Election law | Election petitions

Section 112: Abatement of Election Petitions under the Representation of the People Act, 1951

Section 112 governs when an election petition comes to an end because of the death of its petitioner, how the High Court gives public notice of that event, and how another eligible person may seek to continue the proceedings.

Meaning of abatement in an election petition

Abatement means termination of pending proceedings by operation of law on the occurrence of a specified event, rather than after a decision on the merits. Under Section 112, the death of one of several surviving petitioners does not by itself terminate the petition. The provision limits abatement to the death of the sole petitioner or the last surviving petitioner.

Section 112: Statutory provisions explained

Sub-section (1): When a petition abates

An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

Sub-section (2): Publication by the High Court

Where the election petition abates under sub-section (1), the High Court shall cause that fact to be published in such manner as it considers appropriate.

Sub-section (3): Substitution of another petitioner

Any person who could originally have been a petitioner may, within fourteen days of the publication, apply to be substituted as petitioner. On complying with any conditions relating to security, that person is entitled to substitution and may continue the proceedings on terms the High Court considers fit.

Procedure after the death of the petitioner

Determine whether abatement has occurred. If there are multiple petitioners and at least one remains alive, Section 112(1) does not bring about abatement.
High Court publication. If the sole or last surviving petitioner has died, the High Court publishes the fact of abatement in the manner it directs.
Apply within fourteen days. An eligible person may seek substitution within fourteen days counted from the publication referred to in sub-section (2).
Comply with security conditions. The applicant must satisfy any security requirements imposed, after which the proceedings may continue subject to the High Court's terms.

Important: The fourteen-day period in Section 112(3) is linked to publication of abatement, not simply to the date of death. Eligibility to substitute is not automatic for every interested person; the applicant must be someone who could have presented the election petition.

Who can apply for substitution?

Section 81 permits an election petition to be presented by a candidate at the election or an elector, subject to the statutory requirements. An elector, for this purpose, is a person entitled to vote at the election concerned, whether or not that person actually voted, as defined in Section 81. Accordingly, a person seeking substitution under Section 112(3) must meet the relevant qualification of someone who might originally have been a petitioner.

Sections 109 and 110 regulate voluntary withdrawal of election petitions, which differs from abatement caused by death. Section 111 deals with reporting an allowed withdrawal where no substitute has come forward. Section 116 separately concerns the death of a respondent, and should not be confused with the death of a petitioner governed by Section 112.

Illustration

Suppose A and B jointly present an election petition. If A dies while B survives, the petition does not abate under Section 112(1). If B later dies as the last surviving petitioner, the petition abates. After the High Court publishes that fact, an eligible candidate or elector may apply within fourteen days for substitution, subject to the statutory security conditions and the High Court's directions.

Official legal resources

For the authoritative text, amendments and applicable rules, consult the India Code legislative database, the Legislative Department, Government of India and the Election Commission of India. The wording of the Act and applicable judicial directions should be checked when preparing or filing an actual substitution application.