What is an election petition that the Supreme Court has asked Meenakshi Natarajan to file?
&imwidth=600&imheight=450&format=webp&quality=medium "What is an election petition that the Supreme Court has asked Meenakshi Natarajan to file?")
Election petitions are filed in the High Court of the particular state in which the election was conducted. Photograph: (X)
The Supreme Court refused to entertain the writ petition filed by Congress leader Meenakshi Natarajan, saying courts should not ordinarily intervene in ongoing electoral processes and that the appropriate remedy in election matters is an election petition.
The Supreme Court on Friday dismissed the writ petition filed by Congress leader Meenakshi Natarajan challenging the rejection of her Rajya Sabha candidature from Madhya Pradesh and said she should file an election petition instead. The Supreme Court refused to entertain the plea, saying courts should not ordinarily intervene in ongoing electoral processes and that the appropriate remedy in election matters is an election petition.
According to Article 329(b), no election to either House of Parliament or the state Assembly will be called in question except by an election petition as per law.
What is an election petition?
An election petition is a procedure for inquiring into the validity of the election results.
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Where can an election petition be filed?
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Election petitions are filed in the High Court of the particular state in which the election was conducted. However, challenges to presidential or vice-presidential elections are filed directly in the Supreme Court under Article 71.
An election petition can be filed by a candidate or an elector, however, it has to be filed within 45 days from the date of declaration of results.
An election petition should have a concise statement of the facts on which the petitioner relies, all particulars of any alleged corrupt practices, including the names of the parties involved and date and place of the commission of each such practice in the form of an affidavit.
What relief can be claimed in an election petition?
A petitioner may claim that the election of a particular candidate is void, or that he/she himself/herself has been duly elected.
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On what grounds can an election petition be filed?
The election of a particular candidate can be declared void under section 100 of the Representation of People Act, 1951, if the High Court is of the opinion that the winning candidate was not qualified or was disqualified to be chosen to fill the seat, or if any corrupt practice has been committed by the candidate or his election agent or by any other person with the consent of a returned candidate or his election agent.
Other grounds are use of corrupt practices like bribery to voters or another candidate in fray, or exercising influence directly or indirectly to induce voters or other candidates.
Besides, any attempt to promote feelings of enmity or hatred between different classes of the citizens on grounds of religion, race, caste, community, or language, making false statements relating to elections’ expenditure or booth capturing can also be the basis.
What is the timeline for an election petition trial?
The Representation of Peoples Act advocates that every election petition shall be tried as expeditiously as possible and as far as practicable for the interests of justice. All efforts should be made by the High Court to conclude the trial within six months from the date on which the election petition is presented.
Can an appeal be filed against the High Court order?
An appeal can be filed in the Supreme Court on any question from every order made by a High Court, but within 30 days from the date of the order.
