Q. Consider the following statements:
1.Article 329(b) of the Constitution and the Representation of the People Act (RP Act) states that no election shall be called into question except through an election petition before the concerned High Court.
2.As per the Representation of the People Act, 1951 (RP Act), an elector above 25 years of age can contest Lok Sabha election from any constituency in India.
3.As per the election rules, a party cannot field a substitute candidate if the original nominee’s papers are rejected.
Which of the statements given above are correct?
Explanation –
Statements 1 and 2 are correct. Article 329(b) of the Constitution of India stipulates that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called into question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. This is also reflected in Section 80 of the Representation of the People Act (RP Act). The RP Act allows an elector who is above 25 years of age to contest Lok Sabha elections from any constituency in India.
Statement 3 is incorrect. The election rules allow for a substitute candidate to be fielded by a political party if the original candidate’s nomination papers are rejected.
Source: The Hindu
