Constitution states that the representatives elected shall be furnished with
certificates, the validity of which shall be submitted to the judgment of the
Storthing. Article 59 of the French Constitution provides that the
Constitutional council shall rule, in the case of disagreement, on the
regularity of the election of deputies and senators Article 41 of the German
Federal Republic Constitution states that the scrutiny of elections shall be
the responsibility of the Bundestag. It shall also decide whether a deputy has
lost his seat in the Bundestag. Againsts the decision of the Bundestag an
appeal shall lie to the Federal Constitutional Court. Details shall be
regulated by a federal law. According to Article 66 of the Italian Constitution,
each Chamber decides as to the validity of the admission of its own Members
and as to cases subsequently arising concerning ineligibility and in
compatibility. In Turkey Article 75 provides inter alia that it shall be the
function of Supreme Election Board to review and pass final judgment on all
irregularities, complaints and objections regarding election matters during
and after elections. The function and powers of the Supreme election Board
shall be regulated by law. Article 53 of the Malaysian Constitution provides
that if any question arises whether a member of a House of Parliament has
become disqualified for membership, the decision of that House shall be
taken and shall be final.
199. Not much argument is needed to show that unless there be a
machinery for resolving an election dispute and for going into the allegations
that elections were not free and fair being vitiated by malpractices the
provision that a candidate should not resort to malpractices would be in the
nature of a mere pious wish without any legal sanction. It is further plain
that if the validity of the election of a candidate is challenged on some
grounds, the said election can be declarecd to be valid only if we provide a
forum for going into those grounds and prescribe a law for adjudicating upon
those grounds. If the said forum finds that the grounds advanced to challenge
the election are not well-founded or are not sufficient to invalidate the
election in accordance with the prescribed law or dismisses the petition to
challenge the election on some other ground, in such an event it can be said
that the election of the returned candidate is valid.
200. Besides other things, election laws lay down a code of conduct in
election matters and prescribe, what may be called, rules of electoral
morality. Election laws also contain a provision for resolving disputes and
determination of controversies which must inevitably arise in election
matters as they arise in other spheres of human activity. The object of such a
provision is to enforce rules of electoral morality and to punish deviance from
the prescribed code of conduct in election matters. It is manifest that but for
such a provision, there would be no sanction for the above code of conduct and
rules of electoral morality. It is also plain that nothing would bring the code
of conduct into greater contempt and make a greater mockery of it than the
absence of a provision to punish its violation. The position would become all
the more glaring that even though a provision exists on the statute book for
punishing violation of the code of conduct in election matters, a particular
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