Section 110 of the Representation of the People Act, 1951 - Procedure for Withdrawal of Election Petitions
Section 110 lays down the safeguards and consequences when a petitioner seeks to withdraw an election petition before the High Court. Withdrawal requires judicial permission under Section 109 and must comply with the conditions prescribed by Section 110.
What does Section 110 provide?
The provision, contained in Chapter IV (Withdrawal and Abatement of Election Petitions) of Part VI of the Act, regulates joint petitioners' consent, prevents withdrawals resulting from improper bargains, and protects the opportunity of another eligible person to continue an election challenge.
Section 110 - Statutory provisions
Sub-section (1): If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
Sub-section (2): No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.
Sub-section (3): If the application is granted:
Clause (a): The petitioner shall be ordered to pay the costs of the respondents theretofore incurred, or such portion thereof as the High Court may think fit.
Clause (b): The High Court shall direct publication of the notice of withdrawal in the Official Gazette and in such other manner as it specifies.
Clause (c): A person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted for the withdrawing petitioner. Upon complying with any security conditions, that person is entitled to substitution and may continue the proceedings on terms fixed by the High Court.
Consent of all petitioners - Section 110(1)
Where an election petition has been jointly presented by two or more petitioners, one petitioner cannot independently apply for withdrawal without the consent of every other petitioner. This requirement prevents one party from terminating a shared election challenge unilaterally.
Improper bargains and consideration - Section 110(2)
The High Court must refuse permission if it concludes that an application to withdraw was induced by a bargain or consideration that ought not to be allowed. The provision is intended to protect the integrity of election litigation and to prevent the election dispute from being privately compromised on improper terms.
Consequences of permitted withdrawal - Section 110(3)
Payment of respondents' costs
The withdrawing petitioner must be ordered to bear the respondents' costs already incurred, either in full or to the extent considered appropriate by the High Court.
Publication of withdrawal
The High Court must direct notice of withdrawal to be published in the Official Gazette, and may require other methods of publication. The notice provides public information and starts the statutory period for substitution.
Substitution within fourteen days
A person who was eligible to present the election petition may apply within 14 days from publication of the notice to be substituted as petitioner. Subject to any security requirements and terms imposed by the High Court, the substituted petitioner may carry on the pending proceedings.
How Sections 109, 110 and 111 work together
Section 109 requires leave of the High Court to withdraw an election petition and provides for notice of the withdrawal application to other parties and its publication in the Official Gazette. Section 110 sets the conditions for consent, judicial scrutiny, costs, publication of the permitted withdrawal and substitution. Section 111 provides for a report by the High Court to the Election Commission where withdrawal is allowed and no petitioner is substituted; the Election Commission then publishes that report in the Official Gazette.
Official legal references
For the authoritative statutory text and related election laws, consult the Representation of the People Act, 1951 on India Code (official PDF), the Legislative Department's official Act text and the Election Commission of India election laws portal.