Section 121: Payment of Costs from Security Deposits and Refund
Section 121 of the Representation of the People Act, 1951 explains how costs awarded in an election petition may be recovered from a party's security deposit and how the remaining or unused deposit may be returned. It is part of the provisions governing costs and security for costs in election disputes.
Text of Section 121 of the Representation of the People Act, 1951
Payment of costs out of security deposits and return of such deposits
(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part on an application made in writing in that behalf within a period of one year, from the date of such order to the High Court by the person in whose favour the costs have been awarded.
(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year the whole of the said security deposits may, on an application made in that behalf in writing to the High Court by the person by whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.
What does Section 121 mean?
Election petitions may involve an order directing one party to pay the other party's litigation costs. Security for costs is money deposited to secure payment of such costs. Section 121 provides a specific mechanism to satisfy an unpaid costs order out of the security deposit and any further security deposit held in connection with the proceedings. It also provides for the return of money that is not required for such payment.
Section 121(1): Recovering awarded costs from the deposit
Where an order under the relevant Part of the Act directs a party to pay costs to another person, the person awarded costs may make a written application to the High Court within one year from the date of the costs order. If the costs remain unpaid, payment must be made in full, or as far as the available deposit permits, out of the security and further security deposited by the party liable for costs.
The one-year period expressly applies to the application for payment of awarded costs out of the security deposit. It should not be confused with a general statement about the limitation period for other methods of enforcing a costs order.
Section 121(2): Return of security deposits
The High Court may return the unused amount on a written application by the depositor or, if the depositor has died, the depositor's legal representative. The provision covers three situations:
- Balance after payment: any money remaining after costs have been paid under Section 121(1) may be returned.
- No costs awarded: where there is no award of costs, the security deposit may be returned on application.
- No timely application for payment: where the person awarded costs has not made the written application under subsection (1) within one year, the whole deposit may be returned on application.
The language of subsection (2) is permissive: the deposit may be returned upon the requisite application. Applicants should comply with the relevant High Court's procedural and documentary requirements.
Relationship with Sections 117, 118, 119 and 122
Section 117 requires a petitioner to deposit security for costs when presenting an election petition and permits the High Court to direct further security. Section 118 addresses security from a person seeking to be joined as a respondent under Section 86(4). Section 119 governs awards of costs, including the statutory entitlement of a returned candidate to costs where the petition is dismissed under Section 98(a). Section 122 separately concerns execution of orders as to costs.
Read Sections 117 and 118 on security for costs, Section 119 on costs, and Section 122 on execution of costs orders.
Practical checklist for applications
- Identify the election petition and the High Court order awarding costs.
- Confirm whether the ordered costs have already been paid.
- For payment under Section 121(1), file a written application within one year of the costs order.
- For a refund under Section 121(2), identify the deposit, payments made out of it and the balance claimed.
- If the depositor has died, establish the applicant's status as legal representative.
- Follow the applicable High Court rules for filing, verification and supporting records.
Frequently asked questions
Who can seek payment from the security deposit?
A person in whose favour costs were awarded may apply in writing to the High Court under Section 121(1), within one year of the costs order, where those costs remain unpaid.
Is the whole security deposit always forfeited?
No. The deposit is used to meet unpaid awarded costs, in full or to the extent available. The balance may be returned in accordance with Section 121(2).
Can a legal representative request a refund?
Yes. If the depositor dies after making the deposit, subsection (2) permits the legal representative to apply in writing for its return.
Official sources
For the consolidated text of the Act and applicable amendments, consult India Code. Election-related administrative material is available from the Election Commission of India, and judicial procedure and court information are available from the Supreme Court of India. Confirm the relevant High Court's current filing rules before submitting an application.