Section 15 of The Presidential and Vice-Presidential Elections Act, 1952
1[15. Form of petitions, etc., and procedure.-- Subject to the provisions of this Part, rules made whether before or after the commencement of the Presidential and Vice-Presidential Elections (Amendment) Act, 1977(20 of 1977) by the Supreme Court under Article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs.]
Summary
- The Supreme Court has the power to make rules under Article 145 of the Constitution to regulate election petitions.
- These rules can determine the format of the petitions and how they must be presented to the court.
- The rules specify which people must be named as parties in the petition.
- The rules govern the court procedures, how a petition may be withdrawn, and when a petition will abate (meaning terminate, such as if the petitioner dies).
- The rules also govern how new petitioners can be substituted for old ones during the case.
- The Supreme Court rules can require the petitioner to provide financial security (such as a deposit) to cover the legal costs of the trial.
Practical examples
FAQ
1. Who has the authority to make procedural rules for election petitions?
The Supreme Court of India makes these rules under Article 145 of the Constitution, subject to the provisions of this Act.
2. Can a petitioner be forced to deposit money when filing an election petition?
Yes, rules made under Section 15 can require the petitioner to give security for the costs of the trial.
3. What happens if a petitioner wants to withdraw their petition?
The procedure, conditions, and consequences for withdrawing a petition are regulated by the rules made by the Supreme Court under Section 15.
4. Does the 1977 Amendment to the Act affect the validity of Supreme Court rules made before that year?
No, Section 15 explicitly states that the Supreme Court rules apply whether they were made before or after the commencement of the Presidential and Vice-Presidential Elections (Amendment) Act, 1977.
Test yourself
Q1.Under Section 15 of The Presidential and Vice-Presidential Elections Act, 1952, which authority is empowered to make rules regulating the form and procedure of election petitions?
Q2.Under Section 15 of The Presidential and Vice-Presidential Elections Act, 1952, which of the following financial requirements can be regulated by the Supreme Court rules?
Q3.Under Section 15 of The Presidential and Vice-Presidential Elections Act, 1952, what does the term "abate" refer to in the context of election petitions?
Q4.Under Section 15 of The Presidential and Vice-Presidential Elections Act, 1952, how does the Act address the timing of Supreme Court rules in relation to the 1977 Amendment Act?