Supreme Court Rules

Ans: The election of a particular candidate can be declared void under section 100 of the Representation of  People Act, 1951, if the High Court is of the opinion that - a) On the date of the election of returned candidate, a returned candidate was not qualified or was disqualified to be chosen to fill the seat. b) Any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent. c) By improper acceptance of any nomination. d) By any improper reception, refusal or rejection of any vote or the reception of any vote which is void. e) By any non-compliance with the provisions of the Constitution or RPA or any rules or orders made under this act.

Ans: An election petition refers to the procedure for challenging the result of a Parliamentary election, assembly or local election.  Election petitions are filed in the High Court of the particular state in which the election was conducted.  Therefore, only the High Courts have the original jurisdiction on deciding on election petitions. Such  jurisdiction shall be exercised ordinarily by the Single Judge of the High Court and Chief Justice shall  from time to time assign one or more Judges for that purpose. For the parliamentary election,  election petition  is filed in Supreme Court.  

Ans: Article 12 of Indian Constitution mentions about the state. The state includes Central Government,  State Government , Municipality, etc. The concept of P.I.L was taken from USA in 1980. The purpose of P.I.L is to protect human rights and for the  benefit of public at large. In PIL, the individual interest of human is never considered. The purpose of P.I.L is to maintain rule of law in society. Justice P. N. bhagwati and Justice Krishna Iyer was the founder of P.I.L. Article 12 defines ‘State’ as: Legislative and Executive Organs of the Union Government:  Indian Government Indian Parliament – Lok Sabha, Rajya Sabha Legislative and Executive organs of the State Government:  State Governments State Legislature – Legislative Assembly, Legislative Council of State All local authorities  Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats District Boards Improvement Trusts,...

Ans: If the Public Interest Litigation is filed in Supreme Court, there must be 5 copies of Public Interest Litigation while filing Public Interest Litigation in Supreme Court whereas there must be two copies of Public Interest Litigation while filing Public Interest Litigation in High Court. The fees of PIL is Rs 50 and can be nil depending on the court. It is on the discretion of court to admit PIL. If a person files PIL and it wastes time of court, the court can impose fine on that person.

Ans: Any person can file the personal interest litigation in Supreme Court related to matters of public at large. The public interest litigation can not be filed for private matters. PIL can be filed under Article 32 of Indian Constitution in Supreme Court and under Article 226 of Indian Constitution in High Court. Under section 133 of Cr.P.C, a Magistrate also has the power to order in the matters of public welfare. Section 133 of Cr.P.C deals with conditional orders for the removal of nuisance.  A person can directly go in Supreme Court for public interest litigation but the matter must have great importance. Whenever there is an infringement of human rights or there is violation of constitutional rights, the public interest litigation is filed. The PIL can be filed in Court through an advocate or counsel or can also be filed by sending the issue through post to court. If court finds it suitable,  the court can take the cognizance of the issue.

Ans: The public interest litigation can be filed in both High Court and Supreme Court.  Public Interest Litigation  can be filed under Article 32 of Indian Constitution in Supreme Court and under Article 226 of Indian Constitution in High Court.