Section 82 - Parties to the Petition under the Representation of the People Act, 1951

Section 82 identifies the candidates who must be joined as respondents when an election is challenged before the High Court. The required parties depend on the relief sought and on whether corrupt practices are alleged against a candidate.

Section 82: Parties to the petition

Meaning and scope of Section 82

The law draws a distinction between an election petition that merely challenges the result and a petition that also seeks a declaration that another candidate was duly elected. The list of necessary respondents must be settled according to the actual relief claimed.

1. When only the election is challenged

Where the petitioner asks only for a declaration that the election of one or more returned candidates is void, all returned candidates must be joined as respondents under Section 82(a). A returned candidate is a candidate declared elected at the election concerned.

2. When a declaration of due election is also sought

If the petitioner additionally asks the High Court to declare the petitioner or another candidate duly elected, all contesting candidates other than the petitioner must be made respondents. A contesting candidate is a candidate who actually contested the election, as distinguished from a person who withdrew or did not remain in the contest.

3. Allegations of corrupt practice

Under Section 82(b), any other candidate against whom corrupt practice is alleged must also be joined. Corrupt practices are addressed in Section 123 of the Act, which covers specified electoral misconduct, including bribery and undue influence, subject to the statutory elements and exceptions.

Consequence of non-joinder

Section 86(1) directs the High Court to dismiss an election petition that does not comply with Section 81, Section 82 or Section 117. Thus, omitting a candidate whose joinder is mandatory under Section 82 can be fatal to the petition. The petitioner should identify the necessary respondents before filing, rather than assuming that a missing party can later be added under the general provisions of the Code of Civil Procedure, 1908.

Section 86(4) separately permits a candidate who is not already a respondent to apply to be joined within fourteen days from the commencement of the trial, subject to the statutory conditions. This does not generally cure a petitioner's original failure to comply with mandatory Section 82 requirements.

Judicial interpretation

In Jyoti Basu v. Debi Ghosal (1982), the Supreme Court explained that election petitions are special statutory proceedings. Persons cannot be added merely because they might be considered proper parties under ordinary civil procedure; joinder is governed by Sections 82 and 86(4). The principle was reiterated in Mundrika Singh Yadav v. Shiv Bachan Yadav (2001).

Practical checklist before presenting a petition

1. Identify every returned candidate whose election is questioned.
2. Check whether a further declaration of due election is sought under Section 84.
3. If that further declaration is sought, include every contesting candidate other than the petitioner.
4. Identify any additional candidate against whom a corrupt practice is specifically alleged.
5. Provide the requisite attested copies for the respondents under Section 81(3), and comply with the petition contents, affidavit and security requirements under Sections 83 and 117.

Related statutory provisions and official resources

Section 81 governs presentation of election petitions, including who may file and the filing period. Section 83 specifies the required contents. Section 84 concerns the declaration that may be claimed. Section 86 governs the trial and dismissal for specified non-compliance.

Official text: Representation of the People Act, 1951 (India Code, PDF). For election administration information, see the Election Commission of India.

Note: This article explains the general statutory framework. Election petitions are governed by strict requirements, and the applicable High Court rules and current statutory text should be checked before filing.