Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short note on election laws and election disputes supported by a couple of Supreme Court judgments.

🗳️ Unified Electoral Roll (Article 325)

• There shall be one general electoral roll for every territorial constituency for election to Parliament or State Legislature.
• No person shall be ineligible for inclusion in such roll on grounds only of religion, race, caste or sex.
• No person shall claim to be included in any special electoral roll on grounds only of religion, race, caste or sex.

🗳️ Universal Adult Suffrage (Article 326)

• Elections to House of People and Legislative Assemblies shall be on the basis of adult suffrage.
• Every person:
  • who is a citizen,
  • not less than 18 years of age on a date fixed under law,
  • not otherwise disqualified under any law,

  shall be entitled to be registered as a voter.

• A law made by the appropriate legislature can disqualify a person from being registered as a voter on grounds of non–residence, unsoundness of mind, crime, corrupt or illegal practice.

📘 Representation of the People Act 1950

Section 16 – Disqualifications for registration

• A person shall be disqualified for registration if:
  • he is not a citizen of India,
  • he is of unsound mind and stands so declared by a competent Court,
  • he is disqualified from voting under any law relating to elections.

Section 19 – Conditions of registration

• Every person who:
  • is not less than eighteen years of age on the qualifying date,
  • is ordinarily resident in a constituency,

  shall be entitled to be registered in the electoral roll for that constituency.

Section 14 – Definitions

• “Constituency” means an Assembly constituency.
• “Qualifying date” means the 1st day of January of the year in which the electoral roll is prepared or revised.

Section 20 – Meaning of “ordinarily resident”

• If a question arises as to where a person is ordinarily resident at any relevant time, it shall be determined with reference to all facts and to rules made by Central Govt in consultation with the Election Commission.

📕 Representation of the People Act 1951

Section 62(1) – Right to vote

• No person not entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
• Every person entered in the electoral roll shall be entitled to vote, except as expressly provided by this Act.

Section 62(2)

• No person shall vote if disqualified under Section 16 of RP Act 1950.

Section 62(5)

• No person shall vote at any election if confined in a prison or in lawful custody of police (except preventive detention cases).

Section 11A – Disqualification on conviction and corrupt practices

• If convicted under IPC Sections 171-E, 171-F or relevant sections of this Act, a person is disqualified from voting for six years.
• Any person disqualified by the President under Section 8A(1) shall also be disqualified for the same period for voting at any election.

📘 Article 327 – Election Laws by Parliament

• Parliament may by law make provisions for elections to Parliament or State Legislatures, including preparation of electoral rolls and delimitation of constituencies.
• Laws made by Parliament:
  • Representation of the People Act 1950
  • Representation of the People Act 1951

📗 Article 328 – Election Laws by State Legislatures

• Subject to any law made by Parliament, a State Legislature may by law make provision for elections to State Legislature, including preparation of electoral rolls.

📙 Article 329 – Bar Against Courts

• Validity of any law relating to delimitation of constituencies under Articles 327 or 328 shall not be called in question in any court.

📌 Additional Related Material

• Delimitation means drawing of electoral boundaries.
• Article 82 provides for delimitation of electoral boundaries after every census.
• Delimitation includes allocation of number of seats and demarcation into territories.
• Delimitation Commission Acts: 1952, 1962, 1972, 2002; Commissions set up in 1952, 1963, 1973, 2002.

⚖️ Election Disputes

• No election to Parliament or State Legislature shall be called in question except by an election petition under a law made by the appropriate legislature.

📘 Representation of the People Act 1951

Section 80 – Election Petitions

• No election shall be called in question except by an election petition.

Section 80A – High Court Jurisdiction

• The Court having jurisdiction to try an election petition shall be the High Court.

Section 84 – Relief that may be claimed

• Petitioner may claim a declaration that the election of any returned candidate is void, or that he or any other candidate has been duly elected.

📜 Case Law

Mohinder Singh Gill v. Chief Election Commissioner [1977 SC]

• Article 329(b) provides a blanket ban on litigative challenge to electoral steps taken by the Election Commission.
• The bar ensures prompt completion of elections without intermediate legal interruptions.
• The sole remedy for aggrieved parties is via an election petition; constitutional remedies like Article 226 are excluded.
• Election Commission can exercise powers under Article 324 independently, including ordering re-polls.

N.P. Ponnuswami v. Returning Officer [21 January 1952]

• Appellant’s nomination paper was rejected; he applied under Article 226 to quash the order.
• Constitution and Representation of the People Act specify that election-related matters must be brought before the appropriate tribunal at the proper stage, not before courts at intermediate stages.
• Article 329(b) prescribes the manner and stage to raise election challenges.

✅ Right to Vote is a Legal Right

• Right to vote or stand as a candidate is not a civil right but a statutory right, subject to limitations imposed by law.

❓ Frequently Asked Questions – Election Laws & Disputes

🗳️ What is the role of Articles 327-329 in Indian election laws?

⚖️ How are election disputes settled under the Representation of the People Act?

📜 What did the Supreme Court decide in Mohinder Singh Gill v. Chief Election Commissioner?

📝 What was the significance of N.P. Ponnuswami v. Returning Officer [1952]?

✅ Is the right to vote a civil right or a legal right?

🔹 What is the significance of delimitation in Indian elections?