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.