Section 101: Grounds for Declaring a Candidate Other Than the Returned Candidate Elected
Section 101 of the Representation of the People Act, 1951 (Act 43 of 1951) specifies when the High Court, while deciding an election petition, must declare a candidate other than the returned candidate to have been duly elected.
Meaning and scope of Section 101
A returned candidate is the candidate declared elected following the election. An election petition is the statutory proceeding challenging an election before the High Court. Section 101 goes beyond setting aside an election: it permits a positive declaration that the petitioner or another candidate was duly elected, but only if that further relief was claimed in the petition and a statutory ground is established.
Grounds under Section 101
Clause (a): Majority of valid votes
The High Court must be satisfied that the petitioner or the other candidate actually received a majority of the valid votes.
Clause (b): Votes obtained by corrupt practices
Alternatively, the High Court must be satisfied that, but for the votes obtained by the returned candidate through corrupt practices, the petitioner or other candidate would have received a majority of the valid votes.
Where the petition claims the further declaration and either ground is proved, the High Court shall first declare the returned candidate's election void and then declare the petitioner or other candidate, as applicable, duly elected.
Important legal requirements
1. Express claim for further relief
Under Section 84, an election petitioner may seek both a declaration that the returned candidate's election is void and a declaration that the petitioner or another candidate was duly elected. Section 101 requires the additional declaration to have been claimed; merely challenging the election does not automatically entitle another candidate to be declared elected.
2. Proof of a statutory ground
A successful challenge to the returned candidate's election is not, by itself, sufficient. The evidence must also establish either an actual majority of valid votes or the specific counterfactual majority required under clause (b). Corrupt practices are governed by Section 123 of the Act, and allegations must be pleaded and proved in accordance with the Act.
3. Declaration that the election is void
Section 100 prescribes the grounds for declaring an election void. Under Section 101, the High Court first declares the returned candidate's election void before declaring another candidate duly elected. Section 98 governs the High Court's orders at the conclusion of the trial.
Election petition procedure and related provisions
Section 81 governs presentation of an election petition, generally within 45 days from the relevant date of election of the returned candidate. Section 82 concerns necessary parties, including other contesting candidates where a further declaration is sought. Section 83 requires material facts and, where corrupt practice is alleged, full particulars and the prescribed supporting affidavit. Section 102 addresses equality of votes; Sections 103, 106 and 107 deal with communication, publication and effect of High Court orders.
Illustration
Suppose Candidate A is declared elected, but an election petition establishes that Candidate B actually secured more valid votes. If the petition expressly seeks a declaration in B's favour and the statutory conditions are satisfied, Section 101(a) permits the High Court to declare A's election void and B duly elected. Similarly, Section 101(b) may apply if the requisite majority for B is established after excluding votes proved to have been obtained by A through corrupt practices.
Official statutory reference
Consult the Representation of the People Act, 1951 (India Code, official PDF) and the Legislative Department's published text for Sections 81 to 84, 98, 100 to 103 and 123. The precise relief depends on the pleadings, evidence and applicable judicial decisions.