Sample Answer
Introduction
Adjudication of disputes regarding elections of a candidate in Parliament or State Assembly constituency must be initiated through an election petition to the respective High Court (HC) (Single Bench) under Section 80A of the Representation of the People Act, 1951(RPA).
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Procedure to be followed for Election Petition
- Filing of Election Petition - by any candidate or an elector to HC
- Time Period - within 45 days from the date of declaration of results.
- Particulars – petition should clearly state the grievance or any corrupt practice alleged by the petitioner.
- Petition must contain Relief claimed by the candidate
Grounds of Declaring Election Void of Returned Candidate
- Candidate Not Qualified to contest elections as per law.
- Any Corrupt Practice committed by the candidate or his election agent or by other person with candidate’s consent.
- Improper rejection of nomination
- Impact on Election Results due to
- Improper acceptance or nomination of candidate
- Committing corrupt practice at the behest of the candidate
- Rejecting Valid votes and accepting invalid votes
- Non-compliance of constitutional, electoral or other laws
Remedies Available
- If grievances are not redressed by the HC, then an appeal can be filed in the Supreme Court (SC) within 30 days from the order of HC under Section 116A.
- An aggrieved candidate can also file an application to the HC to stay its order.
- Copy of Stay Order of HC or SC shall be sent to the Election Commission and the Speaker/Chairman of Parliament or State assembly.
Conclusion
In Indira Gandhi v Raj Narain, Allahabad HC invalidated Mrs. Gandhi’s election on grounds of “corrupt practice” under Section 123(7) for employing gazette officer as her election agent.
Thus, RPA 1951 along with state specific Conduct of Election Rules have provided adequate safeguards to challenge corrupt practices during conduct of elections.