The Representation of People Act, 1951, outlines the legal framework for addressing election disputes. Disputes are resolved through the election petition process in the High Court or the Supreme Court. Grounds for voiding an election include electoral malpractices, corrupt practices, or non-compliance with electoral rules. The aggrieved party can appeal the court’s decision, as demonstrated in various case laws such as Mohinder Singh Gill v. The Chief Election Commissioner.
UPSC Mains General Studies Paper – 2 Mains 2022
UPSC Mains Civil Services IAS Exam Question Paper – 2022
Approach
- Introduce the key features and significance of The Representation of the People Act, of 1951.
- Briefly deal with the procedures to decide the disputes arising out of the election of an MP or MLA
- Describe the grounds on which the election of any returned candidate may be declared void.
- Describe the grievance mechanism to attend the aggrieved party against the decision made by RPA,1951.
- Study of the case laws with major key finding judgment.
- Accordingly, conclude it.
Answer
Introduction
The Representation of People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offenses at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
Body
The Representation of the People Act, of 1951 was granted legislative permission to fulfil the conditions mentioned in Article 327 of the Indian Constitution. This law is of the utmost significance given that it concerns how elections are to be conducted throughout the nation. Articles 324-329 of Part XV of the Constitution will detail how elections are conducted in this country and provide the framework for those provisions. Parliament has the right to establish election processes for the national government and state legislatures under the Constitution.
To decide on election disputes, the procedure begins with filing an election petition inquiring into the validity of the Parliamentary or local government elections’ result. The petition shall be filed in the respective High Court by any candidate, or an elector related to the election personally. Moreover, an election petition calling in question an election shall be filed within 45 days from the results declaration date.
The election of a particular candidate can be declared void if the High Court opines that:
The grounds on which the election of any returned candidate may be declared void include:
- Corrupt practices such as bribery, undue influence, or impersonation
- Illegal practices such as the failure to maintain accounts of election expenses or the use of prohibited items such as vehicles, arms, and intoxicants during the election campaign
- Non-compliance with the provisions of the Act or rules made thereunder
- Disqualification of the candidate under the Constitution or any other law in force at the time of the election
- Mistakes, if any, in the electoral roll or in the declaration of the result of the election.
- The aggrieved party against the decision of the Election Tribunal can appeal to the High Court within a period of 45 days from the date of the decision. The decision of the High Court can be further challenged before the Supreme Court.
- There has been any non-compliance with the provisions of the Constitution or RPA.
Certain remedies are available to the aggrieved parties against the order(s) of the High Court. The aggrieved party can file an appeal to the Supreme Court within 30 days from the order of the High Court.
One of the landmark cases related to election disputes is the case of Jagan Nath v. Jaswant Singh (AIR 1954 SC 210). In this case, the Supreme Court held that the burden of proving that the election of a candidate has been materially affected by corrupt practices rests on the petitioner. It also held that the scope of an election petition is limited to the grounds specified under Section 100 of the Act.
In the Azhar Hussain v. Rajiv Gandhi case (1985), the election petition by Azhar Hussain was dismissed both by the High Court and the Supreme Court due to a lack of evidence substantiating the allegation of corrupt practices by the returning candidate.
An application for a stay on the High Court’s order can be made to the High Court. The Supreme Court can also put a stay on the operation of the order made by the High Court based on the aggrieved party’s appeal.
For example, in the Indira Gandhi v. Raj Narain case (1975). Her election was initially voided by the Allahabad High Court on charges of corrupt practices. She later appealed to the Supreme Court which upheld her election.
Another important case related to election disputes is the case of Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405. In this case, the Supreme Court held that the election process must be free and fair, and any infringement of this principle will render the election void. The court also held that the election tribunal has the power to conduct an inquiry into the allegations of corrupt practices even if such practices are not specifically mentioned in the election petition.
Conclusion
The procedures to decide disputes arising out of the election of a Member of Parliament or State Legislature are governed by The Representation of the People Act, 1951. The Act provides for the appointment of Election Tribunals to adjudicate such disputes, and the grounds on which the election of any returned candidate may be declared void are specified under Section 100 of the Act. The aggrieved party against the decision of the Election Tribunal can appeal to the High Court and then to the Supreme Court. The Supreme Court has laid down several important principles related to election disputes in its various judgments.
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