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.

The resolution of disputes concerning the election of a candidate in a Parliament or State Assembly constituency should commence by filing an election petition with the respective High Court (HC) (Single Bench) in accordance with Section 80A of the Representation of the People Act, 1951 (RPA).

Procedure for Filing an Election Petition:

1. Filing: Any candidate or elector must file an election petition with the High Court (HC).
2. Time Period: The petition should be filed within 45 days from the date of declaration of results.
3. Particulars: The petition must clearly state the grievance or alleged corrupt practice.
4. Relief Claimed: The petition should specify the relief sought by the candidate.

Grounds for Declaring Election Void:

The grounds for declaring the election of the returned candidate as void may include:

• The candidate is not qualified to contest elections as per the law.
• Corrupt practices committed by the candidate, election agent, or others with the candidate’s consent.
• Improper rejection of nomination.
• Impact on election results due to improper acceptance or nomination of a candidate.
• Committing corrupt practices at the candidate’s behest.
• Rejecting valid votes and accepting invalid votes.
• Non-compliance with constitutional, electoral, or other laws.
• Failed to submit a report of their election expenses within the designated timeframe.
• Possesses an interest in government contracts, works, or services.
• Holds a position as a director, managing agent, or in an office of profit in a corporation where the government holds at least a 25% share.
• Has been dismissed from government service due to corruption or disloyalty to the State.
• Has been convicted of promoting hostility between different groups or engaging in the act of bribery.
• Has received punishment for preaching and engaging in social crimes such as untouchability, dowry, and sati.

Remedies Available:

1. Appeal: If the HC does not redress the grievances, an appeal can be filed in the Supreme Court (SC) within 30 days from the HC’s order under Section 116A.
2. The questioning of an election can also be done through an election petition, which is heard in the High Court and can be appealed to the Supreme Court. These petitions serve as a means of addressing grievances for the parties involved.
3. Notification: A copy of the stay order from the HC or SC should be sent to the Election Commission, as well as the Speaker/Chairman of Parliament or State Assembly.
4. Regarding the disqualification of a legislator, the ultimate authority to decide lies with the President (for Members of Parliament) and the Governor (for Members of the State Legislature).
   • However, the President or Governor must act based on the advice provided by the Election Commission of India.
5. In the event of an inquiry, the Election Commission is granted the powers of a civil court to summon individuals and enforce the attendance of witnesses or evidence.
6. Furthermore, after a legislator has been disqualified, the Election Commission may, under certain circumstances, remove the disqualification or reduce its duration.

Some Case Laws:

1. Krishnamoorthy v. Sivakumar, (2015)
2. Rahul Singh Lodhi v. Chanda Singh Gour (2022)
3. Indira Gandhi v Raj Narain (1975)

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