JUDGMENT :

Elections are fundamental and pre-requisite for a democracy. In a democracy, the authority of the Government derives, solely from the consent of the governed. The principal mechanism for translating that consent into governmental authority is the holding of free and fair elections.

2. As observed by the Hon’ble Supreme Court in Lok Prahari through its General Secretary S.N.Shukla v. Union of India and Others [(2018) 4 SCC 699], the framers of the Constitution were aware of the fact that no election process can be infallible nor can any election be absolutely pure. Therefore, disputes are bound to occur in elections. Hence, Article 329(b) of the Constitution, stipulates:-

“329. Bar to interference by Courts in electoral matters.- Notwithstanding anything in this Constitution-

(a) xxx

(b) no election to either house of parliament or to the house or either house of the legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature”.

3. In the year 1951, the Parliament enacted the Representation of People Act, 1951 (hereinafter referred