Don’t dismiss those election petitions
Generally after elections there are petitions made against the results in the courts. But the verdict is delayed so much that the term of elected candidate gets over and there is no decision by the courts. So these election petitions are disposed by the courts as they are useless because even if they come to a conclusion then it won't effect the term which has already passed by. But the author is of the view that such disposals should not be made as they involve substantial questions and are a matter of public importance.
Section 86 (6) of RPA, 1951 : trials in election cases shall, as far as is practicable, proceed on a day-to-day basis
Section 86 (7): directs the court to endeavour to conclude the trial within six months from the date on which the petition is presented to the High Court.
But these sections are not followed and petitions related to 2009 LS elections were not completed in 6 months and many of them did not receive judgement even after the 5 year term.
Supreme Court in Sheodhan Singh vs. Mohan Gautam: “no one can be allowed to corrupt the course of an election and get away with it either by resigning his membership or because of the fortuitous circumstance of the assembly being dissolved. The Public are interested in seeing that those who had corrupted the course of an election are dealt with in accordance with Law.”
"In an election petition, the contest is really between the constituency on the one side and the person or persons complained of on the other. Once the machinery of the Act is moved by a candidate or an elector, the carriage of the case does not entirely rest with the petitioner.”
The law relating to withdrawal and abatement of election petitions is exhaustively dealt with in chapter IV of Part VI of the Representation of People’s Act. These provisions do not provide for abatement of an election petition, either when the returned candidate whose election is challenged resigns or when the Assembly is dissolved.
Again, even if the petitioner in the election petition loses interest in pursuing the petition, it is open to the court to substitute any of the other contestants/respondents in place of the petitioner and continue the proceedings. It may even be advisable to substitute the Election Commission in place of the petitioner in appropriate cases. As emphasised by the Supreme Court, an election petition is not a lis between two individuals but an attempt at preserving the purity of the electoral process. The judiciary would be doing salutary service to this spirit of our election laws if it does not close pending election petitions as infructuous but instead proceeds to take these cases to their logical end.
The 16th Lok Sabha will have the highest number of MPs with criminal cases against them. Over a third or 34 per cent of the new MPs face criminal charges, says data from the Association for Democratic Reforms (ADR), which analysed the election affidavits filed before the Election Commission.
The percentage in 2009 and 2004 stood at 30 and 24 respectively.
Despite bad weather, record foodgrain output likely
Despite adverse weather conditions earlier this year, the total foodgrain output for 2013-14 is estimated to reach a record level of 264.38 million tonnes as against 257.13 million tonnes achieved the previous year. The promising output would offset the effects of a delayed and deficient Southwest Monsoon projected for this year.
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