Representation of the People Act, 1951

Section 87: Procedure Before the High Court in Election Petitions

Section 87 regulates the procedure for trying election petitions in the High Court. It adopts civil suit procedure, subject to the Representation of the People Act and applicable rules, and provides for the treatment of evidence and unnecessary witnesses.

What does Section 87 provide?

Section 87(1): Civil procedure applies

Subject to the provisions of the Representation of the People Act, 1951 and rules made under it, every election petition must be tried by the High Court, as nearly as may be, according to the procedure applicable to the trial of suits under the Code of Civil Procedure, 1908 (CPC).

The words "as nearly as may be" mean that the CPC supplies the procedural framework to the extent compatible with the special election-petition provisions. The Act and its rules prevail where they prescribe a different procedure.

Proviso to Section 87(1): Power to refuse witnesses

The High Court may refuse to examine any witness or witnesses if it considers the proposed evidence immaterial to deciding the petition, or finds that the witness is tendered on frivolous grounds or to delay proceedings. The Court must record its reasons in writing for doing so.

Section 87(2): Rules of evidence

Section 87(2) refers to the Indian Evidence Act, 1872 (1 of 1872) and makes its provisions applicable, subject to the Representation of the People Act, to the trial of an election petition. The original webpage incorrectly identified the Act number as "1 of 1972"; the correct citation is 1 of 1872.

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872, subject to savings for proceedings already pending immediately before commencement. The continuing statutory wording of Section 87(2) and the operation of the repeal-and-savings provisions should therefore be read together when identifying the evidence law applicable to a particular petition. See the official India Code portal for the current Acts and amendments.

How Section 87 operates in practice

  • Pleadings: Election petitions must meet the material-facts, corrupt-practice particulars and verification requirements of Section 83.
  • Special statutory requirements: Compliance with Section 81, Section 82 and Section 117 is particularly important because Section 86(1) requires dismissal for non-compliance with those provisions.
  • Witnesses and documents: Evidence must relate to material issues. The Court may reject irrelevant or delaying witness requests for recorded reasons.
  • Expeditious trial: Section 86 provides for day-to-day trial where practicable and an endeavour to conclude proceedings within six months.

Relationship with other provisions

Section 84 governs relief that may be claimed, including a declaration that a returned candidate's election is void and, where sought, that another candidate was duly elected. Section 87 concerns the procedural method by which the High Court adjudicates those claims, rather than independently creating a new ground for challenging an election.

Official legal resources

Consult the India Code legislative database, the Legislative Department, Government of India, and the Supreme Court of India for authoritative legislation and judicial decisions. Applicable High Court rules and case-specific orders should also be checked.

Important: Election petitions are special statutory proceedings. General CPC principles cannot override an express requirement or restriction under the Representation of the People Act, 1951.