Section 81 - Presentation of Election Petitions
Section 81 of the Representation of the People Act, 1951 (Act 43 of 1951) specifies who may challenge an election by an election petition, the High Court before which it is presented, the time limit of 45 days and the requirement to provide signed, attested copies for respondents.
What does Section 81 provide?
Section 81(1) - Presentation and limitation
An election petition questioning an election may be presented by a candidate at that election or an elector to the High Court, on one or more grounds specified in Section 100(1) and Section 101. It must be presented within 45 days from, but not earlier than, the date of election of the returned candidate. Where more than one candidate is returned and their dates of election differ, the later date applies.
Explanation - Meaning of elector: An elector is a person entitled to vote at the election concerned, whether or not that person actually voted.
Section 81(2) - Omitted
Sub-section (2) was omitted by the Representation of the People (Amendment) Act, 1966.
Section 81(3) - Copies for respondents
The petition must be accompanied by as many copies as there are respondents named in it. Each copy must be attested by the petitioner under the petitioner's own signature as a true copy of the petition.
Who can present an election petition?
Only a candidate at the election or an elector entitled to vote in that election may present a petition under Section 81. A candidate need not have won the election, and an elector need not have actually cast a vote. The challenge must concern the election in question.
Where and when must it be filed?
The petition is presented to the High Court exercising jurisdiction under Section 80A. The statutory filing period is 45 days from the relevant returned candidate's election date; it cannot be filed before that date. The applicable date should be checked against the formal declaration of the result and the nature of the election. Filing and presentation must also comply with the applicable High Court rules.
Grounds on which an election may be challenged
Section 100(1) sets out grounds for declaring an election void, including specified disqualifications, corrupt practices, improper rejection of nomination and certain material effects arising from improper acceptance of nomination, votes or non-compliance with election law. Section 101 addresses the circumstances in which another candidate may be declared elected when such additional relief is claimed. These provisions must be read with the precise pleadings and evidence in each case.
Other requirements to read with Section 81
- Section 82 - Parties: identifies the necessary respondents, depending on the relief sought and allegations of corrupt practice.
- Section 83 - Contents: requires a concise statement of material facts, full particulars of alleged corrupt practices, signing and verification, and the prescribed affidavit where corrupt practices are alleged.
- Section 84 - Relief: permits a claim that the election is void and, where justified, a declaration that the petitioner or another candidate was duly elected.
- Section 86 - Trial: provides for scrutiny and trial by the High Court, including mandatory dismissal for specified statutory non-compliance.
- Section 117 - Security for costs: requires the prescribed deposit at the time of presenting an election petition.
Practical checklist before presentation
- Confirm that the petitioner is a candidate or an elector within Section 81.
- Identify the returned candidate and the legally relevant date of election.
- Present the petition to the competent High Court within the 45-day statutory period.
- Clearly plead material facts, statutory grounds and the relief claimed.
- Join all necessary respondents and comply with affidavit, verification and security-for-costs requirements.
- Supply one true copy per respondent, each attested with the petitioner's own signature, and comply with applicable filing rules.
Official legal resources
For the statutory text and amendments, refer to the Representation of the People Act, 1951 on India Code and the Legislative Department publication. Court-specific procedural requirements should be checked against the relevant High Court rules.