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Case that shook India

By: Material type: TextTextPublication details: New Delhi; Vikas pub; 1978Description: 294pSubject(s): DDC classification:
  • 324.66 BHU
Summary: Elections to Parliament and the Legislatures of the States are regulated in two ways by law. The first relates to the conduct of the elections by the Election Commission and the second to the personal conduct in it of the candidates. Unlike in other countries the duty of deciding whether the election was fair and free and if the candidate was guilty of a corrupt practice is entrusted to the High Court and finally to the Supreme Court. After the election is over the defeated candidate or a voter can challenge the election of the successful candidate by proving irregularities in the conduct of the election by the authorities and/or by proving corrupt conduct on the part of the candidate. In no other way can the result of the poll be challenged. The courts apply to such cases the standards which they usually apply in trials before them. Such cases are like any other case. The allegations made must be strictly proved. Some judges call these quasi-criminal proceedings. This is not an apt description. They rather resemble the trial of allegations of fraud, subject to this that the benefit of a doubt goes to the successful candidate.
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Elections to Parliament and the Legislatures of the States are regulated in two ways by law. The first relates to the conduct of the elections by the Election Commission and the second to the personal conduct in it of the candidates. Unlike in other countries the duty of deciding whether the election was fair and free and if the candidate was guilty of a corrupt practice is entrusted to the High Court and finally to the Supreme Court. After the election is over the defeated candidate or a voter can challenge the election of the successful candidate by proving irregularities in the conduct of the election by the authorities and/or by proving corrupt conduct on the part of the candidate. In no other way can the result of the poll be challenged. The courts apply to such cases the standards which they usually apply in trials before them. Such cases are like any other case. The allegations made must be strictly proved.
Some judges call these quasi-criminal proceedings. This is not an apt description. They rather resemble the trial of allegations of fraud, subject to this that the benefit of a doubt goes to the successful candidate.

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