New Delhi:
The Supreme Court on Monday said it will examine all decisions of the Election Commission, or EC, and annul those found not to be in accordance with law, as it issued notices to the Centre and the poll body following pleas alleging that the top poll body took several decisions without the approval of the two election commissioners.
“We will examine all the decisions. If any decision is not in accordance with the law, we will annul it. You know the power of the court,” a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said.
The top court, however, refused to pass any interim direction to restrain Chief Election Commissioner (CEC) Gyanesh Kumar from taking any decision till the final disposal of the petition, with the Chief Justice saying that the court cannot pass an order by relying solely on newspaper report and it has to look into the responses of the poll body and the Centre.
Instances where elections were set aside by the courts:
Indira Gandhi (Raebareli seat, 1975)
Indira Gandhi’s victory from Raebareli in the 1971 Lok Sabha elections was challenged by her rival, Raj Narain. She faced allegations of misusing the government machinery and officials.
On June 2, 1975, the Allahabad High Court set aside Indira Gandhi’s election and barred her from contesting elections for six years. A state of Emergency was declared in the country following this verdict.
Elections of KM Mani and CH Mohammed Koya
Following allegations of communal campaigning during the 1977 Kerala Assembly elections, the High Court set aside the elections of C H Mohammed Koya and KM Mani; both were ministers in AK Antony’s first government. Later, the Supreme Court ruled in their favor.
N Sivan Pillai – Kerala Assembly Election 1982
In the 1982 Kerala Assembly elections, EVMs were used for the first time at 50 polling stations in the North Paravur constituency, where CPI’s N Sivan Pillai won by 123 votes. His rival, AC Jose, argued in court that there was no legal provision for the use of EVMs. In 1984, the Supreme Court ruled in Jose’s favor, set aside Pillai’s election, and ordered a re-poll using ballot papers at those 50 stations; Jose emerged as the winner.
MJ Jacob’s case (Kerala) – 2006
In the 2006 Kerala Assembly elections, LDF candidate MJ Jacob from the Piravom seat. Jacob’s election victory was set aside by the Kerala High Court due to allegations of corrupt practices-specifically the distribution of pamphlets aimed at character assassination during the campaign against his rival (UDF leader TM Jacob). However, the Supreme Court later stayed the High Court’s order.
KM Shaji’s Case (Kerala, 2018)
In November 2018, the Kerala High Court set aside the election victory of IUML (UDF) MLA KM Shaji from the Azhikode constituency – won during the 2016 Kerala Assembly elections – following a petition by his rival, MV Nikesh Kumar (LDF). The Court also barred him from contesting elections for six years. He was found guilty of serious charges under Section 123(3) of the Representation of the People Act, 1951, for distributing pamphlets during the campaign that urged voters to support only a Muslim candidate and for improperly exploiting religious sentiments (constituting corrupt practice).
However, Shaji immediately approached the Supreme Court, which granted an interim stay on his disqualification and allowed him to continue as an MLA in the Assembly, albeit without voting rights or daily allowances.
OP Ravindranath Kumar (2019 Lok Sabha Election)
In July 2023, the Madras High Court declared the 2019 Lok Sabha election victory of OP Ravindranath Kumar – the lone AIADMK MP from Tamil Nadu’s Theni constituency and son of former Chief Minister O Panneerselvam – null and void. A petition filed by a voter from the constituency alleged that Ravindranath had concealed information regarding his assets and income in his nomination papers and had attempted to bribe or influence voters during the campaign; the Court deemed these actions improper under the Representation of the People Act, 1951. However, the Supreme Court had stayed the High Court’s decision.
