General Knowledge - Indian Politics - Discussion

Most election petition was cleared the high court judgement above the 5 years so it's not useful.

The high court is supreme but in most cases the honorable high court refer such cases to Election commission. But in Presidential election matters the case has decided by the Supreme court.

If there has been any malpractice in election time, the candidate can file court it is not an opetition and submit in high court.

Election petition means all the cases related with election.

What election petition means?

The above statement written by shilpa is correct

Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election. An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved. Election petitions are tried by the High Court of the State involved, and if upheld can even lead to the restaging of the election in that constituency.

The above statement written by shilpa is correct.

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).

Same as above. Please.