Check your EQ (Election Quotient)— our pithy Quiz...by KBS Sidhu

Welcome to the biggest ever democratic exercise in the history of the world

Chandigarh: Welcome to our quiz on the monumental event that marks the biggest democratic exercise in the world: the 2024 Lok Sabha elections in India. With nearly 100 crore eligible voters poised to cast their ballots across the length and breadth of the country, this election stands as a testament to the vibrant and robust democracy that India is.

 Spanning seven phases, the electoral process culminates in the counting of votes on 4th June 2024, an eagerly anticipated date that will decide the direction of the nation for the next five years.

This quiz aims to enhance your understanding of the electoral process, the roles and responsibilities of various stakeholders, and the rules that ensure fairness and transparency. So, let's embark on this journey of discovery together, celebrating the spirit of democracy that empowers every voter to shape the future of India.

Question 1:

"Is it mandatory for a candidate to be a registered voter in a specific state in order to contest for a Lok Sabha seat from any constituency within that state?"

Answer:

No, it is not mandatory for a person to be a registered voter in a particular state to contest for a Lok Sabha seat from any constituency within that state. According to the Representation of the People Act, 1951, a candidate must be a registered voter from any constituency in India. 

However, there is no requirement for the candidate to be registered specifically in the constituency or even in the state from which they intend to contest the Lok Sabha elections. This flexibility allows for a wider pool of candidates to participate in the electoral process, ensuring that political parties can field candidates who, they believe, are best suited to represent a particular constituency, even if those candidates do not have a direct electoral connection to that area through voter registration.

Question 2:

"Is the minimum age requirement for qualifying as a Lok Sabha candidate set at 21 years? Additionally, is there a maximum age limit imposed for candidates?"

Answer:

The minimum age required to qualify as a candidate for the Lok Sabha is 25 years, not 21. The Constitution of India specifies that a person must be at least 25 years of age to be eligible to contest in the Lok Sabha elections. There is no maximum age limit for candidates contesting for the Lok Sabha. This age criterion ensures that candidates have attained a certain level of maturity and experience before they are given the responsibility of representing their constituents in the lower house of the Parliament. The absence of a maximum age limit allows for the inclusion of experienced individuals who can bring their knowledge and expertise to the legislative process.

Question 3:

"What is the procedure followed if a candidate passes away after the final list of contesting candidates has been approved by the Returning Officer?"

Answer:

If a candidate dies after the list of contesting candidates has been finalised but before the polls are conducted, the election for that particular constituency is countermanded (cancelled) by the Election Commission of India. This process involves postponing the election to a later date to allow the concerned political party (if the candidate was representing one) to nominate a new candidate. The nomination and campaigning processes are restarted to accommodate this change. This rule is in place to ensure that political parties and voters are not unduly disadvantaged by the unforeseen demise of a candidate. The new election date is announced by the Election Commission, giving adequate time for the revised campaigning and nomination processes. This procedure underscores the fairness and inclusivity of the electoral process, allowing parties and voters to make informed choices under unexpected circumstances.

Question 4:

"Is it permissible for an individual to contest elections from two different constituencies, and what are the consequences if they win in both?"

Answer:

Yes, the laws governing elections in India allow a person to contest from two different constituencies in the same general or state elections. This provision is contained within the Representation of the People Act, 1951.

 However, if a candidate wins from both constituencies, they must vacate one of the seats within a stipulated time frame, as per the rules set by the Election Commission of India.

The necessity to vacate one of the seats arises because a single individual cannot simultaneously represent two constituencies in the legislature. 

After choosing which seat to retain, a by-election is conducted for the vacated constituency to ensure representation for its constituents. This process ensures that every constituency has its representation in the legislative body without being impacted by the outcome of candidates contesting multiple seats. 

The rationale behind allowing candidates to contest from two places is to provide a safety net in case they lose in one constituency but also leads to additional expenditure and effort in organizing by-elections.

Question 5:

"If a Returning Officer rejects a nomination paper, what recourse is available to the aggrieved candidate?"

Answer:

If a nomination paper is rejected by the Returning Officer, the aggrieved candidate has the option to file an “Election Petition” against this decision in the appropriate High Court. The petition must be filed promptly, as the electoral timeline is strict, and any delay might affect the candidate's ability to contest in the election. In absence of a stay order, which is generally the norm, the election process is NOT held in abeyance.

The legal framework provides this recourse to ensure fairness and transparency in the electoral process. The High Court reviews the case to determine if the rejection was in accordance with the law and the guidelines set by the Election Commission of India. 

If the court finds that the Returning Officer's decision to reject the nomination was unjustified, it can order order a fresh election after the reinstatement of the candidate's nomination.

This judicial remedy ensures that candidates have a fair chance to contest elections and that their nominations are not unduly rejected, safeguarding the democratic process and ensuring that electoral disputes are resolved judiciously.

Question 6:

"After the Returning Officer has declared the election results, does the Election Commission possess the authority to annul this declaration? If not, what legal avenues are available to a contesting candidate who believes they have been wronged by the election process or result?"

Answer:

Once the Returning Officer has officially declared the results of an election, the Election Commission of India does not have the authority to annul that declaration directly. The declaration of results by the Returning Officer is considered final for that stage of the electoral process. However, this does not mean that aggrieved parties are without recourse if they believe there have been irregularities or legal violations in the conduct or outcome of the election.

Remedy for Aggrieved Contesting Candidate:

The primary legal recourse available to an aggrieved contesting candidate is to file an election petition challenging the election results. This petition is not filed with the Election Commission but rather must be submitted to the High Court of the state where the constituency is located, or in some cases, directly to the Supreme Court of India, depending on the nature of the election and the specific grounds of the challenge.

The grounds for filing an election petition can include but are not limited to, allegations of electoral fraud, malpractices, non-compliance with the election rules and regulations, and manipulation of vote counts. 

The judiciary then examines the merits of the case, and if it finds substantial evidence supporting the claims, it has the power to declare the election null and void, order a re-poll, or in some instances, declare the petitioner the winner.

This judicial review process ensures that the electoral process remains transparent, fair, and just, providing a mechanism to rectify errors or injustices that may have occurred during the election. It acts as a crucial safeguard for upholding the integrity of democratic elections.

Question 7:

"If I possess a voter ID card but discover my name is missing from the electoral roll on election day, what steps can I take to ensure I am able to cast my vote?"

Answer:

In the event you find your name missing from the electoral roll on election day despite having a voter ID card, the immediate step is to approach the polling station officials for assistance. Here are the actions you might consider:

Verify the Electoral Roll: Sometimes, names could be listed in a different part of the electoral roll or under a different polling station, especially if there have been recent changes in the electoral boundaries or if you have moved residence and updated your address. Ask the officials to check other sections of the roll or nearby polling stations' lists.

If not, there is really nothing that can be done at this stage. It is, therefore, recommended that you may, well in advance check your vote online. It’s free, simple and requires no login id.

March 17, 2024