Published: 3rd May, 2024
Context
The Election Commission of India (ECI) under Sections 58(2) and 58A(2) of the Representation of the People Act, 1951, ordered re-polling at a polling booth in various Lok Sabha Constituency in Karnataka and Manipur.
Constitutional Provision
- Article 324: Article 324 of the Indian Constitution vests the superintendence, direction, and control of elections in the hands of the Election Commission. The ECI is entrusted with the responsibility of ensuring free and fair elections at all levels of government.
- Representation of the People Act, 1951: The Representation of the People Act, 1951, provides the legal framework for conducting elections in India.
- Section 58 of the Act empowers the Election Commission to order re-polling in cases where irregularities, booth capturing, or other electoral malpractices are reported.
- Rule 64 of Conduct of Election Rules, 1961: It stipulates that if the presiding officer is satisfied that any irregularity or person's misconduct has affected the result of the poll at a particular polling station, they shall report the same to the returning officer. Based on the presiding officer's report and after due inquiry, the ECI may order re-polling at the affected polling station.
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Fact Box: Section 58 of the RPA Under Section 58 of the RPA (‘Fresh poll in the case of destruction, etc., of ballot boxes’), the EC can declare the poll at a polling station to be void if:
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