Pratidin
2022 · GS2 · 15 marksMains

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.

Question source: superkalam.com

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Current affairs to use in your answer

Should children be used in election campaigns? A Madras HC ruling opens the debate · 23 October 2026 · Answers it directly · use it in the body

Cite the October 2026 Madras High Court ruling as a recent case showing that election petitions succeed only on Section 100 grounds and that corrupt practices need the candidate's consent.

  • Election petitions are tried by the High Court; in K. Sivakumar v. Rajendran R (2026), the Madras HC rejected a petition for disclosing no cause of action.
  • Undue influence under Section 123(2) must be by the candidate, agent or someone with their consent; a party leader's appeal to children did not qualify.
  • Appeal against a High Court decision lies to the Supreme Court under Section 116A of the RP Act.
Facts from this story you can cite
  • On 15 October 2026 the Madras High Court held that using children to persuade parents to vote is 'in bad taste' but not a ground to void an election.
  • Undue influence under Section 123(2) of the RP Act must be by the candidate, the agent or a person acting with their consent.
  • An election can be set aside only on the grounds in Section 100 of the RP Act; appeals lie to the Supreme Court under Section 116A.

Where it sits in the syllabus

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