Report No. 170
1.3.6. Other proposals.-
The other proposals contained in the working paper pertained to (a) enhancing the deposit in the case of independent candidates and candidates of unrecognised political parties. This substantial increase was suggested with a view to discourage independents and non-serious candidates from contesting elections thereby making the elections cumbersome, expensive and unmanageabl.- indeed, farcical in some cases; (b) steps designed to ensure expeditious disposal of election petitions by the High Court.
The Law Commission did not agree with the suggestion of the Law Ministry to entrust the trial of election petitions to special tribunals instead of the High Courts. It was pointed out in the working paper that such an experiment was undertaken earlier and was given up as a failure and that only thereafter was the trial of election petitions entrusted to High Courts; (c) amendment of section 97(1) of the Act in the light of the decision of the Supreme Court in Bhagmal v. Prabhu Ram (AIR 1985 SCC 150) and (d) certain other amendments set out in the working paper.