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. (UPSC CSE Mains 2022 - General Studies Paper 2)
The Representation of People Act, 1951 was passed by the Parliament in accordance with Article 327 of the Constitution of India.
- This Act makes provisions for the conduct of elections in India.
- It also talks about corruption and other illegal activities related to elections.
- The Act makes provisions for dispute redressal in matters connected to elections.
- It also talks about the qualification as well as grounds for the disqualification of MPs and MLAs.
Procedure to decide Election Disputes under RPA
- Presentation of Election Petitions to High Court:
- Jurisdiction lies with the High Court – by a Single Judge & Chief Justice & their assigned Judge/s.
- Election petitions: Election petition by the provisions laid.
- Presentation of petitions: By candidate/elector to be within 45 days of the date of the election.
- Trial of Election Petitions:
- Procedure before the High Court: Petition shall be tried by the procedure applicable under Code of Civil Procedure, 1908 & Indian Evidence Act, 1872.
- The decision of the High Court: High Court shall make an order for dismissing the election petition/declaring the election any/all of the returned candidates to be void /void /another candidate to have been duly elected.
Grounds for Disqualification
- Under Section 8:
- The offence of bribery, promoting social crimes such as dowry, sati, etc.
- Protection of Civil Rights Act, 1955, which provides for punishment for the preaching and practice of “untouchability”
- The offence of insulting the Indian National Flag or the Constitution of India and preventing the singing of the National Anthem.
- A person convicted of an offense punishable under the offense of promoting enmity between different groups on the ground of religion, race, place of birth, residence, language, etc.
- Offences relating to rape, cruelty towards a woman by husband or relative of a husband.
- The person convicted of any offense and sentenced to imprisonment for not less than two years.
- Under Sections 9 and 9A, disqualification for Government contracts, dismissal for corruption or disloyalty, etc. (Basant Soren Case)
- Under Section 10 of the Act, disqualification for office under Government company.
- Under Section 10 A, disqualification for failure to lodge an account of election expenses. (Sunny Deol Case).
Case references
- Abhiram Singh v/s E.D. Commachen case: The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, and community was considered unconstitutional.
- Lily Thomas v/s Union of India: a three-month window available to legislators to appeal against their conviction to effectively delay their disqualification until such appeals were exhausted and declared unconstitutional.
- Jan Chaukidari v Union of India: all those in lawful police or judicial custody, other than those held in preventive detention, will forfeit their right to stand for election
Remedy
- Appeals to Supreme Court: Appeal can be made to the Supreme Court within 30 days of the order of the High Court.
- Disqualification of any legislator will be decided by the President (in case of a member of Parliament) or Governor (in case of a member of the state Assembly).
- The President and Governor will act as per the advice of the Election Commission.
- The Election Commission has been given the power of a civil court in case of any inquiry related to it.
- The Election Commission may also, for reasons to be recorded, remove any disqualification.
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