Representation of the People Act, 1951 | Part VI, Chapter V

Section 122: Execution of Orders as to Costs

Section 122 of the Representation of the People Act, 1951 provides a mechanism to enforce an order awarding costs in election-petition proceedings. The costs order can be executed through the appropriate civil court as if it were that court's own money decree, subject to a special restriction linked to recovery from security deposits under Section 121.

Section 122 - Statutory provision

Any order as to costs under the provisions of this Part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:

Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section.

Meaning and legal effect of Section 122

An order as to costs is a judicial direction requiring a party to pay litigation costs awarded under Part VI of the Act. Execution is the legal process by which an enforceable monetary order is recovered. Section 122 treats the costs order, for execution purposes, in the same manner as a civil court decree for payment of money.

Which court can execute the costs order?

The order may be produced before the principal civil court of original jurisdiction in the area where the person liable to pay resides or carries on business. Where that place is in a presidency-town, the Act specifies the court of small causes having jurisdiction there. The executing court follows the procedure applicable to its own money decrees, including the relevant provisions of the Code of Civil Procedure, 1908 and applicable court rules.

One-year restriction and the security-deposit route

Section 121(1) allows a person awarded costs to apply in writing to the High Court, within one year from the costs order, for payment from the liable party's security deposit and further security deposit, if any. Where costs can be recovered by that route, Section 122 generally bars a separate execution application during that first year.

Exception: If a Section 121(1) application has been made but the deposits are insufficient, an application under Section 122 can be made during that year to recover the unrealised balance. The proviso does not extinguish the costs order or create a general one-year deadline for all execution proceedings; other applicable limitation and procedural rules must also be considered.

Practical procedure to recover awarded costs

Obtain the relevant court order specifying the costs awarded and the party liable to pay.
Check whether any amount has already been paid and whether security deposits are available under Section 121.
Where applicable, make a written application to the High Court under Section 121(1) within the statutory one-year period.
If deposits are insufficient after that application, identify the outstanding balance and supporting records.
Produce the costs order before the court specified in Section 122, subject to the proviso and applicable execution rules.

Section 117: Security for costs deposited by an election petitioner, including further security directed by the High Court.

Section 118: Security for costs required of a person seeking to be joined as respondent under Section 86(4).

Section 119: High Court's power regarding costs, including the statutory entitlement of a returned candidate where a petition is dismissed under Section 98(a).

Section 121: Payment of awarded costs from security deposits and return of unused deposits.

Official statutory and court resources

For the current text of the Act and amendments, consult India Code and the e-Gazette. For procedural requirements, consult the applicable Supreme Court or relevant High Court rules and orders. The Election Commission of India provides election-law resources.

This article explains the statutory procedure; execution remains subject to the particular order, jurisdiction, limitation law and applicable court rules.