of our democratic process while providing adequate remedies to aggrieved parties through the Supreme Court and High Courts.

Answer Length

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