Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void ? What remedy is available to the aggrieved party against the decision ? Refer to the case laws.

lection Commission of India is entrusted with the responsibility to conduct the free and fair elections which are necessary for the functioning of a vibrant democracy.

However the Model code of conduct as prescribed under Section 126 of the RPA, 1951 prohibits:

→ any public meetings, rallies or display of election matters in print form or media, 48 hours before elections.

However, the provisions under the Act are insufficient in the to meet the changing needs like:

1. Technology proliferation leading to misconduct on part of political parties in the form of 'pyschological targeting' of an public and changing their views and opinions.

eg. The recent Cambridge Analytica case where political parties allegedly used services of this company to manipulate election outcomes.

1. Democratisation of internet and social media → virtually impossible for ECI to curb display of election materials 48 hours before the elections.

Recent Judicial Pronouncements:

1. NOTA - citizens to be given right to reject a candidate.
2. Ban criminals from contesting elections.
3. MPs and MLAs to be disqualified on the date of criminal conviction if the punishment is more than 2 years in jail. (Lily Thomas case)
4. EVM with VVPAT-indispensable for a democracy.

The need to further amend the Act:

1. Make 'NOTA' an assertive and valid vote to discourage criminals from contesting.
2. Include social media into the section 126 of the Act so as to curb misuse.
3. Being in stringent provisions for disqualifications.
4. Make funding of polls transparent.