The Representation of the People Act, 1951, outlines comprehensive procedures for resolving election disputes involving Members of Parliament and State Legislatures.

Q.11 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.

Model Answer:

Introduction

The Representation of the People Act, 1951, is a comprehensive legislation that governs the conduct of elections in India. Its primary objective is to ensure free and fair elections to the Parliament and State Legislatures.

Body

The procedure to decide disputes arising out of the election of a Member of Parliament or State Legislature is as follows:

  • Election Petition: Any candidate or voter can file an election petition in the High Court of the respective state within 45 days of the election results.
  • Trial: The High Court conducts a trial, similar to a civil case, where both parties present evidence and arguments.
  • Judgement: The High Court may dismiss the petition, declare the election void, or declare another candidate as duly elected.
  • Appeal: An aggrieved party can appeal to the Supreme Court within 30 days of the High Court's decision.

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The grounds on which the election of any returned candidate may be declared void include:

  • Corrupt Practices: Bribery, undue influence, and booth capturing.
  • False Statement: False declaration of assets or educational qualifications.
  • Non-Compliance: Violation of the provisions of the Constitution or the Representation of the People Act, 1951.
  • Disqualification: If the candidate was not qualified or was disqualified to be chosen to fill the seat.

In the case of Jyoti Basu vs Debi Ghosal (1982), the Supreme Court held that an election petition is a statutory proceeding and not a common law right. It emphasised that the right to contest an election or to question an election is purely statutory.

Another significant case is Indira Nehru Gandhi vs Raj Narain (1975), where the Supreme Court laid down guidelines for the conduct of free and fair elections and emphasised the importance of judicial review in election disputes.

Conclusion

The Representation of the People Act, 1951, plays a crucial role in maintaining the integrity of the electoral process. The judiciary ensures the act's fair application by providing necessary guidelines and judgments, thereby upholding the democratic principles of the nation.

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