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EC seeks change in law for filing election petitions against defeated candidates

The Election Commission has sought changes in electoral law to allow an election petition to be filed against a defeated candidate also, to check graft.

August 18, 2017 / 10:45 PM IST
EVM election polls voting

EVM election polls voting

The Election Commission has sought changes in electoral law to allow an election petition (EP) - a procedure at present used to challenge the victory of a candidate in a poll over allegations of corruption - to be filed against a defeated candidate also, to check graft.

"Corrupt practice has to be established through the order of a high court in an election petition. One difficulty here is that election petition can only be filed against the winning candidate. This would mean that if a defeated candidate commits corrupt practice in election, there is no way it can be questioned and established," Election Commissioner OP Rawat has said.

Addressing a consultation on electoral reforms organised by Association for Democratic Reforms here on Thursday, he said the poll panel has proposed to the government to amend the relevant law so as to enable filing of EP in respect of corrupt practice by a defeated candidate.

"The consequence is that if high court holds a person elected or otherwise, guilty of corrupt practice, there could be further disqualification of the person for a maximum of six years (from contesting polls)," he said.

first published: Aug 18, 2017 10:40 pm

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