Introduction
The Gujarat High Court recently annulled the election of a BJP leader from 2017 for reasons of “corrupt practice” and “manipulation of record.” The decision followed a petition by the rival Congress candidate, who claimed the returning officer had unjustly rejected 429 postal votes. This article delves into the details of this event and explores the constitutional and parliamentary provisions for elections to the State Legislature in India.
The High Court Ruling
Due to allegations of illegal rejection of 429 votes received via postal ballot, the Gujarat High Court set aside the election of a BJP leader under Section 100(1)(d)(iv) of the Representation of the People Act, 1951. The discarded votes surpassed the winning margin of 327, thus significantly impacting the election results. The court also observed that the non-adherence to the instructions of the Election Commission gave undue advantage to the winning candidate.
Election to the State Legislature: Qualifications
The Constitution and Parliament of India specify the qualifications required for being elected as a member of the State Legislative Assembly or State Legislative Council. According to the constitutional provisions, one must be an Indian citizen, subscribe to an oath or affirmation before the person authorized by the Election Commission, and be aged not less than 25 years for the legislative assembly and not less than 30 years for the legislative council. Additionally, there are specific qualifications prescribed by Parliament.
Under the parliamentary provisions of the Representation of the People Act (RPA), 1951, a person must be an elector for an assembly constituency in the concerned state to be elected to either the legislative assembly or the legislative council. If aspiring to be nominated by the governor, the person must reside in the concerned state. Moreover, if intending to contest a seat reserved for scheduled caste or tribe, the contender must be a member of such caste or tribe.
Disqualifications for State Legislature
Certain disqualifications may prevent an individual from contesting in the elections, as outlined by the Constitution and the RPA, 1951. These include holding any office of profit under the Union or State government, being declared of unsound mind by a court, being an undischarged insolvent, voluntarily acquiring the citizenship of a foreign state, or being disqualified under any law made by Parliament.
The RPA, 1951 adds several more disqualifications, such as having been found guilty of specific election offenses, convicted for any offense resulting in imprisonment for two or more years, failing to lodge an account of election expenses within time, having interest in government contracts or works, holding an office of profit in a corporation in which the government has a 25% share, among others.
Election Petitions and Adjudication of Election Disputes
The Constitution specifies that no election can be questioned except through an election petition presented in a manner provided by the appropriate legislature. Since 1966, only High Courts can try election petitions, while the Supreme Court alone holds appellate jurisdiction. Article 323 B empowers legislatures to establish a tribunal for settling election disputes. As yet, no such tribunal exists. However, if one was to be formed, an appeal from its decision would lie with the high court.