Consider the following statements 1. If a disqualified person is elec...
If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare the election void. This matter is dealt with by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected.
Consider the following statements 1. If a disqualified person is elec...
Explanation:
The question is related to the election of a disqualified person to the Parliament and the procedure to declare such an election void. The correct answer is option 'C' which means both statements 1 and 2 are correct.
1. No Procedure to Declare Election Void:
If a disqualified person is elected to the Parliament, the Constitution of India does not provide any specific procedure to declare the election void. However, the Constitution empowers the Parliament to make laws to regulate such elections.
2. High Court Can Declare Election Void:
According to Section 100 of the Representation of the People Act, 1951, if a disqualified candidate contests and wins an election, the high court can declare the election void. The disqualification can be due to various reasons such as holding an office of profit, conviction for a criminal offense, etc.
Conclusion:
Hence, it can be concluded that both statements 1 and 2 are correct. Although the Constitution does not provide a specific procedure to declare an election void in case a disqualified person is elected to the Parliament, the high court has the power to declare the election void under certain circumstances.