Election Petition filed by West Bengal CM

Election Petition filed by West Bengal CM

Subject : Polity

Context : Recently, the West Bengal Chief Minister Mamata Banerjee has filed an election petition in the Calcutta High Court challenging the Assembly election result of Nandigram constituency.

Concept :

Election Petition

• The Election Commission’s role ends with the declaration of results i.e. once the Returning Officer has signed the final result sheet.
• An election petition is the only legal remedy available to a voter or a candidate who believes there has been malpractice in an election.
• The voter or the candidate can challenge the result through an election petition submitted to the High Court of the state in which the constituency is located.
• The election petition has to be filed within 45 days from the date of the poll results and nothing is entertained by courts after that.
• The Representative of the People Act of 1951 suggests that the High Court should try to conclude the trial within six months but it usually drags on for much longer.
• The acts of the candidate along with his election agent or by any other person with the consent of the candidate or his election agent is covered for filing an Election Petition.

Grounds on which election petition can be filed

• Under Section 100 of the RP Act, an election petition can be filed on the grounds that:
• On the day of the election, the winning candidate was not qualified to contest.
• The winning candidate, his poll agent or any other person with the consent of the winning candidate has indulged in a corrupt practice.
• Section 123 of the RP Act has a detailed list of what amounts to corrupt practice, including bribery, use of force or coercion, appeal to vote or refrain from voting on grounds of religion, race, community, and language.
• Improper acceptance of the nomination of the winning candidate or improper rejection of a nomination.
• Malpractice in the counting process, which includes improper reception, refusal or rejection of any vote, or the reception of any vote which is void.
• Non-compliance with the provisions of the Constitution or the RP Act or any rules or orders made under the RP Act.