Election Laws

 

Statute

1. Representation of People Act of 1951

Section 123 of RP Act 

1. List certain corrupt practices which, if proved successful, can be grounds to declare the election of a candidate void.
2. 123(7) RP Act - Expressly prohibits the procuring of  assistance of Government servants, as they cannot ignore the order of the ruling party 

Section 77 of RP Act

1. Deals with election expenses
2. Retrospectively amended by Ordinance by IG of overide the Judgment of Amart nath Chawla

Important Points

1. RP Act specifies that a person becomes a candidate when he starts holding himself out as a candidate.
2. Petition challenging election of a particular candidate has to be filed within 45 days from date of declaration of the election Result.
3. Election petitions should be filed with High Court at first Instance, exercises powers similar to a trail court.
1. Cross Examination of witness
2. Detail examination of evidence 
4. Amendments to Petition under Section 86(5) of RP Act 
1. High Court if it deems fit may allow the particulars of any corrupt practice alleged in the petition to be amended or amplified to ensure a fair and effective trail of the petition.
2. Opposition to amendment - having an effect of introducing particulars of a corrupt practice not previously alleged in petition
3. if amendment is rejected, Special Leave petition with SC 
4. To allow amendment against Opposition
1. allegations made flow as a necessary implication
2. Corrupt practice has got to be strictly proved it does not follow that a pleading in elections proceedings should receive a strict construction.
5. Mens rea ( Criminal Intent ) is NOT essential for a corrupt practice to be proved.
6. Administrative Order cannot by-pass Statutory provision.
1. If it is provided in the statute that certain acts are illegal, they cannot be made legal by any administrative order

Case Law

1. Amar Nath Chawla - 
1. Expenditure incurred by any person with the consent or acquiescence of a candidate or any expenditure of which a candidate takes advantage, or fails to disavow, SHALL be treated as expenditure impliedly authorized by the candidate within the meaning of the section
2. Justice P.N Bhagwati
1. A small man's chance is the essence of Indian Democracy and that would be stultified if large contributions from rich and affluent group are NOT divorced from the electoral process.
2. Y. S . Parar Case
1. The Court held that very fact that the polling agent was a member of the Armed forces was enough to attract a corrupt practice even though the candidate at that time was ignorant of the fact.
3. Chenna Reddy Case
1. The Court had drawn an adverse inference agains the respondent for non-production of relevant witnesses.

Famous Cases

1. Indira Gandhi Vs Raj Narain 1973 ADM Jabalpur - link
1. IG was disqualifed as her election agent Yashpal Kapur, the DM of Rae Bareli, the SP of Rae Bareli and Home Secretary of UP arranged for rostrum, loudspeakers and barricades to setup in connection with her election tour in Feb 1 and Feb 25 of 1971
2. Which was held, amounts to corrupt practice under 123(7) of RP act
3. PM was cross examined 
2. President V.V Giri, testified before the Supreme Court in his election petition

Source