Question 1

How can an election result be legally challenged?

Accepted Answer

An election can only be called into question by presenting an Election Petition to the respective High Court. This petition must be filed within 45 days from the date of the election of the returned candidate, as mandated by the Representation of the People Act, 1951.

Question 2

What constitutes a 'corrupt practice' in an election?

Accepted Answer

Corrupt practices defined under Section 123 of the RP Act include bribery, undue influence, appealing to vote on grounds of religion, race, caste, community, or language, promoting enmity between classes, and publishing false statements regarding the personal character of a candidate.

Question 3

Can a candidate be disqualified if their nomination is improperly rejected?

Accepted Answer

Yes, the improper rejection of a nomination paper is a statutory ground for declaring the election of the returned candidate to be void. The High Court will closely examine whether the Returning Officer's decision violated statutory rules.

Election Dispute

Overview

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