Why in the News?
The Supreme Court for the very first time has recounted EVM votes on its premises and overturned a Haryana sarpanch election result.
Legal Framework for Challenging Election Results:
- Parliamentary, Assembly, State Council elections: Validity can be challenged by filing an election petition in the High Court of the state where the election was held.
- Local government elections: Petitions must be filed at district-level civil courts.
- Eligibility to file: Only a candidate or elector related to the election can file.
- Timeframe: Petition must be filed within 45 days of result declaration.
- Petition requirements:
- Must contain concise statement of material facts.
- Allegations of “corrupt practices” must include names of individuals, dates, and locations.
- Judicial Approach:
- SC considers corrupt practices as quasi-criminal, requiring high standard of proof.
- Vague or ambiguous petitions are dismissed.
- Legal Basis:
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- Representation of the People Act, 1951.
- State Panchayat Raj Acts.
Grounds for Invalidating an Election:
Courts can void an election on:
- Bribery or undue influence, e.g., hiding criminal antecedents or promoting enmity.
- Candidate disqualified/unqualified on the election date.
- Improper rejection of nomination paper.
- Improper acceptance of nomination or improper reception/rejection of votes, if shown to materially affect results.
- Non-compliance with Constitution or election laws/rules, if it materially impacted the outcome.
When can Courts order Recount of Votes?
- A recount is a possible judicial remedy but not granted lightly.
- Seen as affecting vote secrecy, which is vital to free and fair elections.
- Courts order recounts only if:
- Petitioner presents specific material facts.
- Evidence shows a prima facie case of probable counting error.
- Recount is deemed necessary for justice.
- Normally conducted at election location.
- Exception: Panipat case, where SC recounted votes in its own premises.
Can Courts declare a new Winner?
- Rare, but courts can declare a new winner if:
- Evidence shows petitioner (or another candidate) actually had majority of valid votes.
- Or petitioner proves they would have won but for votes gained through corrupt practices.
- Requires concrete, quantifiable evidence of tainted votes.
- Example: In Feb 2024 Chandigarh mayoral election, SC declared a new winner after:
- Presiding officer wrongly invalidated 8 paper ballots.
- All votes had been cast for the losing candidate.
- SC restored them as valid, making the losing candidate the winner.
| [UPSC 2004] Consider the following tasks:
1. Superintendence, direction and conduct of free and fair elections. 2. Preparation of electoral rolls for all elections to the Parliament, State Legislatures and the Office of the President and the Vice-President. 3. Giving recognition to political parties and allotting election symbols to political parties and individuals contesting the election. 4. Proclamation of final verdict in the case of election disputes. Which of the above are the functions of the Election Commission of India? Options: (a) 1, 2 and 3* (b) 2, 3 and 4 (c) 1 and 3 (d) 1, 2 and 4 |
