Section 99: Other Orders to Be Made by the High Court
Section 99 requires the High Court, when deciding an election petition under Section 98, to make additional orders about alleged corrupt practices and the costs of the proceedings. It also protects a person who is not a party from being named without notice and an opportunity to defend themselves.
What does Section 99 provide?
Section 99(1)(a): Findings about corrupt practices
Where the election petition contains a charge that a corrupt practice was committed at the election, the High Court must record:
- Whether a corrupt practice was proved: a finding as to whether any corrupt practice has or has not been proved to have been committed at the election, together with the nature of that practice (Section 99(1)(a)(i)); and
- Identity of persons found guilty: the names of all persons, if any, proved at trial to have been guilty of a corrupt practice and the nature of that practice (Section 99(1)(a)(ii)).
For this purpose, corrupt practices are defined by Section 123 of the Act, which includes specified conduct such as bribery, undue influence and other statutorily defined electoral misconduct. A charge must be evaluated against the applicable statutory elements and evidence.
Section 99(1)(b): Order regarding costs
At the same time, the High Court must fix the total amount of costs payable and specify the persons by whom and to whom those costs must be paid. This is distinct from its decision to dismiss the petition or declare an election void under Section 98.
Safeguards before naming a person who is not a party
The proviso to Section 99(1) restricts the High Court from naming a non-party under Section 99(1)(a)(ii) unless both procedural safeguards are satisfied:
- Notice and opportunity to show cause: the person must receive notice to appear before the High Court and show cause why they should not be named.
- Opportunity to defend: if that person appears pursuant to the notice, they must be allowed to cross-examine any witness already examined who has given evidence against them, call evidence in their defence, and be heard.
These protections apply to naming a person in the corrupt-practice finding, not merely to the question of costs. They reflect the importance of procedural fairness when the court records findings against someone who was not originally a party to the election petition.
Section 99(2): Meaning of "agent"
Section 99(2) provides that, in Sections 99 and 100, the expression "agent" has the same meaning as in Section 123. The statutory meaning must be used when assessing allegations involving acts by a candidate, election agent or other agent.
How Section 99 fits with election-petition proceedings
Section 98 addresses the principal result of an election petition: dismissal, declaration that an election is void, or declaration that another candidate was duly elected. Section 99 requires supplementary findings on charged corrupt practices and an order on costs. Section 100 separately states the grounds on which an election may be declared void. Section 97 governs recrimination where a seat is claimed for another candidate.
The requirement to identify the nature of a corrupt practice and the person proved responsible should not be confused with an automatic finding that the election itself is void: the separate conditions under Section 100 must be considered.
Official statutory resources
Read the Representation of the People Act, 1951 (India Code PDF), and consult the Election Commission of India and Supreme Court of India for related official material and judicial decisions.