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Showing posts with the label Representation Of People Act

Kerala to Legally Challenge Special Intensive Revision (SIR); Opposition Joins in — Constitutional Concerns Over Electoral Roll Update

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The political developments in Kerala have taken a significant constitutional turn as the State government, led by Chief Minister Pinarayi Vijayan , decided to legally challenge the Election Commission of India’s (ECI) decision to implement the Special Intensive Revision (SIR) of electoral rolls. The move, endorsed by all major political parties except the BJP, raises questions about the constitutional validity, procedural fairness, and democratic implications of the ECI’s decision. Background of the Dispute At a high-level all-party meeting in Thiruvananthapuram , the Kerala government announced its decision to seek legal recourse against the SIR exercise, citing that the ECI’s move to revise voter rolls based on the 2002 electoral list was “unscientific” and “ill-intentioned.” The Chief Minister’s Office (CMO) stated that with the upcoming local body elections scheduled for late 2025, revising the voter rolls in such a hurried and retrospective manner could disrupt the elec...

Supreme Court Seeks Election Commission’s Response on Plea for Political Party Transparency

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In a significant move to strengthen political accountability, the Supreme Court of India has sought a response from the Election Commission of India (ECI) on a plea demanding stricter compliance by political parties with existing disclosure laws. The plea calls for political parties to make public their rules, establishment documents, and details of financial contributions as mandated under the Representation of the People Act, 1951 . Background of the Petition The matter was heard by a bench comprising Justice Surya Kant, Justice Ujjal Bhuyan, and Justice Joymalya Bagchi , which issued a notice to the ECI on Monday. The bench acted upon an application filed by Ashwini Kumar Upadhyay , a Bharatiya Janata Party (BJP) leader and lawyer , in his pending Public Interest Litigation (PIL). The application was filed in the context of increasing instances where political parties have been allegedly misused for money laundering and tax evasion , leading to calls for greater transparency ...

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...