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Question Bank
Question
Explain the legal framework and significance of Section 100(1)(d) of the Representation of the People Act, 1951. What are the specific grounds it covers for declaring an election void?
Solution
Section 100(1)(d) of the Representation of the People Act, 1951, is a pivotal provision that stipulates the grounds for voiding an election if the High Court is of the opinion that the result of the election, concerning a returned candidate, has been materially affected. This can occur due to several reasons, including: (i) the improper acceptance of any nomination, or (iv) any non-compliance with the provisions of the Constitution of India, the Representation of the People Act itself, or any rules or orders made under this Act. The core idea is that procedural irregularities or the wrongful inclusion of a candidate must have a tangible impact on the electoral outcome for the election to be declared invalid.
Question
What are the statutory obligations of a candidate under Section 33A of the Representation of the People Act, 1951, regarding the disclosure of their background and assets?
Solution
Section 33A of the Representation of the People Act, 1951, mandates a statutory obligation for candidates to furnish specific information beyond the basic nomination paper. This provision, often linked to electoral reforms, requires a candidate to disclose in an affidavit whether they are accused of any serious offence in a pending case where charges have been framed, or if they have been convicted of certain offences and sentenced to imprisonment. Furthermore, the candidate must verify this information through a sworn affidavit, which is then displayed by the Returning Officer for public scrutiny, thereby upholding the voter's right to know.
Question
Describe the scope of the "Right to Know" as interpreted by the Indian judiciary in the context of elections. How is this right connected to the Constitution?
Solution
The Indian judiciary has recognized the "Right to Know" as a fundamental right derived from Article 19(1)(a) of the Constitution of India, which guarantees freedom of speech and expression. The Supreme Court has held that this freedom includes the right of the electorate to receive information. In the electoral context, this translates to a voter's fundamental right to know the antecedents, qualifications, and assets and liabilities of a candidate. This right is essential for voters to make an informed choice and is considered vital for the purity and transparency of the electoral process, ensuring that democracy is meaningful and not based on misinformation.
Question
What powers does a Returning Officer possess under Section 36 of the Representation of the People Act, 1951, during the scrutiny of nominations? What constitutes a 'defect of a substantial character'?
Solution
Under Section 36 of the Representation of the People Act, 1951, the Returning Officer is empowered to examine nomination papers and decide on objections during the scrutiny of nominations. The officer can reject a nomination on specific grounds, such as a candidate lacking qualifications or having disqualifications, a failure to comply with Sections 33 or 34 (which deal with the nomination form and deposit), or if the signatures on the nomination are not genuine. Crucially, Section 36(4) states that a nomination paper shall not be rejected for any defect which is not of a substantial character. A substantial defect is not merely a technical or clerical error; it is a significant failure, such as leaving mandatory columns in the affidavit blank or suppressing material information that violates the voter's right to know, thereby going to the root of the nomination's validity.
Question
In the context of election nominations, what is the legal consequence of filing an affidavit with blank or incomplete particulars, as per the guidelines of the Election Commission of India and judicial pronouncements?
Solution
Filing an affidavit with blank or incomplete particulars is considered a serious lapse with significant legal consequences. The Supreme Court and the Election Commission of India have clarified that such an affidavit is deemed nugatory—that is, it is legally invalid and ineffectual. This act frustrates the very purpose of the disclosure mandate, which is to enable the Returning Officer to verify a candidate's eligibility and to provide essential information to voters. Consequently, if a candidate, even after a reminder, fails to fill the blanks (or mark them as 'NIL' or 'Not Applicable'), the nomination paper is liable to be rejected at the scrutiny stage under Section 36. This is treated as a defect of a substantial character as it constitutes a failure to comply with the disclosure requirements mandated by law and the Constitution.
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