UNIVERSITY INSTITUTE OF LAWS
PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA
SUBJECT:ELECTION LAW
TOPIC: DISPUTE REGARDING ELECTION PETITION
SUBMITTED BY: SUBMITTED TO:
Abhishek Mrs.Banveer Kaur
Rollno.66/20
INTRODUCTION
Election petition means a method for challenging the legitimacy of the results of
parliamentary or local government elections. In other words, it is a legal way of
contesting a candidate's election in a Parliamentary, Assembly, or local election.
The "High Court" shall be the authority for presenting election petitions under
Article 329(b) of the Constitution, according to Section 80-A of the Representation
of the People Act, 1951.
CONCEPT OF ELECTION PETITION:
1. An election petition is a legal remedy accessible to a voter or a
candidate who feels there has been electoral malpractice.
2. An election petition is not regarded as a regular civil matter, but
rather as a fight in which the entire constituency is participating.
3. Election petitions are heard by the High Court of the state in
question, and if upheld, the election in that constituency may be
rescheduled.
4. A petition of this nature must be filed within 45 days after the date of
the poll results; anything filed beyond that is not considered by the
courts.
5. Although the Representative of the People Act (RP Act) of 1951
requires the High Court to try to complete the trial within six months,
it generally takes considerably longer, even years.
6. The High Court should notify the Election Commission of India and
the Speaker of the House or the Chairman of the State Legislature of
the content of its judgement as soon as possible after the end of the
trial of an election petition.
7. The High Court must also provide the ECI an authorised copy of the
ruling.
8. If the ruling on an election petition is in favour of the petitioner, the
court may order a new election or declare a new winner.
9. Every decision made by a High Court is subject to an appeal to the
Supreme Court on any matter.
GROUNDS OF ELECTION PETITION:
Section 100 of the Representation of the People Act, 1951, allows the
election of a certain candidate to be ruled null and invalid.
An election petition can be filed on one or more of the following grounds:
On the day of his election, a returning candidate was ineligible or
disqualified to fill the seat.
A returned candidate or his election agent, or any other person with the
approval of a returned candidate or his election agent, has engaged in any
corrupt activity (as defined below).
Improper acceptance of any nomination.
By improperly receiving, refusing, or rejecting any vote, or receiving an
invalid vote.
Any violation of the provisions of the Constitution or RPA, or any rules or
directives issued under this act.
Que.What are the Corrupt practices?
The following are considered corrupt acts under Section 123 of the
Representation of the People Act, 1951:
Bribery (any gift, offer, promise, or pleasure of any kind made by the
candidate or his/her agent to the voter or another candidate running for
office)
Undue influence: direct or indirect influence exercised by the candidate
or his/her agent; includes threats, efforts to convince voters or other
candidates, statement of public policy or action, or the simple exercise of
a legal right, among other things.
A candidate or his election agent requests that voters refrain from voting
on the basis of religion, race, caste, community, or language.
Use of national symbols, national emblems, and national flags to advance
the candidate's election prospects or to negatively impact the election of
any other candidate.
False statements made by the candidate or his election agent. A remark
of this type can also include one that is reasonably designed to harm the
chances of that candidate's election.
Making incorrect statements about election expenditure.
Attempting to gain the services of government employees in order to
advance electoral prospects. These government employees may include
gazetted officers, magistrates, members of the armed forces, police
officers, excise officers, revenue officers, and others.
Booth capturing by the candidate of election agent.
Que. Where to be election petition filed?
Elections petitions are filled in THE HIGH COURT OF PARTICULAR STATE in which
the elections are conducted.
TRIAL OF ELECTION PETITION
Section 86 said that:
The High Court shall dismiss an election petition which does not comply
with the provisions of section 81 or section 82 or section 11.
As soon as may be after an election petition has been presented to the High
Court, it shall be referred to the Judge or one of the Judges who has or have
been assigned designated by the Chief Justice as the election bench for the
trial of election petitions under sub-section (2) of section 80A.
Every election petition shall be tried as expeditiously as possible and trial
shall be concluded within six months from the date on which the election
petition is presented to the High Court for trial.
The respondent(s) shall file the written statement within forty-five days
from the date of service of summons.
The trial of an election petition shall, so far as is practicable consistently
with the interests of justice in respect of the trial, be continued from day to
day until its conclusion, unless the High Court finds the adjournment of the
trial beyond the following day to be necessary for reasons to be recorded.
Every election petition shall be tried as expeditiously as possible and
endeavour shall be made to conclude the trial within six months from the
date on which the election petition is presented to the High Court for trial.
Section 98 Decision of the High Court:
At the conclusion of the trial of an election petition [the election bench of
the High Court] shall make an order-
dismissing the election petition; or
declaring the election of [all or any of the returned candidates] to be void;
or
declaring the election, of [all or any of the returned candidates] to be void
and the petitioner or any other candidate to have been duly elected.
