ELECTION PETITION UNDER REPRESENTATION OF PEOPLE ACT 1951
A mechanism which gives an opportunity to a voter or an unsuccessful candidate to inquiring into the validity of the election results of parliamentary or local government elections. It is a method of challenging the election of a candidate Parliamentary, Assembly or local election upon payment of certain fees in accordance with the rules of the concerned High court.
Authority accepting Election petition
An election petition can be filled by any candidate, or an electro relating to the election personally.The appropriate authority to accept the election petitions are the High Court of the particular state in which the election was conducted. Therefore, only the High Courts have the original jurisdiction on deciding on election petitions.
Time Period for filling Election petition
From the date of declaration of results an election petition calling in question an election shall be filed within the time period of forty-five days.
Grounds for filling an Election Petition
The election of a particular candidate can be declared void under section 100 of the Representation of People Act, 1951, if the High Court is of the opinion that:
i. On the date of his election a returned candidate was not qualified or was disqualified to be chosen to fill the seat.
ii. Any corrupt practice (as explained below) has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent.
iii. By improper acceptance of any nomination.
iv. By any improper reception, refusal or rejection of any vote or the reception of any vote which is void.
v. By any non-compliance with the provisions of the Constitution or Representation of People Act 1951 or any rules or orders made under this act.
Corrupt practices as per Representation of People Act, 1951
Under Section 123 of the Representation of People Act, 1951, following are considered corrupt practices:
i. Bribery (any gift, offer, promise or gratification of any sort by the candidate or his/her agent to the voter or to another candidate contesting elections)
ii. Undue influence: direct or indirect influence exercised by the candidate or his/her agent; includes threats, attempts to induce voters or other candidates, declaration of public policy or action or the mere exercise of a legal right etc.
iii. Use of Force/coercion
iv. Appeal by a candidate or his election agent to refrain from voting on grounds of religion, race, caste, community or language. This also includes the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent to improve prospects of the election of that candidate or for affecting the election of any other candidate.
v. Use of national symbols, national emblem, national flag to further the prospect of the election of the candidate or for prejudicially affecting the election of any other candidate.
vi. Publication by the candidate or his election agent of any false statement of fact which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any other candidate, or in relation to his/her candidature. Such a statement can also include a statement which is reasonably calculated to prejudice the prospects of that candidate's election.
vii. Use of/hiring/permanent fixing of vehicles by a candidate or his election agent prohibited under Section 25 and 29(1) of the Representation of People Act, 1951.Making false statements relating to elections expenditure.
viii. Abetting or attempting to obtain the service of government servants for the furtherance of the prospects of elections. These government servants can be gazetted officers, magistrates, members of the armed forces, police officers, excise officers, revenue officers other than the village revenue officers e.g lambardars, deshmukhs etc.
ix. Booth capturing by a candidate or his/her election agent.
Timeline for a trial in an Election petition
The Representation of Peoples Act recommends every election petition shall be tried as expeditiously as possible and as far as practicable for the interests of justice. Every endeavor, its suggests, should be made on the part of the High Court to conclude a trial for an election petition within six months from the date on which the election petition is presented to the High Court for trial.
Communication of final orders of High Court against an Election Petition
The High Court shall as soon as after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission of India and the Speaker of the House or Chairman of the State Legislature as the case may be. The High Court shall also send an authenticated copy of the decision to the ECI.
Appeal to Supreme Court against an order of the High Court
An appeal shall lie to the Supreme Court on any question (whether of law and fact) from every order made by a High Court.
Limitation period for filing an appeal in the Supreme Court
Every appeal shall be preferred within a period of thirty days from the date of the order of the High Court. Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
Examples of election petitions that have been filed.
1. An election petition was filed against Ashok Chavan and Madhu Koda for understating his election expenses on newspaper advertisements during the 2009 elections. Now as per the Supreme Court ruling dated 5th of May, 2013 in the matter of both Mr. Ashok Chavan and Mr. Madhu Koda, the Election Commission has been ordered to conduct an enquiry and decide on the matters within a period of 45 days.
2. Election Commission of India had disqualified Umlesh Yadav (woman MLA from Uttar Pradesh) for filing an incorrect amount of expenses incurred by her during the elections.
3. An election petition had been filed against Indira Gandhi for corrupt electoral practices and she was disqualified from contesting elections for a period of six years.
4. An election petition had been filed against Chidambaram on the grounds of corrupt practices and manipulation of votes.
In the more distant past, bribery, multiple voting, undue or false election expenses and misrepresentation have been common reasons for parliamentary election results to be challenged.
ELECTION PETITION
ELECTION PETITION UNDER REPRESENTATION OF PEOPLE ACT 1951
A mechanism which gives an opportunity to a voter or an unsuccessful candidate to inquiring into the validity of the election results of parliamentary or local government elections. It is a method of challenging the election of a candidate Parliamentary, Assembly or local election upon payment of certain fees in accordance with the rules of the concerned High court.
Authority accepting Election petition
An election petition can be filled by any candidate, or an electro relating to the election personally.The appropriate authority to accept the election petitions are the High Court of the particular state in which the election was conducted. Therefore, only the High Courts have the original jurisdiction on deciding on election petitions.
Time Period for filling Election petition
From the date of declaration of results an election petition calling in question an election shall be filed within the time period of forty-five days.
Grounds for filling an Election Petition
The election of a particular candidate can be declared void under section 100 of the Representation of People Act, 1951, if the High Court is of the opinion that:
i. On the date of his election a returned candidate was not qualified or was disqualified to be chosen to fill the seat.
ii. Any corrupt practice (as explained below) has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent.
iii. By improper acceptance of any nomination.
iv. By any improper reception, refusal or rejection of any vote or the reception of any vote which is void.
v. By any non-compliance with the provisions of the Constitution or Representation of People Act 1951 or any rules or orders made under this act.
Corrupt practices as per Representation of People Act, 1951
Under Section 123 of the Representation of People Act, 1951, following are considered corrupt practices:
i. Bribery (any gift, offer, promise or gratification of any sort by the candidate or his/her agent to the voter or to another candidate contesting elections)
ii. Undue influence: direct or indirect influence exercised by the candidate or his/her agent; includes threats, attempts to induce voters or other candidates, declaration of public policy or action or the mere exercise of a legal right etc.
iii. Use of Force/coercion
iv. Appeal by a candidate or his election agent to refrain from voting on grounds of religion, race, caste, community or language. This also includes the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent to improve prospects of the election of that candidate or for affecting the election of any other candidate.
v. Use of national symbols, national emblem, national flag to further the prospect of the election of the candidate or for prejudicially affecting the election of any other candidate.
vi. Publication by the candidate or his election agent of any false statement of fact which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any other candidate, or in relation to his/her candidature. Such a statement can also include a statement which is reasonably calculated to prejudice the prospects of that candidate's election.
vii. Use of/hiring/permanent fixing of vehicles by a candidate or his election agent prohibited under Section 25 and 29(1) of the Representation of People Act, 1951.Making false statements relating to elections expenditure.
viii. Abetting or attempting to obtain the service of government servants for the furtherance of the prospects of elections. These government servants can be gazetted officers, magistrates, members of the armed forces, police officers, excise officers, revenue officers other than the village revenue officers e.g lambardars, deshmukhs etc.
ix. Booth capturing by a candidate or his/her election agent.
Timeline for a trial in an Election petition
The Representation of Peoples Act recommends every election petition shall be tried as expeditiously as possible and as far as practicable for the interests of justice. Every endeavor, its suggests, should be made on the part of the High Court to conclude a trial for an election petition within six months from the date on which the election petition is presented to the High Court for trial.
Communication of final orders of High Court against an Election Petition
The High Court shall as soon as after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission of India and the Speaker of the House or Chairman of the State Legislature as the case may be. The High Court shall also send an authenticated copy of the decision to the ECI.
Appeal to Supreme Court against an order of the High Court An appeal shall lie to the Supreme Court on any question (whether of law and fact) from every order made by a High Court.
Limitation period for filing an appeal in the Supreme Court Every appeal shall be preferred within a period of thirty days from the date of the order of the High Court. Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
Examples of election petitions that have been filed.
1. An election petition was filed against Ashok Chavan and Madhu Koda for understating his election expenses on newspaper advertisements during the 2009 elections. Now as per the Supreme Court ruling dated 5th of May, 2013 in the matter of both Mr. Ashok Chavan and Mr. Madhu Koda, the Election Commission has been ordered to conduct an enquiry and decide on the matters within a period of 45 days.
2. Election Commission of India had disqualified Umlesh Yadav (woman MLA from Uttar Pradesh) for filing an incorrect amount of expenses incurred by her during the elections.
3. An election petition had been filed against Indira Gandhi for corrupt electoral practices and she was disqualified from contesting elections for a period of six years.
4. An election petition had been filed against Chidambaram on the grounds of corrupt practices and manipulation of votes.
In the more distant past, bribery, multiple voting, undue or false election expenses and misrepresentation have been common reasons for parliamentary election results to be challenged.
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