Why in News?

Election Petition was in news recently since it High Court of Kolkata reallocated Mamata Banerjee’s election petition to a different bench.

About Election Petition:

• The ECI’s role ends with the declaration of results. Post that, an election petition is the only legal remedy available to a voter or a candidate who thinks that there has been malpractice in an election.
• Such person can challenge the result through an election petition submitted to the High Court of the state in which the constituency is situated in.
• Such petition must be filed within 45 days from the date of the poll results.
• The Representative of the People Act (RPA), 1951 suggests that the High Court should try to conclude the said trial within six months. However, it usually drags on for much longer, even years.

Grounds for filing Election Petition:

• The winning candidate was not qualified to contest on the day of the election.
• The winning candidate, his poll agent, or any other person with consent of the winning candidate has indulged in a corrupt practice.
• Malpractices in the counting process
• Non-compliance with any provision of the Constitution or the RPA or any rules or orders passed under the RPA.

If Verdict is in favour of the Petitioner:

• The petitioner may seek that the results of all or the winning candidates may be declared void.
• Also, the petitioner may ask the court to declare the petitioner or any other candidate as the winner or duly elected.
• So, under the verdict on an election petition, if declared in favour of the petitioner, may result in a fresh election or the court announcing a new winner.