Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or…

Question

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.

Ghissu Editorial · Accepted Answer

Election disputes under the Representation of the People Act, 1951 are settled only by a petition in the High Court within 45 days, which may void an election under Section 100 for disqualification, corrupt practice or material irregularity. The aggrieved party can appeal to the Supreme Court within 30 days under Section 116A.

**Introduction**

Article 329(b) bars any challenge to an election to Parliament or a State Legislature except through an election petition under the Representation of the People Act, 1951, and N.P. Ponnuswami (1952) held courts cannot intervene before the result.

**Procedure to Decide Election Disputes**

SKETCH: flow | Election Petition Route
- Result declared
- Petition in High Court
- Trial under CPC
- Order under Sections 98-99
- Appeal to Supreme Court

1. **High Court forum**: Under Sections 80A and 81, any candidate or elector files in the High Court within 45 days, with an affidavit supporting any corrupt-practice charge (Section 83).
2. **Trial and order**: Defective petitions are dismissed under Section 86 (Azhar Hussain, 1986); trial follows the CPC, should end in six months, and closes with dismissal, a void election or another candidate declared elected.

**Grounds to Declare an Election Void**

1. **Disqualification and corrupt practice**: Section 100(1)(a)-(b) voids an election if the winner was not qualified or committed a Section 123 corrupt practice, as in Indira Gandhi v Raj Narain (1975).
2. **Nomination and counting errors**: Improper rejection of a nomination voids the election outright; improper acceptance, wrongly counted votes or breach of the rules do so if the result was materially affected, and Krishnamoorthy (2015) treated hidden criminal antecedents as undue influence.

**Remedy Against the Decision**

1. **Appeal and stay**: Section 116A allows an appeal to the Supreme Court within 30 days, and Section 116B a stay of the order.
2. **Corrupt-practice referral**: Under Section 8A the President decides disqualification of up to six years on the Election Commission's opinion.

**Way Forward**

1. **Faster disposal**: Dedicated election benches would make the six-month rule, and so the remedy, real.

**Conclusion**

The petition route shields the poll process yet unseated even a Prime Minister in 1975; speedy disposal keeps free and fair elections a living basic feature.

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