Challenging the election
Querist :
Anonymous
(Querist) 12 September 2011
This query is : Resolved
Respected Sir,
i want to challenges the election of panchs (Ward members)as the election held with a incorrect voter list.
About 18 days Before the date of election, a presentation filed before the Chief Electrol Officer, stating all the fact.
now i want know that if i want to challenges the election before State High Court under which ACT, And Section.
thanks,
R.Ramachandran
(Expert) 12 September 2011
Can you please state generally as to what are the inaccuracies in the voter list (example) which you pointed out.
Advocate Rajkumarlaxman
(Expert) 13 September 2011
Peoples Representation Act
you can move before the HIghcourt as Election Petition and get through
M/s. Y-not legal services
(Expert) 13 September 2011
Yes am also agree with expert that you have to move your high court under representation of peoples act.
prabhakar singh
(Expert) 13 September 2011
You have not stated to which state your matter relates???
The election of panches generally relates to
Panchayats Acts which are legislated by
states.So without knowing the name of the
state and the defect in particular on the
ground of which you desire to challenge ??
Guest
(Expert) 13 September 2011
Queries of both Shri Ramachandran and Shri Prabhakar Singh are quite valid to be replied before you can get appropriate advice.
R.Ramachandran
(Expert) 13 September 2011
The provisions of Representation of Peoples Act, 1951 are not at all applicable to this case, since that law is applicable only in respect of an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir.
The Panchayat election in the instant case will be governed by the provisions of The Tamil Nadu Panchayats Act, 1994 and The Tamil Nadu Panchayats (Elections) Rules, 1995.
In terms of Rule 14 of the Rules, the Electoral Roll of a Panchayat, hereinafter referred to as “the roll’, shall be prepared by reference to the “qualifying date”.
According to Section 2 (xxvi) of the Act, “qualifying date” in relation to the preparation of every electoral roll under these Rules means the first day of January of the year in which it is so prepared.
Rule 21 of the Rules provide for procedure for lodging claims and objections.-
According to Rule 21, all omissions of names in any part of the roll or objections to any entry in the roll, at any point of time after its publication under Rule 20, shall be settled by first getting amended suitably the relevant portion of the electoral roll of the Tamil Nadu Legislative Assembly Constituency based on which the Panchayat Roll was prepared.
Anybody wishing to raise a claim for inclusion of any name in the roll or any objection in respect of any entry in the roll so published, shall submit a proper claim or objection under the provisions of the Registration of Electors Rules, 1960 to the Electoral Registration Officer of the concerned Legislative Assembly Constituency. Subject to the provisions in Section 30 of the Act and based on the orders of the Electoral Registration Officer of the Assembly Constituency on such claims and objections, the Panchayat Electoral Registration Officer shall amend the relevant portion of the Panchayat Electoral Roll, incorporating the changes by issuing an amendment to the relevant part of the Panchayat Electoral Roll. In case of any clerical or printing error or both and when the entries deviate from the particulars of Assembly Roll, the Panchayat Electoral Registration Officer may cause such errors, omissions and commissions rectified so as to bring it in conformity with the particulars of the Assembly Roll concerned. In other words, the Panchayat Electoral Registration Officer, will not resort to suo motu revision of the rolls by way of deletions or additions or modifications.
Therefore, your objecting to the inaccuracies in the electrol roll just 18 days ahead of the election will not be correct.
In any case, if you have to challenge the same, you have to file a case before the District Court and not before the High Court.
The relevant provisions of Sections 258 and 259 of the Tamil Nadu Panchayats Act, 1994.
R.Ramachandran
(Expert) 13 September 2011
I am sorry, I do not know why and how I just assumed that the querist is from Tamilnadu? He could be from any of the States. Sorry for the goof-up by me.
In any case, the relevant provisions of the State Panchayat Act will apply.
prabhakar singh
(Expert) 13 September 2011
"In any case, the relevant provisions of the State Panchayat Act will apply."
Only to this much i happily agree with Expert : R.Ramachandran
girish shringi
(Expert) 14 September 2011
i DO AGREE WITH THE EXPERTS.
