Q. With reference to state assembly election disputes, consider the following statements:
1. High Courts have original jurisdiction on deciding on election petitions.
2. An election petition can be filed by a candidate or a voter from the constituency.
3. When the election of a candidate is declared void, all acts done by him/her as a legislator are invalidated.
How many of the above statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: Election petitions are filed in the High Court of the particular state in which the election was conducted. Therefore, the High Courts have the original jurisdiction on deciding on election petitions. Petitioners have a right to appeal in the Supreme Court against the High Court’s order.
Statement 2 is correct: An election petition can be filed by any candidate, or an elector relating to the election personally, to the authorized officer of the High Court. An election petition has to be filed within 45 days from the date of the poll results.
Statement 3 is incorrect: When the election of a candidate is declared void, any of his acts or proceedings in which that candidate has participated as a Member of Parliament or State Legislature, are not invalidated by reason of that order, nor such candidate is subjected to any liability or penalty on the ground of such participation
