Election petition

Polity & Governance glossary

Topic: Elections and the Electoral System · NCERT: Class 9, Ch 7 "Elections"; Class 12, Ch 6 "The Crisis of Democratic Order"

Meaning

An election petition is the only way to challenge the result of an election. Under the Representation of the People Act 1951, it is filed in the High Court within 45 days of the result. It must rely on the grounds listed in s.100, such as corrupt practices. An appeal lies to the Supreme Court. Article 329 makes it the only remedy, so courts do not stop elections midway.

Example

Raj Narain filed an election petition against Indira Gandhi's 1971 win from Rae Bareli. In 1975 the Allahabad High Court set aside her election.

Don't confuse with

  • Disputes over President and Vice-President elections: these go straight to the Supreme Court (Art. 71), not to a High Court.

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