Section 107: Effect of Orders of the High Court
Section 107 of the Representation of the People Act, 1951 (Act 43 of 1951) specifies when High Court orders in election petitions become operative and protects parliamentary or legislative acts performed by a returned candidate before an order declaring the election void.
What does Section 107 provide?
Election petitions challenging the validity of an election are adjudicated by the High Court. Under Section 107(1), an order made under Section 98 or Section 99 ordinarily takes effect immediately when pronounced. This rule is expressly subject to the provisions in Chapter IVA dealing with a stay of operation of the order.
Text of Section 107 - Effect of orders of the High Court
(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.
(2) Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
When does a High Court election order take effect?
Section 107(1) makes pronouncement, rather than subsequent publication or transmission, the normal point at which an order under Section 98 or 99 takes effect. However, the High Court or Supreme Court may stay its operation in accordance with Section 116B. Filing an appeal by itself should not be confused with obtaining a stay.
Meaning of the connected legal provisions
Section 98 - Decision of the High Court
At the conclusion of an election petition, the High Court may dismiss the petition, declare the returned candidate's election void, or declare that election void and another candidate duly elected, as permitted by the Act.
Section 99 - Other orders of the High Court
Where applicable, the High Court also makes orders regarding corrupt practices and the persons proved to have been guilty of them, subject to the statutory procedure and safeguards.
Section 116A - Appeal to the Supreme Court
An appeal lies to the Supreme Court on questions of law or fact from an order under Section 98 or Section 99. The ordinary statutory period is 30 days from the date of the High Court order, subject to the Supreme Court's power to condone delay for sufficient cause.
Section 116B - Stay of operation
Before the appeal period expires, the High Court may grant a stay on sufficient cause, but not after an appeal has been preferred to the Supreme Court. After an appeal is filed, the Supreme Court may stay the order. Under Section 116B(3), a stayed order is deemed never to have taken effect under Section 107(1), and the stay order must be communicated to the specified authorities.
Protection of earlier legislative acts under Section 107(2)
If a returned candidate's election is subsequently declared void under Section 98, Section 107(2) preserves acts and proceedings in which the candidate participated before the date of the order as a member of Parliament or a State Legislature. Such acts are not invalid merely because the election was later set aside, and the candidate incurs no liability or penalty solely on account of that prior participation. This protection does not itself validate independent unlawful conduct or determine the effect of acts after the order.
Illustration
Suppose a member votes on legislation in March and the High Court declares the member's election void in June. Section 107(2) prevents the March proceedings from being invalidated merely because the election was later declared void. The June order ordinarily takes effect on pronouncement, unless its operation is stayed under Chapter IVA.
Section 108 - Repealed
The former Section 108, concerning withdrawal of petitions before appointment of a Tribunal, was repealed by Section 45 of the Representation of the People (Amendment) Act, 1966 (Act 47 of 1966). The current rules governing withdrawal of election petitions are principally found in Sections 109 to 111.
Official legal sources
Read the Representation of the People Act, 1951 (official India Code text, PDF), including Sections 98, 99, 107, 116A and 116B. The Election Commission of India provides official election-related information.
This article explains the statutory framework and should be read with the current Act, applicable rules and judicial orders in the particular election dispute.