Prepare IAS Coaching
Title : Electoral Petition/Poll Pleas
Date : Nov 27, 2021
Topic à Electoral reforms
- About Electoral Petition/Poll Pleas:
- The Election Commission's duty stops with the declaration of results; after that, a voter or a candidate who believes there has been election malpractice has just one legal remedy: file an election petition.
- Such a person can file an election petition with the High Court of the state in which the constituency is located to contest the results.
- The petition must be filed within 45 days of the poll results; after that, the courts will not accept it.
- Despite the fact that the Representative of the People Act (RP Act) of 1951 requires the High Court to strive to complete the trial within six months, it generally takes much longer, even years.
- Section 100 of the RP Act specifies the grounds for filing an election petition:
- The winning candidate was ineligible to run for office on election day.
- A corrupt practise has been committed by the winning candidate, his poll agent, or anybody else with the winning candidate's approval.
- Accepting the victorious candidate's nomination incorrectly or rejecting a nomination incorrectly.
- Malpractice in the counting process, including faulty reception, refusal or rejection of any vote, or receipt of a void vote.
- Non-compliance with the Constitution, the RP Act, and any rules or orders issued under the RP Act.
- If the petitioner wins (Section 84 of the RP Act), the petitioner can apply for the results of all or some of the winning candidates to be declared void.
- In addition, if the petition is brought by a candidate, the petitioner may ask the court to declare her (or any other candidate) as the winner or duly elected.
- If the petitioner wins an election petition, the court may order a new election or declare a new winner.
- Election Results that Have Been Ruled Null and Void in the Past:
- The most notable is the Allahabad High Court judgement of 1975, which overturned Indira Gandhi's four-year-old election from the Rae Bareli constituency due to alleged corruption.
- Provisions of the 1951 RP Act:
- It regulates how elections and by-elections are held.
- It supplies the administrative infrastructure for holding elections.
- It has to do with political party registration.
- Bribery, the use of force or coercion, and the appeal to vote or refrain from voting on the basis of religion, race, community, or language are all examples of corrupt practises listed in Section 123 of the RP Act.
- It lays out the requirements and disqualifications for House membership.
- It includes laws to combat corruption and other crimes.
- It lays out the method for resolving election-related concerns and controversies.
- Source à The Hindu à 27/11/21 à Page 6
Tags : Representation of people act, Section 100 of the RP Act