Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or a State Legislature under the Representation of People Act 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.

An Act to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practises and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

Procedure to decide the dispute:

• Section 100 of the RPA, 1951 deals with the grounds on which an election may be challenged by means of election petition. 
• By any non-compliance with provisions of the Constitution or of this Act or of any rules or orders made under this Act, the High Court shall declare the election of the returned candidate to be void. 
• After the election petition on the matter of corrupt practices in High court. Order of the High court is sent to the president through the secretary general and then ECI looks into the issue where judicial hearing is given to the affected party.

A person can be disqualified on below grounds:

1. Disqualification on conviction for certain election offences and corrupt practises in the election. (Sec 8) 
2. Disqualification on conviction for certain offences. 
3. Disqualification on ground of corrupt practices. (Section 8A). 
4. Disqualification for dismissal for corruption or disloyalty. (Section 9). 
5. Disqualification for Government contracts, etc. (Section 9A) 
6. Disqualification for office under Government company (Section 10)

Remedies available against such Disqualification:

• On the question of whether a legislator is subject to any of the disqualifications, the final authority to decide rests with the President (in case of members of Parliament) and the Governor (in case of members of State legislature). 
• In case of any enquiry, the Election Commission is conferred the powers of a civil court for summoning and enforcing the attendance of any person or any evidence. 
• Besides, after a legislator is disqualified, the Election Commission may, on certain grounds, remove any disqualification or reduce the period of any disqualification. 
• The Election Commission said that in exercise of its powers under Section 11 of the Representation of People Act, Tamang’s period of electoral disqualification was being reduced from the statutory six years to one year and one month.

Elections are the lifeblood of any democracy. The robustness of electoral processes determines the fate of the nation. The timely reforms to the electoral process by ECI, according to the changing needs of the society and the strong review of the judiciary have helped in conduction of free and fair elections till date.