Section 97 Recrimination when seat claimed - Representation of the People Act, 1951
What is Recrimination when seat claimed?
Section 97 of Representation of the People Act, 1951
Section 97 : Recrimination when seat claimed
(1) When in an election petition a declaration that any candidate other than
the returned candidate has been duly elected is claimed, the returned candidate
or any other party may give evidence to prove that the election of such
candidate would have been void if he had been the returned candidate and a
petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall
not be entitled to give such evidence unless he has, within fourteen days from
the date of commencement of the trial, given notice to the High Court of his
intention to do so and has also given the security and the further security
referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the
statement and particulars required by section 83 in the case of an election
petition and shall be signed and verified in like manner.