Q. Which of the following statements regarding the Election Commission of India is/ are correct?
1. All decisions of the Election Commission of India are taken by majority vote.
2. It inquires the disputes arising out of the election of the Vice-President.
3. The Election Commission cannot disqualify a candidate for violation of the Model Code of Conduct.
Select the correct option using the code given below:
Exp) Option c is the correct answer.
Statement 1 is correct: All the Election Commissioners (including Chief Election Commissioner) have the same powers and any decision is taken by majority. So the CEC is liable to be overruled.
Statement 2 is incorrect: Matters related to electoral disputes in case of the Vice President of India are decided upon by the Supreme Court only whose decision is final.
Statement 3 is correct: The members of the Election Commission can only reprimand candidates in case of violation of the Model Code of Conduct, or at most file cases under relevant sections of Civil Procedure Code. They cannot however disqualify them on any grounds, other than those mentioned in the Representation of People Act, which does not include violation of Model Code of Conduct as of now.
