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With reference to the election disputes, consider the following statements:
To decide an election petition related to Panchayat is vested in the High Court.
Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law.
The election dispute related to the Speaker of Lok Sabha is determined by High Court.
Which of the statements given above are correct?
- a)1, 2 and 3
- b)2 and 3 only
- c)1 and 3 only
- d)1 and 2 only
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to the election disputes, consider the following state...
- For the decision of election disputes, the Constitution provides [Art.329] that the ordinary courts of the land will have no jurisdiction and that any question relating to an election can be agitated only by an election petition, as provided for by law.
- Under the Representation of the People Act, the power to decide an election petition is vested in the High Court, with appeal to the Supreme Court.
- By Art. 323B of the Constitution, as inserted by the Constitution (42nd Amendment) Act, 1976, power has been conferred on the appropriate Legislature to set up a Tribunal for the adjudication of disputes relating to elections of the Legislature concerned, by making law, and to provide in such law for the exclusion of all Courts (save that of the Supreme Court under Art. 136), to entertain any such matter. In short, when any such law is made in exercise of this power, the High Court will cease to have any jurisdiction over election disputes; they will be determined only by the Administrative Tribunal set up by law, with appeal from the decision of such Tribunal to the Supreme Court by special leave under Art. 136. Hence statement 2 is correct.
- In Art. 71 of the Constitution, the exclusive forum for adjudicating disputes relating to the election of the President and Vice-President is the Supreme Court. There is no special provision for the Prime Minister or the Speaker of the House of the People, so that any dispute relating to election to these offices is to be determined only by an election petition before the High Court, according to Art. 329(b). Hence statement 1 is correct.
- The election disputes related to Panchayats:
- In the case of a village panchayat, the Munsiff‘s Court having jurisdiction over the place in which the headquarters of the panchayat is located; and
- In the case of block panchayat or district panchayat the district court having jurisdiction over the place in which the headquarters of the panchayat concerned is located.
- The Government shall, in consultation with the High Court notify the appropriate courts in the Gazette.
Hence statement 1 is not correct.
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Community Answer
With reference to the election disputes, consider the following state...
The correct answer is option 'B', which states that statements 2 and 3 are correct.
Explanation:
1. To decide an election petition related to Panchayat is vested in the High Court: This statement is incorrect. Election disputes related to Panchayat are not decided by the High Court. Instead, they are determined by the State Election Commission or the District Collector, depending on the specific laws and regulations of each state.
2. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law: This statement is correct. Election disputes related to the House of Parliament (Lok Sabha and Rajya Sabha) or the State Legislature can be determined by the Administrative Tribunals. These tribunals are set up under the Administrative Tribunals Act, 1985, and have the authority to adjudicate on various matters, including election disputes.
3. The election dispute related to the Speaker of Lok Sabha is determined by the High Court: This statement is correct. In case of an election dispute related to the Speaker of Lok Sabha, the High Court has the authority to determine the dispute. The Speaker of Lok Sabha is the presiding officer of the lower house of the Parliament of India, and any election dispute concerning the Speaker is resolved by the High Court.
In conclusion, only statements 2 and 3 are correct. Election disputes related to the House of Parliament or State Legislature can be determined by the Administrative Tribunals, while disputes related to the Speaker of Lok Sabha are decided by the High Court.
Explanation:
1. To decide an election petition related to Panchayat is vested in the High Court: This statement is incorrect. Election disputes related to Panchayat are not decided by the High Court. Instead, they are determined by the State Election Commission or the District Collector, depending on the specific laws and regulations of each state.
2. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law: This statement is correct. Election disputes related to the House of Parliament (Lok Sabha and Rajya Sabha) or the State Legislature can be determined by the Administrative Tribunals. These tribunals are set up under the Administrative Tribunals Act, 1985, and have the authority to adjudicate on various matters, including election disputes.
3. The election dispute related to the Speaker of Lok Sabha is determined by the High Court: This statement is correct. In case of an election dispute related to the Speaker of Lok Sabha, the High Court has the authority to determine the dispute. The Speaker of Lok Sabha is the presiding officer of the lower house of the Parliament of India, and any election dispute concerning the Speaker is resolved by the High Court.
In conclusion, only statements 2 and 3 are correct. Election disputes related to the House of Parliament or State Legislature can be determined by the Administrative Tribunals, while disputes related to the Speaker of Lok Sabha are decided by the High Court.
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With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer?
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With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer?.
With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the election disputes, consider the following statements: To decide an election petition related to Panchayat is vested in the High Court. Election disputes related to either House of Parliament or State Legislature can be determined by the Administrative Tribunals set up by law. The election dispute related to the Speaker of Lok Sabha is determined by High Court. Which of the statements given above are correct?a)1, 2 and 3b)2 and 3 onlyc)1 and 3 onlyd)1 and 2 onlyCorrect answer is option 'B'. Can you explain this answer?.
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