GS Question

The Representation of the People Act, 1951 provides the procedures for deciding disputes arising from the election of a Member of Parliament or State Legislature. When a dispute arises, the Election Commission of India conducts an inquiry by following the rules and regulations defined in the Act.

1. Filing a petition: Any person who wishes to challenge the election of a candidate can file an election petition before the appropriate authority, which is usually the High Court for Parliamentary elections and the District Court for State Legislature elections. The petition must be filed within 45 days of the election result declaration.

2. Grounds for declaring election void: The election of a candidate may be declared void if any of the following grounds are proved:

a. The candidate was not qualified to be chosen as a member under the Constitution or any other law in force.

b. The election was invalid due to corrupt practices, such as bribing the voters, impersonation, or the use of illegal means to influence the election process.

c. The candidate or their agent committed certain illegal acts during the election campaign, like using religious appeal, appealing for votes on the ground of caste, etc.

d. The candidate failed to submit necessary accounts or made false statements regarding expenses incurred during the election campaign.

e. Any other grounds that prove that the election result was affected by non-compliance with electoral laws.

3. Examination of evidence: The election petition is heard by the respective court, which examines the evidence presented by both parties. Witnesses can be cross-examined, and documentary evidence can be submitted to support the claims made in the petition.

4. Final decision: After considering all the evidence and arguments presented, the court makes a decision on whether to declare the election void or dismiss the petition. If the court finds that the election was void, it may declare the election of the returned candidate as void.

Remedy available to the aggrieved party:

If the petition is successful and the court declares the election void, the aggrieved party can demand a fresh election. In some cases, the court may also declare the petitioner as the elected candidate or order any necessary actions to rectify the consequences of the void election.

Case laws:

1. Jyoti Basu v. Debi Ghosal (1982): In this case, the Supreme Court held that filing an election petition is a "discretionary right" and not a "statutory right." It means that a petitioner must fulfill certain requirements and prove a reasonable chance of success to prevent frivolous petitions.

2. Raj Narain v. Indira Gandhi (1975): This landmark case involved the election of Indira Gandhi and discussed the grounds for declaring elections void. The Supreme Court held that the use of government machinery for election purposes is a corrupt practice, and it can render the election void.

These case laws provide interpretations and guidance on various aspects of the Representation of the People Act, 1951 and help in understanding the procedures and grounds for declaring an election void.