Election Petition : Election Results Challenged
Source : Indian Express
GS II : Representation Of People’s Act
Approach “Election Petition : Election Results Challenged” : Mains and Prelims
- What is election petition ?
- What happens if RP Act violated by a candidate ?
- Instances from Past
- Representative of the People Act of 1951
Why in News ?
West Bengal Chief Minister has filed an election petition in the Calcutta High Court challenging the Assembly election result of Nandigram constituency, where she had contested and lost.
- The winner’s election be declared void on grounds of corrupt practice and discrepancies in the counting procedure conducted by the Returning Officer.
- Poll Results Are Challenged and Falls under Section 123 of the RP Act.
Key Facts on Election Petition : Election Results Challenged
- What is election petition ?
- Election Commission’s role ends with the declaration of results that is once the Returning Officer has signed the final result sheet the Form 20.
- Election petition is the only legal remedy available to a voter or a candidate who believes there has been malpractice in an election.
- Such a person can challenge the result through an election petition submitted to the High Court of the state in which the constituency is located.
- Time period : Filed within 45 days from the date of the poll results.
- Representative of the People Act of 1951 : High Court should try to conclude the trial within six months
- Usually drags on for much longer, even years.
- Grounds for petition Filing under various Section of the RP Act
- The winning candidate was not qualified to contest on the day of the election.
- The winning candidate, his poll agent or any other person with the consent of the winning candidate has indulged in a corrupt practice.
Image : Unsplash - Section 123 of the RP Act has a detailed list of what amounts to corrupt practice, including bribery, use of force or coercion, appeal to vote or refrain from voting on grounds of religion, race, community, and language.
- Improper acceptance of the nomination of the winning candidate or improper rejection of a nomination.
- Malpractice in the counting process which includes improper reception, refusal or rejection of any vote, or the reception of any vote which is void.
- Non-compliance with the provisions of the Constitution or the RP Act or any rules or orders made under the RP Act.
- What happen if Violations found ?
- Under Section 84 of the RP Act
- The petitioner may ask that the results of all or the winning candidates may be declared void.
- In addition to that, the petitioner may also ask the court to declare her (in case the petition is filed by a candidate) or any other candidate as the winner or duly elected.
- This may leads to fresh election or the court announcing a new winner.
- Under Section 84 of the RP Act
- Instances from Past
- Allahabad High Court verdict of 1975 which set aside Indira Gandhi’s election from Rae Bareli constituency.
- Under a corrupt practice under Section 123 (7) of the RP Act.
- In Rajasthan 2008 Kalyan Singh Chouhan’s election declared void since it was found that Chouhan’s wife had cast her vote twice.
- He won with a margin of one vote.
- Allahabad High Court verdict of 1975 which set aside Indira Gandhi’s election from Rae Bareli constituency.
Representative of the People Act of 1951
- Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State.
- Provided the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
- RP Act contains contains 13 parts (2 parts added as amendments).
- Corrupt practices are mentioned in section 123.
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