Maximum adjudication time for the full EDR process (days)
India
11. BAR TO INTERFERENCE BY COURTS IN ELECTORAL MATTERS
11.2 The Supreme Court has held in a catena of decisions that the term‘election’ used in the above quoted Article 329 (b) of the Constitutionconnotes the entire electoral process commencing with the issue of thenotification calling the election and culminating in the declaration of resultof election ...
All Courts are peremptorily barredunder Article 329 (b) of the Constitution to interfere with, or interdict, theelectoral process at any intermediary stage.
11.3 All doubts and disputes relating to an election can be raised only inan election petition presented to the High Court of the State/Union Territoryconcerned after the election is over in accordance with the provisions of PartVI of the Representation of the People Act, 1951 and in no other manner.
Source: http://eci.nic.in/eci_main/ElectoralLaws/HandBooks/Handbook_for_Candidates.pdf
Representation of the People Act, 1951 Part VI
36. Scrutiny of nominations
...
(2) The returningofficer shall then examine the nomination papers and shall decide allobjections which may be made to any nomination and may, either on suchobjection or on his own motion, after such summary inquiry, if any, as hethinks necessary, 4[reject] any nomination on any of the following grounds:—
...
(5) The returningofficer shall hold the scrutiny on the date appointed in this behalf underclause (b) of section 30 and shall not allow any adjournment of theproceedings except when such proceedings are interrupted or obstructed by riotor open violence or by causes beyond his control: Provided that in case 2[anobjection is raised by the returning officer or is made by any other person]the candidate concerned may be allowed time to rebut it not later than the nextday but one following the date fixed for scrutiny, and the returning officershall record his decision on the date to which the proceedings have beenadjourned.
(6) The returningofficer shall endorse on each nomination paper his decision accepting orrejecting the same and, if the nomination paper is rejected, shall record inwriting a brief statement of his reasons for such rejection.
...
Source:
Representation of the People Act, 1951
Part VI, Article 81
(1) An election petition calling in question anyelection may be presented on one or more of the grounds specified insub-section (1) of section 100 and section 101 to the High Court by anycandidate at such election or any elector within forty-five days from, but notearlier than the date of election of the returned candidate, or if there aremore than one returned candidate at the election and the dates of theirelection are different, the later of those two dates
Source:
2[116A. Appeals to Supreme Court.—(1)Notwithstanding anything contained in any other law for the time being inforce, an appeal shall lie to the Supreme Court on any question (whether of lawor fact) from every order made by a High Court under section 98 or section 99.
(2) Every appeal under this Chapter shall bepreferred within a period of thirty days from the date of the order of the HighCourt under section 98 or section 99:
Provided that the Supreme Court may entertain anappeal after the expiry of the said period of thirty days if it is satisfiedthat the appellant had sufficient cause for not preferring the appeal withinsuch period.
Source:
After Election is over +75 days
