Sections 80 and 80A: Election petitions and High Court jurisdiction
Sections 80 and 80A of the Representation of the People Act, 1951 establish how an election can be challenged and identify the High Court as the court having jurisdiction to try an election petition. They form part of Part VI, which deals with disputes regarding elections.
Section 80 - Election petitions
No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.
Meaning: The validity of an election governed by Part VI must be challenged through the special election-petition mechanism provided by the Act. An ordinary civil suit is not a substitute for an election petition. The original webpage also mentioned the definition of a candidate; that definition belongs to Section 79(b), not Section 80.
Section 80A - High Court to try election petitions
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.
Explanation: The High Court has original jurisdiction to try these election petitions. A single Judge ordinarily conducts the trial, pursuant to assignment by the Chief Justice. For justice or convenience, the High Court can conduct all or part of the hearing away from its principal seat.
Who can file an election petition and when?
Section 81 permits a candidate at the election or an elector to present an election petition on one or more grounds specified in Sections 100 and 101. The petition must generally be presented within 45 days from, but not earlier than, the date of election of the returned candidate, or the later relevant date where there are multiple returned candidates. Under Section 79(e), the relevant High Court is the High Court within whose territorial jurisdiction the election was held.
Section 82 specifies the necessary respondents; Section 83 sets out requirements for contents, verification and particulars of alleged corrupt practices; and Section 117 concerns security for costs. Failure to comply with certain mandatory requirements can result in dismissal under Section 86. The applicable High Court rules and the statute should be checked before filing.
Related provisions and remedies
- Section 79: Definitions, including candidate, electoral right, High Court and returned candidate.
- Sections 80 and 80A: Exclusive election-petition route and High Court jurisdiction.
- Sections 81-83: Presentation, parties and contents of the election petition.
- Sections 86-87: Trial and procedure before the High Court.
- Sections 100-101: Grounds for declaring an election void and for declaring another candidate elected.
- Section 116A: Appeal to the Supreme Court from an order of the High Court under Section 98 or Section 99, subject to statutory requirements.
Frequently asked questions
Can an election be challenged by an ordinary civil suit?
No. Section 80 requires a challenge to an election through an election petition in accordance with Part VI of the Act.
Which court hears an election petition?
Under Section 80A, the jurisdiction lies with the relevant High Court and is ordinarily exercised by a single Judge.
Can a High Court hold the trial away from its principal seat?
Yes. Section 80A(3) permits this in the interests of justice or convenience.
Official legal resources
Consult the India Code database for the current text of the Representation of the People Act, 1951 and the Election Commission of India for election-related instructions and information. For filing requirements, consult the rules and notifications of the concerned High Court.
This article explains the statutory framework and should be read with the current Act, relevant rules and binding judicial decisions.