25) RPA , 1951

Question 1

Why is Representation of People’s Act 1951 in news ?

Answer 1

Bihar elections in October amidst pandemic

Question 2

Can EC postpone Bihar elections ?

Answer 2

Its complicated. In general, EC is mandated to hold elections within 6 months before the 5yr term of the Lok Sabha or Legislative Assembly expires

Question 3

So there is no provision ?

Answer 3

Under Section 153 of RPA , the EC can extend the time for “completing an election”, but such an extension should not go beyond the date of normal dissolution of LS or Assembly

Question 4

Then its easy right ?

Answer 4

NOO. This applies only when the EC had announced the schedule of elections which hasn’t been done in case of Bihar. So, if this law is to be breached, EC has to use its extraordinary powers under A.324

Question 5

What is A.324 ?

Answer 5

1) The EC will have to inform the Govt of its inability to hold polls on time
2) The Govt and the President will then decide the future course – either to impose President’s rule or to continue the incumbent CM for 6 more months