Q. 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: 

Representation of the People Act, 1951 (RoPA)

Representation of the People Act, 1951 (RoPA) is a comprehensive legislation that governs the conduct of elections in India for the Parliament, State Legislatures, and offices of the President and Vice-President. It outlines the procedures for deciding disputes arising out of elections and the grounds on which the election of any returned candidate may be declared void.

Procedures to decide disputes:

Election disputes are decided through Election Petitions, as per Part VI (Sections 80-116) of the RoPA, 1951. The key aspects of the procedure are:

a. Filing of the Election Petition: An election petition can be filed by any candidate or elector from the concerned constituency within 45 days of the declaration of the election result, challenging the election of a returned candidate (Section 81).

b. Venue and jurisdiction: The High Court has jurisdiction over election petitions concerning state legislature elections, while election petitions for Parliament are heard by the High Court of the state where the constituency is located (Section 80A).

c. Trial and decision: The High Court will conduct a trial, hear the parties, take evidence, and decide on the matter. The court has the power to declare the election void or pass any other orders as it deems fit (Section 98-99).

d. Appeal: An appeal against the High Court’s decision can be made to the Supreme Court within 30 days of the decision (Section 116A).

Grounds for declaring an election void:

According to Section 100 of the RoPA, 1951, an election may be declared void under the following circumstances:

a. Non-compliance with the provisions of the Constitution or RoPA, which affected the election’s result.
b. The returned candidate was not qualified to contest the election.
c. The returned candidate committed a corrupt practice (as defined in Section 123).
d. Obtaining or procuring assistance from government servants or others in contravention of Section 99B.
e. Tampering with electronic voting machines (EVMs) or any other electoral malpractices.

Remedy for the aggrieved party:

The aggrieved party can appeal to the Supreme Court against the decision of the High Court under Section 116A of the RoPA, 1951. The Supreme Court’s decision on the matter is final.

Case laws:

Some landmark cases pertaining to election disputes include:

a. Ramendra K. Singh v. Pradyumansinhji L. Baroda (1975): The Supreme Court clarified that the burden of proof in an election petition is on the petitioner and that the election can only be declared void if the petitioner proves the grounds beyond reasonable doubt.

b. Raj Narain v. Indira Gandhi (1975): The Allahabad High Court declared the election of then Prime Minister Indira Gandhi void on grounds of corrupt practices. This case led to significant political turmoil and the imposition of the Emergency in India.

These procedures and grounds, as provided under the Representation of the People Act, 1951, ensure the proper resolution of disputes arising from elections and maintain the democratic integrity of the Indian political system.