Section 84: Relief That May Be Claimed by the Petitioner

Section 84 of the Representation of the People Act, 1951 specifies the declarations that a petitioner may seek when challenging an election. Besides asking the High Court to declare the election of a returned candidate void, the petitioner may also request a declaration that the petitioner or another candidate was duly elected.

Text of Section 84 - Relief that may be claimed by the petitioner

Meaning and scope of Section 84

Section 84 provides for two distinct forms of relief in an election petition. The first is a declaration that the election of one or more returned candidates is void. The second is an additional declaration that the petitioner or another candidate has been duly elected. The second relief is not automatic merely because an election is set aside: the statutory conditions for declaring another candidate elected must also be established.

1. Declaration that an election is void

An election can be challenged on the grounds laid down in Section 100 of the Representation of the People Act, 1951, which addresses circumstances in which the High Court shall declare an election void. Such grounds include specified disqualifications, corrupt practices, improper rejection of nominations and other statutory irregularities subject to the applicable requirements of Section 100.

2. Further declaration that another candidate was duly elected

Where the petitioner additionally seeks a declaration in favour of the petitioner or another candidate, Section 101 governs when the High Court may make that declaration. Broadly, this concerns proof that the claimant received a majority of valid votes or would have received a majority but for votes obtained by the returned candidate through corrupt practices.

Connected requirements for an election petition

Section 81 governs presentation of an election petition, including the ordinary 45-day filing period. Section 82 is especially important where a further declaration under Section 84 is sought: all contesting candidates other than the petitioner must then be joined as respondents, along with any other candidate against whom a corrupt practice is alleged. If no further declaration is claimed, all returned candidates must be joined, together with any other candidate against whom a corrupt practice is alleged.

Section 83 requires a concise statement of material facts, full particulars of alleged corrupt practices, and proper signing and verification, including the prescribed affidavit where corrupt practice is alleged. The High Court considers the petition under the statutory trial procedure, including Section 86 and Section 87.

Section 85 - Repealed provision

Section 85, formerly titled Procedure on receiving petition, was repealed by Section 40 of the Representation of the People (Amendment) Act, 1966 (Act 47 of 1966). It does not provide a current, independent procedure for receiving election petitions.

Practical significance

The relief sought should be expressly stated in the election petition. A request merely to set aside a returned candidate's election differs materially from a request to declare another candidate elected. The latter also affects the necessary parties under Section 82 and requires proof satisfying Section 101. Election petitions are statutory proceedings, and compliance with the applicable filing, pleading and joinder requirements is essential.

Official legal resources

For the authoritative statutory text and amendments, consult the Representation of the People Act, 1951 on India Code and the Election Commission of India. Judicial orders and election-petition decisions may be consulted through the Supreme Court of India and the relevant High Court.

This article explains the statutory framework generally. The applicable law and court rules should be checked against the facts and filing date of each case.