PARTIES TO ELECTION PETITION, CONTENTS OF ELECTION PETITION, GROUNDS OF CHALLENGE TO ELECTION, TRIAL OF ELECTION PETITION

This article is written by Adity Kumari of 3^rd Semester of Bangalore Institute of Legal Studies, an intern under Legal Vidhiya

ABSTRACT

This paper is the elaboration of the election petition and the concepts related to it. First it will discuss what an election petition is and by moving further it will elaborate the procedure for filing an election petition, its grounds, remedies available, contents of an election petition and trial also. When a person or a group thinks that an election was unjustly, illegitimately, or inadequately conducted, they can file an election petition seeking judicial review. It is a legal method for disputing election results on various basis, such as irregularities, illegalities, or violations of election laws or rules. Allegations of electoral fraud, corruption, bribery, intimidation, or other irregularities that may have affected the outcome of the election are common grounds for filing an election petition. The procedures and requirements for filing an election petition vary by country and jurisdiction. Section 100 of the Representation of People Act has described the various grounds on which an Election Petition can be filed. An election petition calling an election into question must be filed within 45 days of the results being declared. According to the Representative of the People Act of 1951, the High Court should try to complete the trial within 6 months. However, it usually lasts much longer, even years. Election petitions are handled by courts or electoral tribunals, which have the authority to investigate the allegations, review evidence, and make decisions. This paper will deconstruct the anatomy of election petitions, having a look at their legal foundations, the grounds for filing them, and the complicated steps to be followed.

KEYWORDS

Election Petition, Procedures for filing, Parties to Election Petition, contents of Election Petition, Relief to Petitioner, ground to challenge Election Petition, Trial of Election Petition

INTRODUCTION

If an elector or candidate believes there has been election malpractice, he or she may file an election petition. It is not a normal civil suit, but a competition in which a whole constituency is engaged. A legal document or complaint filed with a court or relevant authority to challenge the outcome of an election is known as an election petition. An election petition is a fundamental legal option in the realm of electoral processes, serving as a critical solution to tackle alleged irregularities, misconduct, or infringements that may have jeopardized an election’s dignity or fairness. An Election petition is a process for examining the validity of the results of Parliamentary or Assembly elections.  An Election Petition acts as a legal remedy for the voter or the candidate who believes that there has been electoral malpractice. Election petitions are heard by the state’s High Court, and if upheld, the election in that constituency may be rescheduled. These petitions are generally filed in a court or relevant legal body and need particular grounds, evidence, and legal arguments to support the claims made against the election’s fairness or legality. After the election results are announced, there are usually strict deadlines for filing an election petition. An election petition seeks to ensure the integrity and fairness of the electoral process by addressing legitimate concerns about an election’s conduct.

ELECTION COMMISSION

Elections in India, whether assembly or general, are made possible by the Election Commission of India. The Election Commission is a permanent and independent body established directly by the Indian Constitution to make sure free and fair elections in the country. “Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission[1].” The Election Commission works to improve citizen participation in elections and gets involved with political parties and their vision. It strives to hold elections that adhere to the highest standards of fairness. The Election Commission generates both human skills and the infrastructure required for elections. It also raises awareness about the significance of voting. The body is led by the Chief Election Commissioner. The body was established in 1950 with only one officer, the President-appointed Chief Election Commissioner. However, in 1993, it expanded to include two more election commissioners. They serve for six years or until they reach the age of 65, whichever comes first. However, they can resign or be removed from office at any time before that. It follows some rules for its functioning. The most important is to uphold the Constitution and its ideas like equality, justice, fairness and rule of law.

ELECTION PETITION

An election petition is a procedure for inquiring into the validity of the election results of Parliamentary or local government elections. An election petition is a method for citizens to challenge the results of parliamentary elections. It is a procedure that allows us to investigate the legitimacy of any election result, from parliamentary elections to local government body elections. Article 329(b) states –

“No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature[2]”
section 80 of the Representation of People Act 1951 states – No election shall be called in question except by an election petition presented in accordance with the provisions of this Part[3].

Section 80A (1) of the Representation of People Act 1951 states – The Court having jurisdiction to try an election petition shall be the High Court[4].

The grounds for filing an election petition have been given in section 100 of the Representation of People Act.

PROCEDURES OF FILING ELECTION PETITION

The process for filing an election petition differs widely depending on the country and its electoral laws. However, listed below are the general steps followed for filing an election petition.

• Appropriate court or Tribunal: Determine which court or tribunal has been designated to handle election-related disputes. This information is typically outlined in the country’s electoral laws or regulations.
• Review of Legal Requirement and time limit: Find out about the legal requirements and time constraints for filing an election petition. Following the announcement of election results, there are usually strict deadlines for filing the petition.
• Grounds for filing: Identify and collect evidence in support of the grounds for the petition. Common reasons for filing an election petition include electoral malpractices, irregularities, violations of election laws, or contesting the winning candidate’s eligibility.
• Drafting of petition: Plan the petition in accordance with the court or tribunal’s specific format and requirements. The petition should clearly state the grounds for contesting the election results and include supporting evidence.
• Submitting the petition: Within the timeframe mentioned, file the petition with the appropriate court or tribunal. This frequently entails submitting multiple copies of the petition, as well as any necessary supporting documents and fees.
• Service of notice: Notify all relevant parties involved, including the declared winner, electoral authorities, and any other individuals or entities directly affected by the petition, of the petition’s filing.
• Preliminary hearings: Preliminary hearings may be held by the court or tribunal to determine the admissibility of the petition and to address procedural issues. Setting hearing dates, allowing parties to submit additional evidence, or dismissing petitions that do not meet legal requirements may all be part of this stage.
• Full hearing: If the petition is granted, a full hearing is held in which both parties present their arguments, call witnesses, and present evidence to support their case. Before making a decision, the court or tribunal carefully considers the evidence and legal arguments presented.
• Judgement: The court or tribunal renders its decision based on the case’s merits and the evidence presented. The decision could include nullifying the election results, ordering a re-election, or upholding the original results.

When filing an election petition, it is critical to seek legal advice and strictly adhere to the specific procedural requirements outlined in the electoral laws of the relevant jurisdiction, as failure to do so may result in the petition being dismissed.

PARTIES TO ELECTION PETITION

Section 82 state that A petitioner shall join as respondents to his petition[5] –

• where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and
• any other candidate against whom allegations of any corrupt practice are made in the petition.

In an election petition there are generally two parties are involved –

1. Petitioner: The petitioner is the person or entity who files the election petition. This could be a candidate, a political party, or any concerned citizen who believes there were irregularities, malpractices, or violations during the election process. The petitioner makes the allegations and presents evidence to support their claims that the election was flawed or improperly conducted.
2. Respondent: The opposing party named in the election petition is the respondent. The respondent is usually the declared winner of the election whose outcome is being challenged. The respondent defends the legitimacy of the election, offering counterarguments and evidence to refute the petitioner’s claims. Respondents may include electoral bodies, election officials, or other relevant authorities involved in the election’s conduct.

Other Parties involved –

1. Election Officials: Those in charge of conducting the election may be called witnesses or parties in legal proceedings if allegations of misconduct are levelled against them.
2. Interveners or Interested Parties: Individuals or groups with a significant stake in the outcome of the election petition may petition the court for permission to intervene or join the proceedings as interested parties. They may offer additional evidence or arguments in support of either the petitioner or the respondent.

The roles and participation of these parties may differ depending on the legal system and the specific circumstances of the election petition. The procedures for participation and the extent to which each party is involved in the proceedings are determined by the court or electoral tribunal overseeing the case.

CONTENTS OF ELECTION PETITION

Section 83 of Representation of People Act 1951 provides the contents of Election Petition which are listed below.

 An Election Petition –

• shall include a clear and precise statement of the material information on which the petitioner ’s based his or her claim;
• intend to set forth full particulars of any malpractice that the petitioner accuses, and as complete a statement as possible of the names of the parties accused to have committed such wrongdoing, as well as the date and place of each such practice’s committee; and
• shall be approved and authenticated by the petitioner in the manner specified in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings:
  Provided, however, that if the petitioner claims any corrupt practice, the petition must be preceded by an affidavit in the specified format in support of the accusation of such corrupt practice and its specifics.

 Any schedule or annexure to the petition must be signed and confirmed in the similar way as the petition.

RELIEF TO THE PETITIONER

The petitioner in an election petition typically seeks specific sorts of relief or results based on the grounds for challenging the election.

• Invalidation of Election results – election petitioners seek the invalidation of the election results as their primary remedy. This could result in the declared winner’s victory being null and void and would need a re-election or recount.
• Declaration of Petitioner as winner – When a petitioner claims that they were the rightful winner but that the election results were altered or inaccurate, the court may declare them the winner instead.
• Disqualification of winning candidates – If the petitioner can show that the winning candidate was disqualified or violated election laws, they may seek to have dismiss the candidate.
• Recount or Re-examination of votes – If they suspect errors in the vote-counting process, petitioners may demand a recount or reexamination of votes in particular precincts or across the complete constituency.

Section 84[6] of Representation of People Act 1951 states that relief may be claimed by petitioner – A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

It is essential to note that the particular relief sought in an election petition can vary significantly depending on the facts of the case, the laws of the jurisdiction, and the available evidence.

GROUNDS OF CHALLENGE TO ELECTION

Election challenges can arise for a number of reasons, and they generally involve legal processes and an evidence-based basis. These challenges are commonly handled by courts or election oversight bodies, and the resolution process differs based on the jurisdiction’s laws and procedures.

Section 100 – Grounds for claiming an election invalid

Subject to the provisions of sub-section (2) of [the High court] is of opinion–

• that a returned candidate was not eligible, or was disqualified, to be selected to fill the seat under the Constitution or this Act [or the Government of Union Territories Act, 1963 (20 of 1963)] on the date of his election; or
•  that a returned candidate or his election agent, or any other person with the consent of a returned candidate or his election agent, involved in any unlawful act; or
• that any nomination was incorrectly turned down; or
• that the result of the election has been substantially impacted in the case of a returned candidate –
•  by the improper acceptance or any nomination, or
•  by any corrupt practice committed in the interests of the returned candidate[by an agent other than his election agent], or
• by improperly receiving, refusing, or denying any vote, or by obtaining a void vote, or
• by any failure to comply with the provisions of the Constitution or this Act, or with any rules or orders issued under this Act,

The High Court will declare the returned candidate’s election null and void.

If, in the viewpoint of the High Court, a returned candidate has been accused of any corrupt practice by an agent other than his election agent, but [the High Court] is satisfied.

• that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and[without the consent], of the candidate or his election agent;
• that the candidate and his election agent used every rational attempt to avoid the commission of corrupt practices during in the election; and
•  that the election was independent of any fraudulent practices on the part of the candidate or any of his agents in every way,

The High Court may then rule that the election of the returned candidate was not null and void.

TRIAL OF ELECTION PETITION

The trial of an election petition involves a legal process through which a court or an election tribunal adjudicates the claims and allegations presented by the petitioner challenging the outcome of an election.

(1) The High Court will dismiss any election petition that does not complies with the requirements of sections 81, 82, or 117.

Explanation. — A High Court order dismissing an election petition under this sub-section is considered to be an order made under clause (a) of section 98.

(2) As soon as an election petition is presented to the High Court, it is did refer to the Judge or one of the Judges assigned by the Chief Justice for the trial of election petitions under subsection (2) of section 80A.

(3) Where more election petitions than one is presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate who is not also a respondent may be agreed to join as a respondent by filing an application to the High Court within fourteen days of the start of the trial, subject to any order made by the High Court regarding the security for costs.

Explanation.—The trial of a petition shall be considered to begin on the date fixed for the respondents to show up before the High Court and respond the claim or claims made in the petition for the specific purpose of this sub-section and section 97.

(5) The High Court may, on such aspects as to costs and otherwise as it perceives fit, allow the specific details of any corrupt practice allegations made in the petition to be amended or magnified in such a way as may be essential in its opinion for making sure an efficient and equitable trial of the petition, but shall not permit any amendment of the petition that has the effect of enhancing specific details of a corrupt practice not earlier alleged in the petition.

(6) The trial of an election petition shall be continued day by day until its final result, so far as is feasible consistent with the interests of justice in regard of the trial, unless the High Court finds that an adjournment of the trial further than the following day is essential for causes to be recorded.

(7) Every election petition shall be tried as quickly as possible, and every attempt shall be made to accomplish the trial within six months of its demonstration to the High Court for trial.

ELECTION PETITION IN A DEMOCRATIC COUNTRY

Election petitions are essential in a democratic nation since they serve as an essential framework for preserving the integrity, fairness, and accountability of the electoral process. Following are the importance of election petition in a democratic nation.

• Electoral Integrity – Election petition allow individuals or entities to voice concerns about electoral improprieties, thereby making a contribution to the integrity of the electoral process.
• Protects Democratic Principles – Fair and transparent elections are essential of democracy. Election petitions strengthen the principle that electoral results should be independent of deception or fraud and represent the will of the people.
• Addresses grievances and disputes – It provide a formally defined process for tackling grievances and disputes that arise from election results, enabling peaceful and legal resolution.
• Promotes accountability – Election petitions hold candidates, electoral bodies, and other stakeholders responsible for following election laws and procedures. The evaluation they bring urges greater accountability in conducting fair and transparent elections.
• Upholds Rule of Law – Election petitions strengthen the rule of law by resolving disputes through legal channels, avoiding possible conflicts or disruptions resulting in unresolved electoral disputes.

In conclusion, election petitions play an important role in preserving democratic principles such as fair treatment, clarity, responsibility, and the rule of law within a nation’s electoral framework.

CONCLUSION

The output of an election, which is the result of the world’s largest democratic process, can only be questioned in a constitutional court by filing an election petition. An election petition is a legal challenge filed by a person or group who is disappointed with the result of an election. Generally, this challenge is based on accusations of improprieties, malpractice, or infringements of election laws that may have affected the result. Election petitions are commonly filed in courts or tribunals particularly designated to handle electoral disputes. These petitions seek remedies such as the annulment of electoral results, the calling of a re-election, or the question of a winning candidate’s qualifications. The process and criteria for filing an election petition differ across countries and are regularly governed by electoral laws and regulations. There are usually strict procedures and legal criteria that must be met to pursue such a petition, and there are usually specific timeframes within which an election petition must be filed after the announcement of election results. Overall, election petitions play a significant role in preserving the integrity of electoral process which gives a legal channel for tackling grievances and improprieties that may have impacted an election’s outcome.

REFERENCES

1. India Code. Section Details. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=106
2. insightsonindia. Election Commission – INSIGHTSIAS. https://www.insightsonindia.com/polity/appointment-to-various-constitutional-posts-powers-functions-and-responsibilities-of-various-constitutional-bodies/election-commission/
3. Law Insider India. Procedure of filing an Election Petition in the Supreme Court. https://www.lawinsider.in/columns/procedure-of-filing-an-election-petition-in-the-supreme-court
4. Rohit Das & Associates (WordPress Legal). Contents of Election Petitions. https://rdalegal.wordpress.com/2013/12/10/contents-of-election-petitions/
5. Lawyers club India. Electoral Reforms: Election Petitions. https://www.lawyersclubindia.com/articles/election-petitions-11853.asp

---

[1] insightsonindia. Election Commission – INSIGHTSIAS. https://www.insightsonindia.com/polity/appointment-to-various-constitutional-posts-powers-functions-and-responsibilities-of-various-constitutional-bodies/election-commission/

[2] Law Insider India. Procedure of filing an Election Petition in the Supreme Court.  https://www.lawinsider.in/columns/procedure-of-filing-an-election-petition-in-the-supreme-court

[3] India Code. Section Details. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=105

[4] India Code. Section Details. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=106

[5] India Code. Section Details. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=108

[6] India Code. Section Details. https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_81_00001_195143_1517807327542&orderno=110

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.