← All questionsGS2 · 2022 · Polity ·Election Disputes under the RPA, 1951
QUESTION 11
GS2
15 marks

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.

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11 min
250 words
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What the examiner wants

Explain the procedure for election petitions, the grounds for declaring an election void, and the remedy against the decision, with case law.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1Procedure: election petition in the High Court within 45 days (Section 81), trial by a single judge, aim to finish in six months≈50 words
  2. 2Grounds (Section 100): disqualification, corrupt practices, improper acceptance or rejection of nomination, non-compliance with the Constitution or the Act≈50 words
  3. 3Remedy: appeal to the Supreme Court within 30 days (Section 116A)≈50 words
  4. 4Case law≈50 words

Open in about 30 words and close in about 30.

Answer plan

Article 329(b)Filing and trialGroundsAppealCasesIssues (delay)Conclusion

Where marks usually go

  • Answering only one or two of the three questions asked
  • Not citing any case even though the question asks for case law

Draw this

  • Flow chart: petition in HC → trial → judgment → appeal to SC

Value addition

  • Case lawIndira Nehru Gandhi v. Raj Narain (1975): the Allahabad High Court voided Indira Gandhi's election for corrupt practices; the 39th Amendment that tried to shield it was partly struck down.Supreme Court of India, 1975
  • Case lawAbhiram Singh v. C.D. Commachen (2017): appeal on grounds of religion, race, caste or language of the voter or candidate is a corrupt practice under Section 123(3).Supreme Court of India, 2017

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