ELECTION MATTERS IN THE SUPREME COURT OF INDIA
How to file Election Matters in the Supreme Court of India?
Through the best lawyer in the Supreme Court
ELECTION MATTERS –
The Representation of People Act, 1951 was passed by the Parliament in accordance with Article 327 of the Constitution of India. This legislation deals with the conduct of elections in the country and is hence a very important one.
Articles 324 to 329 of Part XV of the Indian Constitution provides for the country’s electoral system. The Constitution confers upon the Parliament the power to enact laws for all matters connected with elections to the Parliament and the State Legislature.
· The government introduced the first RPA in 1950 in order to regulate elections in the country.
· This Act makes provisions for:
· Seat allocation in the Lok Sabha and the Legislative Assemblies through direct elections.
· The voters’ qualifications for the elections.
· The delimitation of constituencies for both Lok Sabha and Assembly elections. The extent of the constituencies would be determined by the Delimitation Commission.
· The Indian President can alter the constituencies after due consultation with the Election Commission.
· Preparation of the electoral roll. A person cannot be enrolled for over one constituency. He or she can be disqualified and barred from voting if found to be of unsound mind or is not an Indian citizen.
Representation of the People (Amendment) Act, 1966
· This Amendment abolished election tribunals. Election petitions were now transferred to High Courts.
· But disputes in connection with the presidential and vice-presidential elections are heard directly by the Supreme Court of India.
A person found guilty of any of the following shall be disqualified for a period of 6 years to contest elections after release from jail:
· Promoting hatred and enmity between classes
· Influencing elections
· Bribery
· Rape or other grave crimes against women
· Spreading religious disharmony
· Practising untouchability
· Importing or exporting prohibited goods
· Selling or consuming illegal drugs as well as other chemicals
· Engaging in terrorism in any form
· Have been imprisoned for at least two years.
What are the offences pertaining to elections defined in the RPA 1951?
1. Promoting hatred and enmity.
2. Breach of official duty and providing support to any candidate.
3. Booth capturing and removing ballot papers.
4. Engaging in the sale of liquor within 2 days before the conclusion of polling.
5. Announcing public meetings within 48 hours before voting and also causing disturbances.
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Ø Matters challenging election of President & Vice-President of India
Ø Elections relating to Municipal Councils
Ø Appeals u/s 116 A of Representation of People Act, 1951.
Ø Disqualification & expulsion of MPs/MLAs
Ø Elections relating to Gram Panchayats and Zila Parishad
Ø Matters under Representation of Peoples Act Involving corrupt practices
Ø Matters relating to re-counting of votes
Ø Matters under the Co-operative Societies Act
Ø University election matters
Ø Delimitation of Constituency
Ø Matters challenging Elections of MPs and MLAs
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List of Adv. Jayprakash Somani’s Books
1. Election Matters- Supreme Court’s Latest Leading Case Laws
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