First Published: July 17, 2009 | Last Updated:August 4, 2020
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Q6 .A political party should get 4% of votes polled in state to get the status of regional party as per my knowledge….but answer given is 1%. pls clarify
power to decide an election petition in India is vested in supreme court.. but it is given administrative tribunal.. please verify it..
process of an election petition, which can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court. Sumit Sonkar
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the power to decide an election petition is vested in the high court.
Prior to 1966 election petitions were presented to the Election Commission, which would constitute one-member Election Tribunals of the rank of District Judge, on an ad hoc basis for the trial of election petitions. In Hari Vishnu Kamath v. Ahmed Isheque it was held by the Supreme Court that Art 329(b) prohibited only the ‘initiation’ of proceedings, questioning an election, in any other manner other than by an election petition and once that proceeding was initiated by filing an election petition, the requirement of Art 329(b) was met and thereafter the trial of the petition by the election tribunal was subject to the general law and to the supervision of High Courts over tribunals.
Thus in order to avoid dual jurisdiction over the election matters the Election Commission recommended that trial of election petitions should be entrusted to the High Courts instead of election tribunals. Parliament thus enacted Section 80-A of the Representation of the People Act, 1951 providing that the “High Court” shall be the authority for presentment of election petitions under Article 329(b) of the Constitution. This was incorporated by an amendment in the year 1966 (Act 47 of 1966).