Alishan Shaikh Constitutional Law

NAME - ALISHAN TAUSIF SHAIKH
ROLL NO - 40
TY BLS LLB
SUBJECT – CONSTITUTIONAL LAW
TOPIC – Election Commission & it’s role in Strengthening

Democracy
PROFESSER– NISHA GAIKWAD MAM
ANAND VISHWA GURUKUL COLLEGE OF LAW

INTRODUCTION ABOUT ELECTION COMMISSION
• The Election Commission is a body which is responsible for making sure and conducting free and fair elections in the country. This power
has been vested to the body by Article 324 of the Constitution of India. Since its establishment in 1950 and till 15th October 1989, the
Election Commission had functioned as a single member body consisting of the Chief Election Commissioner.
• But on 16th October 1989, the President of India appointed two more election commissioners to cope up with the increased work of the
election commission, this was done due to the fact that the voting age had been reduced to 18 years from 21 years.
• And in October 1993, the President of India appointed two more election commissioner and since then, to this day, the Election Commission
has been functioning as a multi-member body consisting of three election commissioners.
What is the Election commission?
• The Election Commission is an independent and permanent body which is established by the Constitution of India to ensure free and fair
elections in the entire nation.
• Article 324 of the Constitution of India provides for the power of superintendence, direction, and control of the elections for the parliament,
state legislatures, the office of the President of India and the office of the Vice-President of India, is vested in the Election Commission’s
jurisdiction. Hence, the election commission is a body which is common to both the Central Government as well as the State Governments.
• The election commission is not at all concerned with the elections of panchayats and municipalities in the states, for these elections, there is
a separate body which is called as the State Election Commission.
FUNCTIONS OF ELECTION COMMISSION
• To Notify the dates and the schedule of the elections and to scrutinise the nomination papers.
• To prepare and revise electoral rolls and register all the eligible voters.
• To determine the areas of the electoral constituencies throughout the territory of India.
• To grant recognition to the political parties and assign the election symbols to the political parties.
• To act as a Court for settling disputes which are related to granting recognition to the political parties and in the allotment of election
symbols to these political parties.
• Determining the code of conduct to be followed by the parties and the candidates at the time of the elections.
JURISDICTION OF THE SUPREME COURT OVER ELECTION TRIBUNALS
The following are the grounds on which the supreme court can interfere with the Election Tribunals-
i. Where the Tribunals does not perform its duty under the law;
ii. Where the tribunals misdirects itself upon the question;
iii. Where the tribunals sets aside an election upon a wrong view of the law;
iv. Where it sets aside the entire election;
v. Where it wrongly holds a candidate to be guilty of corrupt practice;
vi. Where its decision is without or beyond jurisdiction.

JURISDICTION OF HIGH COURT OVER ELECTION TRIBUNALS
The High Court may also interfere on the ground of-
i. Thar the Tribunals has acted without or beyond jurisdiction;
ii. That it has not performed its duty under the law;
iii. That it has acted against the principles of natural justice;
iv. There is an error on the face of the record.

BRUNDABAN NAYAK VS ELECTION COMMISSION OF INDIA
FACTS
• Brundaban Nayak elected as MLA from Hinjli constituency in Ganjam District.
• Later he was appointed as minister. On 18 Aug. 1964, application to governor regarding disqualifications of the member under art. 191 (1)
(e) read with section 7 (b) of Representation of People's Act, 1951 was challenged.
• Governor forwarded the application to Election Commissioner under Art. 192 to seek opinion.EC communicated its opinion to Governor
after hearing of the parties. In the course of the communication of opinion by Election Commissioner, appellant moved to Punjab and
Haryana High Court.
• Petition was dismissed. So appellant filed Special Leave Petitions in Supreme Court and was granted.
JUDGEMENT OF THE CASE
• The opinion was invited. Appellant sought for Adjournment and the other factor was that he was absent. The Election Commissioner wanted
to hear the appellant on the basis of Article 192 (2).In accordance with the Article 191 (1) (e), read with Section 7 (6) of RPA, 1951, he is so
disqualified by or under any law made by parliament.
• Disqualified means disqualified for being chosen as and for being a member of either house of parliament or legislative assembly.Art. 191
(1) shows post disqualification; Art. 190 (3) proves it.
• This was further elucidated in the case of Election Commission of India v. Saka Venkata Subba Rao, the judgment was read out or,the basis
of Art. 196 (3) and 192 (1) and post election disqualification was approved of.Art. 192 (2) emphasises on the word "shall" and talks of the
transfer to the Election Commissioner.
• Decision was taken by the Governor in accordance with Art. 192 (1), that no consultation by Council and Minister required.
• Also, it was drawn to notice by the learned Attorney-General to the observations made by the Chief Election Commissioner when he
rendered his opinion to the Governor on May 30, 1964, on a similar question under Art. 192(2) in respect of the alleged disqualification of
Mr. Biren Mitra, a member of the Orissa Legislative Assembly, "Where, as in the present case", observed the Chief Election Commissioner,
"the relevant facts are in dispute and can only be ascertained after a proper enquiry, the Commission finds itself in the unsatisfactory
position of having to give a decisive opinion, and the basis of such affidavits and documents as may be produced before it by interested
parties. The result is, the appeal fails and is dismissed with costs
THANKYOU

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NAME - ALISHAN TAUSIF SHAIKH

SUBJECT – CONSTITUTIONAL LAW

TOPIC – Election Commission & it’s role in Strengthening

PROFESSER– NISHA GAIKWAD MAM

ANAND VISHWA GURUKUL COLLEGE OF LAW

ii. Where the tribunals misdirects itself upon the question;

iv. Where it sets aside the entire election;

v. Where it wrongly holds a candidate to be guilty of corrupt practice;

vi. Where its decision is without or beyond jurisdiction.

The High Court may also interfere on the ground of-

i. Thar the Tribunals has acted without or beyond jurisdiction;

iii. That it has acted against the principles of natural justice;

iv. There is an error on the face of the record.

• Brundaban Nayak elected as MLA from Hinjli constituency in Ganjam District.

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