As Nagaland steps into a new era of municipal governance with its first-ever municipal election on 26 June 2024, here is a look into grounds for declaring elections void as per Nagaland Municipal Act 2023.
The Nagaland Municipal Act 2023 outlines specific grounds for declaring elections void, ensuring that the electoral process remains transparent and fair. According to the Act, an election may be declared void by the Election Tribunal under several circumstances:
Candidate Disqualification: If a returned candidate was not qualified or was disqualified on the date of the election. Returned candidate means a candidate whose name has been published in the Official Gazette under Section 44.
Corrupt Practices: If any corrupt practice has been committed by the candidate, their agent, or any person with their consent.
Improper Nomination: If any nomination paper was improperly rejected or improperly accepted.
Election Result Impacted: If the election result has been materially affected by:
· Improper acceptance or rejection of any nomination.
· Corrupt practices committed in the interests of the returned candidate.
· Improper acceptance or refusal of any vote.
· Non-compliance with the provisions of the Act or any related rules.
If the Election Tribunal concludes that no corrupt practice was committed with the candidate’s knowledge or contrary to their orders, and that the candidate took reasonable steps to prevent such practices, the election may not be declared void.
Election Tribunal Procedures
The Election Tribunal follows procedures in the spirit of the Code of Civil Procedure, 1908, ensuring a fair trial and disposal of election petitions. At the conclusion of a trial, the Tribunal may dismiss the petition, declare the election void, or declare a petitioner or other candidates duly elected if the Tribunal believes they received a majority of valid votes.
In cases of a tie, the Tribunal will decide the winner by lot. All decisions of the Election Tribunal are final and conclusive.
Corrupt Practices and Electoral Offences
The Act also defines various corrupt practices and electoral offences, including:
Bribery and Undue Influence: As defined in the Representation of the People Act, 1951.
Systematic Appeals: Encouraging votes or discouraging votes based on caste, race, community, or religion.
False Statements: Publication of false statements regarding candidates.
Hiring Vehicles: Candidates, their agents, or any other person cannot hire or procure any vehicle or vessel to transport voters to or from polling stations. This includes both paid and unpaid arrangements. The prohibition applies to transporting any voter other than the candidate, the candidate’s family members, or the candidate’s agent.
Voters can hire a vehicle or vessel at their own or joint cost for traveling to and from polling stations, provided the hired vehicle or vessel is not mechanically powered.
Voters can use public transport, such as buses, trams, or trains, at their own expense to travel to polling stations without it being considered a corrupt practice.
Serving Intoxicating Liquors: At meetings.
Anonymous Circulars: Issuing election-related materials without proper identification.
The provision on hiring vehicles specifically states that the hiring or procuring of vehicles to convey electors to or from polling stations is prohibited, except for the candidate and their immediate family. However, if electors jointly hire a vehicle at their own cost, and it is not mechanically powered, this is allowed. Additionally, the use of public transport by voters is not considered a corrupt practice.