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Difficulty: MediumElectoral Malpractices, Causes, and Preventive Measures

During a gubernatorial election, an electoral officer falsified result sheets at the collation center to favor a defeated candidate. Following the official declaration of results, the aggrieved candidate intends to challenge the validity of the return and seek a nullification of the election. Which judicial body is constitutionally empowered to hear and determine this specific petition?

  1. An Election Petition TribunalAnswer
  2. B
    The State High Court exercising original jurisdiction
  3. C
    The Code of Conduct Bureau
  4. D
    An Electoral Advisory Committee

Answer

An Election Petition Tribunal is the body constitutionally mandated to hear petitions challenging the validity of an election and its declared results.
The correct answer identifies Election Petition Tribunals as the ad-hoc judicial panels constitutionally vested with exclusive jurisdiction to adjudicate disputes regarding the validity of declared election results.

Step-by-Step Solution

1
Identify the nature of the legal challenge in the scenario.
The candidate is seeking to challenge the validity of the election outcome and nullify the declared return due to result falsification.
Distinguishing between civil/criminal prosecution of electoral offenders and challenges to election validity dictates the proper judicial forum.
2
Determine the constitutional body with jurisdiction over election validity.
Election Petition Tribunals possess exclusive original jurisdiction to hear post-election petitions questioning whether a candidate was validly returned.
Constitutional provisions establish specialized ad-hoc tribunals to ensure election disputes are adjudicated swiftly by specialized panels.

Key Concept

Jurisdiction of Election Petition Tribunals in Electoral Dispute Resolution
Estimated Time:1m 0s
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Topics

Electoral Malpractices, Causes, and Preventive Measures

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