THOMAS J.UNNIYADAN Vs. R.BINDU

JUDGEMENT

(1.) Elections are fundamental and pre-requisite for a democracy. In a democracy, the authority of the Government derives, solely from the consent of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections.

(2.) As observed by the Hon'ble Supreme Court in Lok Prahari through its General Secretary S.N.Shukla v. Union of India and Others [(2018) 4 SCC 699], the framers of the Constitution were aware of the fact that no election process can be infallible nor can any election be absolutely pure. Therefore, disputes are bound to occur in elections. Hence, Article 329(b) of the Constitution, stipulates:-

(3.) In the year 1951, the Parliament enacted the Representation of People Act, 1951 (hereinafter referred as 'the RP Act') to provide for the conduct of elections, to the House of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices, and other offences, at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.