Mains:GSII – Powers, Functions and Responsibilities of various Constitutional Bodies
Why in News?
Recently, The Supreme Court overturned the result of sarpanch election of Buana Lakhu village in Haryana’s Panipat district after conducting a recounting of votes.
What is the Legal framework for challenging an election?
Filing of petition – The validity of the results of Parliamentary, Assembly, state council or local government elections can be challenged by filing an election petition.
For parliamentary, Assembly, and state council – It is be filed before the High Court of the particular state in which the election was conducted.
For local government elections – It is to be filed at the district-level civil courts.
Authorised person – The petition can only be filed by a candidate or an elector related to the election in question.
Time period – It has to be filed within 45 days from the date of declaration of results.
Contents of the petition – The petition must contain a concise statement of all material facts on which the challenge is based.
If a petition has allegations of corrupt practices it must provide details such as the names of individuals involved, and the date and place of the alleged act.
Dismissal of petitions –Vague or ambiguous claims are not entertained, and a petition that fails to state material facts can be dismissed at the outset.
The SC has repeatedly held that allegations of corrupt practices are quasi-criminal and require a high standard of proof.
What are the Grounds for invalidating an election?
Corrupt practices — If candidate failing to disclose their criminal antecedents or promoting enmity among social groups.
Qualification disputes – If the winning candidate was not qualified or was disqualified on the date of their election.
Rejection of nomination – Improper rejection of a nomination paper of an electoral candidate.
Improper acceptance of a nomination or the improper reception or rejection of votes (but only when it is proven that these actions materially affected the election’s outcome).
Defying of law – Non-compliance with the Constitution or any election laws and rules, if such non-compliance materially affected the result.
What is the basis for recounting of votes?
Facts and evidences – A recount of votes is one of the remedies a court can order, but it is not granted casually.
Therefore, a court will only order a recount if the petitioner presents specific, material facts and provides sufficient evidence to establish a prima facie case that a mistake in counting is probable and that a recount is necessary.
Location for recounting – Courts usually order vote recounts to take place at the location where the election was held.
But in the case of the Panipat sarpanch election dispute, the SC recounted the votes at its premises.
Issues with recounting – It is seen as potentially compromising the secrecy of the vote, a cornerstone of free and fair elections.
When courts can declare a new winner?
Proof by the petitioner – He/she must prove that they would have secured a majority of votes if not for the votes obtained by the winning candidate through corrupt practices.
This requires concrete evidence to quantify the votes tainted by corruption.
Satisfaction of the court – The court must be satisfied that the petitioner or another candidate received a majority of the valid votes.
Recent incidents – In February 2024, the SC declared a new electoral winner in the Chandigarh mayoral election.
It is found that the polling station presiding officer had wrongfully marked eight paper ballots as invalid.
All the votes had been cast for the losing candidate.
The court ordered that these votes be treated as validly cast in the losing candidate’s favour, which helped him win the election.
