Challenge to Elections: Whom and How to Make

Introduction:

Democracy means the government chosen by the people, for the people and of the people. Election means when the subject of the state decides to choose an individual or party to hold public office or public post. The concept of election evolved in the 17th century in ancient Greece and Rome. The word “elect” means ” to select or make decision “. In the mediaeval period, public elections started taking place in the United States of America and the United Kingdom. In India, elections started after independence from the British Empire. However, the first general elections were held in the year 1951. In India, the citizen gets his voting rights at the age of 18 years.

Process of Elections in India

India has been divided into 543 constituencies to elect their representatives. The number constituencies can also be referred to as the number of seats available in Lok Sabha. Nationwide one election is held i.e. Lok Sabha Elections and State wise elections are held for that respective State which is known as Vidhan Sabha Elections. The minimum age to contest the Lok Sabha and Vidhan Sabha Elections is 25 years and for the Rajya Sabha, it is 30 years.

Qualification to Contest Elections:

1. He or she must be 25 years old
2. He or she must be registered as a voter
3. He or she must be a citizen of India
4. He or she shall not be convicted for some offence and imprisoned for more than two years.

Challenges to the Electoral System in India

1. Money power

Money power plays a destructive role in the working of elections not only in India but in any democracy. Today, elections have become a costly affair. Because the votes given by the public are not of their opinion but are purchased votes.

2. Violence

Criminalization of politics and politicization of criminals is a common problem faced by Indian. Nowadays political parties try to collect maximum votes through violence, coercion, force, creating fear in the mind of voters.

3. Criminalization of politics

Though the law of India states that if he or she has been convicted of any criminal charges shall be debarred from contesting the elections. But the percentage of Members of Parliament (MP) having criminal charges against them was 24% in the year 2004 and 30% in the year 2009.

4. Communalization

India is formed of different religions, caste, creed and community. Therefore, the tendency of exploiting the people on basis of religion, race or caste affect the unity and integrity of the nation.

5. Caste

The cast plays a visibly important role in Indian society and in elections. People belonging to the particular caste tend to support the candidate of his caste rather than electing an appropriate or deserving candidate.

6. Low polling percentage:

Many voters do not cast their vote. The voting percentage is always between 50 to 65 per cent.

7. Illiteracy

The problem of illiteracy in India is not yet solved. Lack of adequate understanding among people are influenced by these political parties and may lead to elect inappropriate candidates.

Election Petition in India

The procedure for inquiring the validity of the election results of parliamentary or local government elections is known as Election Petition. In other words, it is the legal challenge to the election of a candidate in a Parliamentary Assembly or local elections.

Whom and How to make the Petition

High Courts have the original jurisdiction to decide cases regarding the elections petition. Election petitions are filed in the High Court of the respective State or in which the election was conducted. Such cases shall be heard by the Single Judge Bench of the High Court. The Chief Justice of the High Court has the discretionary power to assign one or more judges. A further appeal in the Supreme Court can be filed.

Election petitions can be filed by any candidate or an elector who is related to the election personally or otherwise. These petitions can be filed to the authorised officer of the High Court.

The limitation period to file the petition is 45 days from the date of declaration of results. The petitioner shall have to pay ₹2000/- as deposit in Court. However such fees may vary from state to state or as per the rules of that particular High Court.

Grounds for Filing Election Petition

The grounds for declaring the election void is given under Section 100 of the Representation of People Act, 1951. The election of a particular candidate can be declared void on the following grounds:

1. Candidate was not qualified or disqualified on the date of the election.
2. If the candidate has found out to be corrupt or committing corrupt practices as mentioned under Section 123 of Representation of People Act, directly by him or his agent or any other person related to him.
3. If the candidate has been nominated by improper acceptance.
4. If the candidate receives through improper reception, refusal or rejection of any vote or the reception of any vote which is void.
5. If the Court opinions that the candidate has not complied with the provisions of Representation of People Act or the Constitution of India.

Case laws

• State of Uttar Pradesh vs Raj Narain AIR 1975 SC 865

The petitioner Raj Narain was the contender against Indira Gandhi for the Rae Bareilly constituency in 1971 Lok Sabha General Elections. Mrs Gandhi won the election and congress won the house with the majority. Thereafter the results of polls, Raj Narain filed a petition before Allahabad High Court claiming that Indira Gandhi has performed election malpractices. The Allahabad High Court found Indira Gandhi guilty under Section 123(7) of Representation of People Act, 1951 for misusing government machinery.

The Court held that Mrs Indira Gandhi cannot continue as Prime Minister also she cannot contest elections for further six years. Indira Gandhi appealed the matter in the Supreme Court where the Court gave “Stay order” on the decision of the High Court. The President of India declared an emergency in the territory. Meanwhile, the parliament passed the 39th amendment to the Constitution for inserting Article 329-A which barred the jurisdiction of the court from entertaining the matter of elections. In 1975 the Court declared Article 329 -A as unconstitutional.

• R. S. Raja Kannappan vs P. Chidambaram A. No. 6941 of 2009.

In the year 2009, AIADMK candidate R S Raja Kannappan, who lost to P Chidambaram by 3354 votes in Sivaganga constituency filed an election petition claiming Chidambaram has manipulated the votes and committed corrupt practices through his election agents and others with his consent. Kannappan accused the election official of favouring the Minister. In this case, the Madras High Court ordered issuance of notice to P Chidambaram along with 19 others including Returning Officer.

• Ashok Shankarrao Chavan vs Madhavrao Kinhalkar, (2014) 7 SCC 99

Mr Chavan in 2009 Assembly election had won from Bhokar seat from Nanded. Where his opponent Madhav Kinhalkar filed a complaint against him in Election Commission of India (ECI) accusing him of hiding the expenses on a paid supplement named ‘Ashok Parva’ in a leading Marathi newspaper. Mr Chavan pleaded in Delhi High Court for a stay on the  Election Commission proceedings which the Court denied. He then moved to the  Supreme Court. In the year 2016, the Supreme Court while dismissing plea said that Commission can inquire into allegations of paid news if it is not disclosed by the candidate in his election expenses returns. The court said that the Commission will hold the day to day hearing and decide the complaint in 45 days.

Conclusion

India is known as the biggest democracy in the world where elections are treated as any other festival. To keep this festival intact, various laws and norms are passed. India has formed Election Commission which regulates the election throughout the state and monitors the conduct of candidates contesting for elections. Also, the Representation of People Act gives a uniform code of conduct for the election and candidate. Above all this, the Court has jurisdiction to scrutinize the application of said laws for the stable and appropriate government.

---

References:

• Monika Chopra, Challenges To Electoral System In India, Well Press, Dec 2017
• Association for Democratic Reforms (ADR) on Election Petition
• Representation of People Act, 1951
• R. S. Raja Kannappan vs P. Chidambaram A. No. 6941 of 2009.

R. S. Raja Kannappan, Sivganga District another vs P. Chidambaram, Sivganga District Ors. A. No. 6941 of 2009.

Ashok Shankarrao Chavan vs Madhavrao Kinhalkar, (2014) 7 SCC 99.