Election Law

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12m:

1. Discuss the composition powers and functions of the Election Commission of India.
2. Explain the presidential and vice presidential election in India with sufficient case laws.
1. Discuss the statutory disqualification under the representation of people sacked 1951 with
relevant case laws.
2. Critically examine the prisoner's right to vote.
3. Explain the significance of 73rd and 74th amendment In the context of election loss.

7m:

3. State the procedure involved in the registration of a political party.


4. Discuss the electoral corrupt practices in India.
4. Discuss the various electoral reforms in India.
5. Critically examine the anti defection law.
6. Examine the Composition powers and functions of the election commission Of India
2. Explain the election programme in India (7 marks)

4m:

5. Write short notes on THREE of the following:


a. Define Election. Discuss its types.
b. Exit Polls
c. Grounds for challenging election petition.
d. Section 171B of IPC
e. Steps to file an election petition
A. Define election, discuss the types of election. 2/2)
B. Grounds for filing election petition. 100
C. Electoral corrupt practices and electoral offences, 123
D. Registration of a Political party 29A.
E. Model code of contact.
F. Collection programme
G. Nomination and its procedure.
1. Types of election (4 marks)

PART-D

6. Mr. Saravanan has challenged the presidential election which was held in the year 2022. The
Supreme Court refuse to accept his petition on the ground that he is neither a candidate nor an
elector. Decide.
7. During the time of general election to the state of Tamil Nadu, Mr. X indulged in electoral
corrupt practice listed in the Representation of Peoples Act of 1951 without the consent of the
candidate. Advice.
8. Mr P's nomination paper for the State Assembly election was rejected by the returning officer.
'P' moved the High Court to quash the order of the returning officer and to direct the inclusion of
his name in the list of valid nominations. Can he succeed?
9. A', a member of the Wage Board, is receiving honorarium which is to meet daily allowance.
'A' contested in Parliament election and became a Member of Parliament. Subsequently 'A' was
disqualified as M.P. because, he is holding the office of profit as member of the Wage Board
Justify his disqualification.
10. 'Z' an independent candidate, is elected to the House of People. Two months later, he joins
a National party, would 'Z' be disqualified under the tenth schedule of constitution of India?
1. A and B are contesting in the Madurai constituency of the Tamil Nadu state legislative
assembly election. The returning officer announced that the candidate A was duly elected. But
the returning officer issued the declaration certificate to B and stating that he is elected for the
Madurai constituency. Now A seeks your advice to proceed against the election commission in
this issue. Advice.
2. Mr. 'X' was charged with murder and found guilty of the offence by sessions court and was
sentenced to undergo imprisonment for life.On appeal the high court suspended the sentence
and ordered to release him on bail.By then he had undergone imprisonment only for four and
half months . Meanwhile the assembly was dissolved in the State and noticed for mid term
election. 'X' filed nomination to contest in election. Mr. 'Y' objected X' s nomination because of
his earlier conviction and sentence of life imprisonment. Decide whether X's nomination will be
accepted?
3.Mr. 'X' and 'Y' contested election from Tiruneveli constituency for the General election held in
2013.Mr.'X' got 21,261 votes and 'Y' got 24,578 votes. Now 'X' filed an election petition against
'Y' on the ground that Mr. 'Y' was not an ordinary resident of the constituency and could not be
registered as a voter in that constituency . Advice.
1. Lily Thomas
2. Lok Prahari
3. Kihoto Hollohan vs Zachilhu

MODULE-I:Meaning and ConceptofElectionand Election Dispute

a. Democracy and Election


b. Representation by People
c. Adult suffrage
d. Meaning of election and election disputes
e. Challenge to Election: Whom and How toMade
f. Forum for filing ElectionPetition
g. Parties to ElectionPetition
h. Contents of ElectionPetition
i. Grounds of Challenge toElection
j. Trial of ElectionPetition
k. Recriminatory Petition
1. Withdrawal, Abetment andAppeal
(covered in questions) m. Election to President and VicePresident
n. Composition and Powers of Election Commission (PartXV-Article324- 329ofthe Constitution
ofIndia)

(covered in questions) Module-II: COMPOSITION, POWERS AND FUNCTIONS OF


ELECTION COMMISSION

a) Constitutional provisions,
b) Representation of People's Act, 1950,
c) Delimitation Act, 2002,
d) Presidential and Vice-Presidential Act, 1952,
e) Composition and dissolution of Parliament and State legislatures

(Covered in questions) MODULE-III:Qualification and Disqualification of Candidates

a. Meaning and Distinction Between Qualification and Disqualification


b. Qualifications And Disqualifications ProvisionsunderIndian Constitution and the
Representation of Peoples' Act, 1951
c. Office of Profit
d. GovernmentContract
e. DisqualificationsonConvictionsundertheRepresentationofPeoples' Act, 1951
F. Anti defection Law

(covered in questions) MODULE-IV:Nomination (Sections30-39, $100(1)(c), $ 100(1)(d) of the


Representation of Peoples' Act, 1951)

a. Meaning of Valid Nomination


b. Procedure for Filing of Nomination Security Depositsetc.
c. Grounds of Rejection of and Withdrawal of Nominations
d. Voter's Right to Know Antecedent of theCandidates
e. Recognition of Political Parties and ElectionSymbols

(covered in questions) MODULE-V:CorruptPractices

a) Meaning and Distinction between Corrupt Practices and Electoral Offences


b) Substantive Corrupt Practice: Bribery, Undue influence, Character, Assassination of
Candidates, Appeal on the Grounds of Religion, Race, Caste, etc.

MODULE-VI:

ELECTIONS TO PANCHAYATS AND MUNICIPALITIES

a) Constitutional provisions, Nominations - Requirements of valid nominations for candidates,


b) Office of profit- Parliament (Prevention of Disqualification) Act, 1959,
c) Disqualification for Government contracts,
d) Disqualification on conviction of certain offences
e) Representation of Peoples Act, 1951,
f) Eligibility to contest elections

MODULE-VII:

ELECTORAL REFORMS WON

a) Representation of People Act-Sec 33A and 33B,


b) 170th Report of Law commission on Electoral Laws, 1999,
c) Goswami Committee Report on Electoral Reforms, 1990,
d) Vohra Committee Report on Criminalization of Politics, 1993

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