Election Law

Our work begins well before polling day. We advise candidates on eligibility and disqualification under the Representation of the People Act, 1951, the Constitution, and the relevant state laws, and we assist with nomination papers, affidavit requirements, and the scrutiny process. Where a nomination is wrongly rejected or wrongly accepted we move the appropriate authority without delay. We advise political parties on the Model Code of Conduct, on complaints and responses to complaints before the Election Commission, and on matters of party recognition, symbol allotment, and internal party disputes that come before the Commission.

After the result is declared, election petitions are the primary remedy for a candidate or voter who believes the election was won by corrupt practice, undue influence, bribery, impersonation, or a material irregularity in the conduct of the poll. An election petition must be filed within forty-five days of the publication of the result, and the grounds must be pleaded with precision. We draft and argue election petitions and appear for respondents defending their election, and we carry appeals from the High Court to the Supreme Court of India under Section 116A of the Representation of the People Act.

Disqualification proceedings under the Tenth Schedule of the Constitution, commonly known as the anti-defection law, are a distinct and increasingly litigated area. We advise members of legislative assemblies and parliament on the consequences of voting against the party whip, on the procedure before the Speaker or Chairman, and on the scope of judicial review of disqualification orders. We also advise on disqualification on grounds of office of profit, conviction, and corrupt practice, and on the procedure for restoration of membership.

Local body elections — to gram panchayats, mandal parishads, zilla parishads, and urban local bodies — are governed by separate state legislation and are conducted by the State Election Commission of Andhra Pradesh. Disputes arising from these elections, including election petitions, reservation challenges, and delimitation objections, are handled before the civil courts and the High Court of Andhra Pradesh. We act in these matters with the same rigour we bring to assembly and parliamentary election disputes.

Voter list disputes, including wrongful deletion from the electoral roll, objections to inclusion, and complaints of bogus enrolment, are taken before the Electoral Registration Officer and in appeal to the District Election Officer and the Chief Electoral Officer. Where the matter requires judicial intervention we move the High Court. We also advise on Look-Out Circulars and travel restrictions that may affect a candidate's ability to campaign or appear in proceedings.