Answer in short :-
1)What action is taken by the Election Commission if disputes arise regarding elections?
Answers
Explanation:
is almost inevitable in the course of electoral competition that disputes will arise and so effective electoral dispute resolution mechanisms are vital because such disputes, “have the potential to undermine the integrity of the electoral process and lead to either overt or covert social conflict.”[i]
According to both legal-electoral theory and political science, the “System for the Resolution of Electoral Disputes” refers to the system of appeals through which every electoral action or procedure can be legally challenged. Legal appeals related to electoral issues can be submitted before judicial or political agencies. Such a system aims at ensuring regular and completely legal elections. Legal elections depend on legal corrections of any mistake or unlawful electoral action. Therefore, the system’s aim is to ensure real protection for and effective enforcement of the political rights to elect or to be elected. To do so, the system ensures to all participants (political parties, citizens and candidates) that the voter’s decision will prevail. The system aids in the protection of certain values that support every electoral action and every electoral procedure as follows:
Legality
Certainty
Objectivity
Impartiality
Authenticity
Clarity
Justice
The whole system is based on an overriding principle: the judicial agents in charge of sorting out electoral controversies must be independent, impartial and technically proficient in order to ensure constitutional resolutions.
The system for the resolution of electoral disputes in modern democracies is fundamental to build up stable political systems and to build up a regular legal system as well. The system’s contribution to protect fundamental rights and to strengthen the democratic governance of any country is evident. The legal framework should therefore clearly state that every voter, candidate, and political party has the right to lodge a complaint with the competent election commission or court, require that body in turn to render a prompt decision and provide for the right to appeal to the court of last resort.[ii]
The legal system should also ensure that the complaints system is transparent, understandable and free of unnecessary obstacles, particularly high cost.[iii] Transparency also needs to respect the need for confidentiality during investigation and internal decision making but to the extent possible the reporting on general progress is encouraged and most importantly the final adjudication should be fully public.[iv]The judicial resolution of electoral disputes has become a fundamental feature of any electoral democracy, not only for those countries undergoing democratic transition and consolidation, but also for those countries whose democracies can be seen as both advanced and mature.
From a historical point of view, the initial trend within democratic constitutionalism to empower parliamentary electoral colleges in both Europe and America has been diverted; electoral controversies are now sorted out by judicial institutions.
In Latin America for instance, the Uruguayan Electoral Court and the Chilean Electoral Qualifying Court were created in 1924 and 1925, respectively; in the decades following those years, especially during the second half and last quarter of the twentieth century under the so-called “third wave”, other countries in this region of the world, followed the Uruguayan and the Chilean examples. Mexico created the Federal Electoral Tribunal of the Judicial Branch in 1996.