Section 86 - Trial of Election Petitions under the Representation of the People Act, 1951

Section 86 of the Representation of the People Act, 1951 regulates the trial of election petitions before a High Court. It provides for mandatory dismissal in specified cases of non-compliance, allocation of petitions to judges, addition of respondents, permissible amendments and expeditious hearing.

Key point: Under Section 86(1), the High Court must dismiss a petition that does not comply with Section 81 (presentation), Section 82 (necessary parties) or Section 117 (security for costs). Section 83 concerns pleading requirements, but is not expressly listed in Section 86(1).

Meaning and scope of Section 86

An election petition is the statutory proceeding by which an election is challenged under Part VI of the Act. Section 81 addresses who may present the petition and the filing period; Section 82 identifies necessary respondents; and Section 117 prescribes security for costs. The High Court exercises jurisdiction under Section 80A, and its trial procedure is further governed by Section 87, subject to the Act and applicable rules.

Section 86: statutory provisions explained

Mandatory dismissal for defects in filing

(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation: effect of dismissal

Explanation - An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

Assignment to an election judge

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.

Multiple petitions concerning one election

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

Joining another candidate as respondent

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation: commencement of trial

Explanation - For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

Amendment of corrupt-practice particulars

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

Day-to-day hearing

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

Six-month trial objective

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial.

Practical application in election-petition proceedings

1. Scrutiny at the threshold

Before pursuing the merits, the petitioner should check the statutory filing period, proper presentation and copies under Section 81, joinder of necessary parties under Section 82, and security for costs under Section 117. Non-compliance with these requirements attracts Section 86(1). The explanation treats such dismissal as an order under Section 98(a).

2. Assignment and consolidation

The Chief Justice assigns judges under Section 80A(2). Where several petitions challenge the same election, they are referred to the same judge, who may try them separately or in groups.

3. Respondents and corrupt practices

A candidate not already impleaded can apply to join within fourteen days from the statutory commencement of trial, subject to an order concerning security for costs. The Court may clarify or amplify particulars of an already pleaded corrupt practice, but Section 86(5) does not permit the introduction of particulars of a corrupt practice not previously alleged.

4. Expeditious disposal

The statute favours hearings on consecutive days where practicable and requires reasons for adjournments beyond the following day. The six-month period in Section 86(7) is expressed as an endeavour to conclude the trial, not as an automatic termination date.

Related statutory provisions

Section 80A: Jurisdiction and assignment of judges to try election petitions.
Section 81: Presentation of an election petition, including the forty-five-day filing period.
Section 82: Candidates required to be joined as respondents.
Section 83: Material facts, particulars of corrupt practice and verification.
Section 87: Procedure before the High Court, broadly following the Code of Civil Procedure, 1908 subject to the Act.
Section 97: Recrimination where a seat is claimed.
Section 98: Decisions available to the High Court.
Section 117: Security for costs of an election petition.

Official legal sources

Consult the Representation of the People Act, 1951 (India Code) and the Legislative Department's published Act for the statutory wording and amendment notes. Applicable High Court election-petition rules should also be checked before filing.