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Consider the following statements with reference to the election of the President of India:
To decide an election petition relating to the election of the President is vested in the Election Commission of India.
A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements with reference to the election of t...
- An Election petition is a procedure for inquiring into the validity of the election results of Parliamentary or local government elections. In other words, it is a means under law to challenge the election of a candidate in a Parliamentary, Assembly or local election.
- All doubts and disputes in connection with election of the President are inquired into and decided by the Supreme Court whose decision is final. Hence statement 1 is not correct.
- A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President (N.B. khare v. Election Commissioner of India, 1985). Hence statement 2 is correct.
- The election of a person as President cannot be challenged on the ground that the electoral college was incomplete (i.e. existence of any vacancy among the members of electoral college).
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Consider the following statements with reference to the election of t...
Statement 1: To decide an election petition relating to the election of the President is vested in the Election Commission of India.
Statement 2: A person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President.
Explanation:
Statement 1: To decide an election petition relating to the election of the President is vested in the Election Commission of India.
- The Election Commission of India is responsible for conducting elections in the country, including the election of the President.
- However, when it comes to deciding an election petition challenging the election of the President, the power to decide such petitions is vested in the Supreme Court of India, and not the Election Commission.
- The Supreme Court has the exclusive jurisdiction to hear and decide any disputes or petitions arising out of the election of the President.
- Therefore, statement 1 is incorrect.
Statement 2: A person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President.
- The President of India is elected by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the Legislative Assemblies of the States.
- As per Article 71 of the Constitution of India, any election of the President shall be questioned only by an election petition presented to the Supreme Court.
- An election petition can be filed by any candidate who participated in the election or by any elector who is eligible to vote in the election.
- Therefore, a person who is neither a candidate nor an elector does not have the right to file an election petition challenging the validity of the election of the President.
- Hence, statement 2 is correct.
Conclusion:
- Only statement 2 is correct, and statement 1 is incorrect.
- Therefore, the correct answer is option 'B', which states that statement 2 only is correct.
Statement 2: A person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President.
Explanation:
Statement 1: To decide an election petition relating to the election of the President is vested in the Election Commission of India.
- The Election Commission of India is responsible for conducting elections in the country, including the election of the President.
- However, when it comes to deciding an election petition challenging the election of the President, the power to decide such petitions is vested in the Supreme Court of India, and not the Election Commission.
- The Supreme Court has the exclusive jurisdiction to hear and decide any disputes or petitions arising out of the election of the President.
- Therefore, statement 1 is incorrect.
Statement 2: A person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President.
- The President of India is elected by an electoral college consisting of the elected members of both houses of Parliament and the elected members of the Legislative Assemblies of the States.
- As per Article 71 of the Constitution of India, any election of the President shall be questioned only by an election petition presented to the Supreme Court.
- An election petition can be filed by any candidate who participated in the election or by any elector who is eligible to vote in the election.
- Therefore, a person who is neither a candidate nor an elector does not have the right to file an election petition challenging the validity of the election of the President.
- Hence, statement 2 is correct.
Conclusion:
- Only statement 2 is correct, and statement 1 is incorrect.
- Therefore, the correct answer is option 'B', which states that statement 2 only is correct.
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Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct 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 Consider the following statements with reference to the election of the President of India: To decide an election petition relating to the election of the President is vested in the Election Commission of India. A person who is neither a candidate nor an elector can not file a suit challenging the validity of the election of the President. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?.
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