Representation of the People Act, 1951 / Part VI

Section 79 - Definitions under the Representation of the People Act, 1951

Section 79 of the Representation of the People Act, 1951 defines key expressions used in Part VI (Disputes Regarding Elections) and Part VII (Corrupt Practices and Electoral Offences), unless the context requires otherwise. These definitions guide the interpretation of election petitions, election-related rights, and proceedings before the competent High Court.

Section 79 - Definitions (statutory provisions)

The section provides: "In this Part and in Part VII unless the context otherwise requires":

  1. Clause (a) - Judicial Commissioner: Any reference to a High Court, Chief Justice or Judge of a High Court, in relation to a Union territory having a Court of the Judicial Commissioner, is construed as a reference to that Court, the Judicial Commissioner or an Additional Judicial Commissioner, as applicable.
  2. Clause (b) - Candidate: "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election.
  3. Clause (c) - Costs: "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition.
  4. Clause (d) - Electoral right: "electoral right" means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election.
  5. Clause (e) - High Court: "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held.
  6. Clause (f) - Returned candidate: "returned candidate" means a candidate whose name has been published under section 67 as duly elected.

Meaning and practical application

Who is a candidate under Section 79(b)?

The definition covers both a person duly nominated and a person who claims to have been duly nominated. It is relevant to disputes concerning nomination and election petitions. The meaning here must be read in its statutory context rather than automatically applied to every other provision of the Act.

What does electoral right include?

Section 79(d) protects the legal choices to contest or decline to contest, withdraw or remain a candidate, and cast or withhold a vote. The term is particularly important when assessing alleged undue influence or interference with electoral freedom under the provisions governing corrupt practices.

Which High Court has jurisdiction?

Under Section 79(e), the competent High Court is determined by the place where the election in dispute was held. Read this definition with Sections 80 and 80A, which govern election petitions and their trial by the High Court.

What is a returned candidate?

A returned candidate is the person whose name has been published as duly elected under Section 67. This status is relevant to proceedings questioning the validity of an election, and differs from the broader definition of "candidate" in clause (b).

What expenses count as costs?

Section 79(c) uses a broad definition covering costs, charges and expenses of or incidental to the trial of an election petition. The actual award and assessment of costs depend on the applicable provisions and the court's orders.

Section 79 should be read alongside Sections 80 and 80A (election petitions and jurisdiction), Section 67 (publication of results), and Section 123 (corrupt practices), as applicable. For the legislation and official election guidance, consult India Code, Government of India and the Election Commission of India.

The text and explanations are for legal reference. Applicable amendments, notifications and judicial interpretations should be checked for a particular dispute.