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Election law (dispute resolution): Who has the power to decide an election petition in India? Focus on petitions challenging elections to the Lok Sabha/State Legislative Assemblies (not the President/Vice-President). Choose the correct adjudicating forum.

Difficulty: Easy

Correct Answer: High Courts

Explanation:

Given data

  • Context: Election petitions challenging the validity of elections to the Lok Sabha or a State Legislative Assembly.
  • Not about Presidential/Vice-Presidential elections (which lie with the Supreme Court).


Concept/Approach
Under the Representation of the People Act, 1951, election petitions for parliamentary and assembly seats are tried by the High Court of the concerned state. The Election Commission conducts elections but does not adjudicate these petitions.


Step-by-step reasoning
• Identify election type → Lok Sabha/Assembly.• Statutory forum → High Court has original jurisdiction to try the petition.• Supreme Court's role applies to Presidential/Vice-Presidential election disputes.


Common pitfalls
Confusing the Election Commission's administrative role with judicial determination, or assuming the Supreme Court is the first instance forum for all election disputes.


Final Answer
High Courts

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