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.




The Representation of the People Act 1951

Section 93 Documentary evidence

Section 94 : Secrecy of voting not to be infringed

Section 95 Answering of criminating questions and certificate of indemnity

Section 96 Expenses of witnesses

Section 97 Recrimination when seat claimed

Section 98 Decision of the High Court

Section 99 Other orders to be made by the High Court

Section 100 Grounds for declaring election to be void

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