Election law

This fourth enlarged and revised edition has been brought out in the wake of parliamentary and states elections in December 1984 and January 1985.
The third edition was brought out in the wake of numerous amend ments made in the election law during the period of emergency. They were noticed in a comprehensive supplement. The opportunity was availed to bring the case-law up-to-date also in the Supplement. Soon after, in the elections held in 1977, the Janata party was returned to power and the Congress party of which late Indira Gandhi was the leader, was defeated. The Janata party reversed many changes made earlier but allowed some others to remain on the statute book. In 1980 the Congress party came to power again. But no material changes have been made, though there has been much public discussion of necessity for electoral reforms with particular reference to the great influence of money power. Very recently parliament has passed the Anti-defection Act, 1985, but its effect in cleansing the process of election has yet to be seen. The recent parliamentary and states elections were held before the Act came into force.
The present law of elections is unreal in many respects. The strict construction the Supreme Court has placed on the definitions of corrupt practices (S. 123 RPA 1951), and proof of the grounds to avoid election of the returned condidate (S. 100), and agency and material effect on the election in particular, it has become very difficult, if not impossible, for the election petitioner to succeed. It is a matter of common knowledge that elections held in recent years were anything but pure, making the whole law of election to border on a farce.
There can hardly be any doubt that there is a crying and urgent need for reform of entire election law and election process. It is wished that our legislators may soon make an honest effort in this direction.