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Showing posts with the label Representation Of People Act

Courts Cannot Fix Timelines for Electoral Roll Revisions: ECI Tells Supreme Court

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ECI Defends Its Constitutional Authority The Election Commission of India (ECI) has categorically told the Supreme Court that courts cannot mandate fixed timelines for special intensive revisions (SIR) of electoral rolls. In an affidavit filed on Friday, the ECI asserted that such decisions lie solely within its constitutional and statutory authority , as provided under Article 324 of the Constitution , the Representation of the People Act, 1950 , and the Registration of Electors Rules, 1960 . The Commission emphasized that it enjoys complete discretion over the preparation and revision of rolls and warned that any judicial interference in fixing mandatory timelines would amount to encroachment upon its plenary powers . PIL Seeks Nationwide Special Electoral Roll Revisions The affidavit was filed in response to a public interest litigation (PIL) by advocate Ashwini Kumar Upadhyay . His petition demanded mandatory nationwide special intensive revisions , especially before parl...

Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti

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Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...