Q. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (250 words, 15 Marks)
Why the Question?
UPSC PYQ – CSE Mains – 2022
Keywords of the Question
- Procedures to decide the disputes
- Election of a Member of the Parliament or State Legislature
- Representation of the People Act, 1951
- Election of any returned candidate may be declared void
- Remedy available to the aggrieved party
- Case laws
Directive Word
Discuss – Essentially this is a written debate where you are using your skill at reasoning, backed up by carefully selected evidence to make a case for and against an argument, or point out the advantages and disadvantages of a given context. Remember to arrive at a conclusion
How to approach this Question?
1. Introduction
- Briefly state The Representation of the People Act, 1951.
- Mention the Act’s role in resolving election-related disputes for Parliament and State Legislature elections.
2. Body
- Procedures for Resolving Disputes:
- Filing an Election Petition
- Judicial Examination
- Appeal Process
- Grounds for Declaring Election Void:
- Corrupt Practices
- Electoral Malpractices
- Candidate’s Ineligibility
- Remedies Available:
- High Court Decision
- Supreme Court Appeal
- Quote Case Laws wherever necessary
3. Conclusion
- Recap of Procedures and Grounds: Summarize key points on dispute resolution and grounds for declaring elections void.
- Significance: Emphasize the importance of these procedures in maintaining electoral integrity.
- Role of Courts: Highlight the role of judicial oversight in ensuring fair elections.
Note: Please note that the following ‘answers’ are not ‘model answers’ nor are they synopses in the strictest sense. Instead, they are content designed to meet the demands of the question while providing comprehensive coverage of the topic.
Answer Key
Introduction
The Representation of the People Act, 1951, provides a comprehensive framework for resolving disputes related to the election of Members of Parliament and State Legislatures, ensuring electoral integrity and fairness.
Body
Procedures for Resolving Election Disputes:
- Filing an Election Petition: An aggrieved party must file an election petition within 45 days from the date of the declaration of election results before the High Court (Section 81). The petition must challenge the validity of the election based on specified grounds.
- Judicial Examination: The High Court reviews the petition, assesses evidence, and conducts hearings to determine if the election adhered to legal requirements. The court can nullify the election if it finds significant irregularities (Section 100).
- Appeal to Supreme Court: If the party is dissatisfied with the High Court’s decision, they can appeal to the Supreme Court within 30 days (Section 116A). The Supreme Court’s ruling is final and conclusive, ensuring a definitive resolution of the dispute.
Grounds for Declaring an Election Void:
- Corrupt Practices: The election can be declared void if it is proven that the returned candidate engaged in corrupt practices, such as bribery or undue influence (Section 123). For instance, in Raj Narain v. Indira Gandhi (1975), the Supreme Court declared the election void due to evidence of corrupt practices.
- Electoral Malpractices: Elections can be annulled if there are significant violations of electoral laws, affecting the fairness of the election (Section 100(1)(d)). In L. Chandra Kumar v. Union of India (1997), the High Court found substantial electoral malpractices.
- Candidate’s Ineligibility: An election may be voided if the candidate did not fulfill eligibility criteria at the time of the election (Section 100(1)(c)).
Remedies Available:
- High Court’s Decision: The High Court can declare the election void, order a re-election, or provide other appropriate remedies.
- Supreme Court Appeal: The aggrieved party may seek a conclusive judgment from the Supreme Court, which serves as the final appellate remedy.
Conclusion
The procedures outlined in The Representation of the People Act, 1951, ensure a fair resolution of electoral disputes, upholding the democratic process. By providing clear grounds for declaring elections void and remedies for the aggrieved, the Act maintains electoral integrity and accountability. The judicial oversight by the High Court and the Supreme Court plays a crucial role in safeguarding democratic principles.