4.6. Provisions for settlement of disputes

No election shall be called in question except by an election petition presented to the High Court having jurisdiction of the state involved. Such jurisdiction of High court shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose. An election petition can either be filed by any candidate at such election or by any elector within forty-five days from, the date of election of the elected candidate.

Following are the grounds on which an election petition may be presented:

a. that a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act or the Government of Union Territories Act, 1963 on the date of his election; or

b. that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

c. that any nomination has been improperly rejected; or

d. that the result of the election has been materially affected—

i. by the improper acceptance or any nomination, or

ii. by any corrupt practice committed in the interests of the elected candidate by an agent other than his election agent, or

iii. by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

iv. by any non—compliance with the provisions of the Constitution or of RPA, 1951 or of any rules or orders made under RPA, 1951.

Every election petition shall be tried as expeditiously as possible and efforts shall be made to conclude the trial within six months from the date on which the election petition is presented. If the High Court upholds the election petition, it declares the election of the selected candidate to be void. However, an appeal ca be made to the Supreme Court within a period of thirty days from the date of the order of the High Court.

It is to be noted that according to Section 170 of RPA, 1951 no civil court has jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this act in connection with an election.