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Supreme Court Rules, 2013 / Order XLVI

Election Petitions under Order XLVI of the Supreme Court Rules, 2013

Procedure for challenging Presidential and Vice-Presidential elections under Part III of the Presidential and Vice-Presidential Elections Act, 1952.

Legal framework and eligibility

Order XLVI of the Supreme Court Rules, 2013 governs petitions questioning the election of the President or Vice-President of India under Part III of the Presidential and Vice-Presidential Elections Act, 1952. Article 71 of the Constitution entrusts disputes and doubts relating to these elections to the Supreme Court. Sections 14 and 15 of the Act establish the Court's exclusive jurisdiction and authorise procedural rules made under Article 145.

Under section 14A, a candidate may petition, or a group of at least 20 Presidential electors or 10 Vice-Presidential electors may jointly petition. A petition must be presented within 30 days after publication of the returned candidate's name under section 12. Section 16 sets out the reliefs that may be claimed, section 18 provides grounds to declare an election void, and section 19 deals with declaring another candidate elected where the statutory requirements are met.

Filing essentials: The Rules prescribe a court-fee stamp of Rs. 20,000, a security deposit of Rs. 50,000, a supporting affidavit, a Senior Advocate's certificate, and at least 12 copies of the petition and accompanying documents. The Court may issue case-specific directions; verify current filing practice and fee requirements with the Supreme Court Registry.

Complete Order XLVI: Rules 1 to 40

The provisions below retain the structure and procedural details of all 40 rules, with evident transcription errors corrected for readability. In particular, the Vice-Presidential elector threshold is ten under section 14A of the Act.

  1. Rule 1: Interpretation and definitions
  2. Rule 2: Petition as the exclusive procedure
  3. Rule 3: Court fee and signature
  4. Rule 4: Form and pagination
  5. Rule 5: Facts, standing and relief
  6. Rule 6: Verification by affidavit
  7. Rule 7: Eligible petitioners and statutory grounds
  8. Rule 8: Senior Advocate certificate
  9. Rule 9: Necessary respondents
  10. Rule 10: Time limit
  11. Rule 11: Presentation to Registrar
  12. Rule 12: Copies of petition and documents
  13. Rule 13: Security for costs
  14. Rule 14: Representation and legal aid
  15. Rule 15: Preliminary hearing
  16. Rule 16: Service of notice
  17. Rule 17: Publication of notice
  18. Rule 18: Copies available to electors
  19. Rule 19: Notice of intention to appear
  20. Rule 20: Supporting or opposing affidavits
  21. Rule 21: Reply affidavits
  22. Rule 22: Constitution of Bench
  23. Rule 23: Leave to withdraw
  24. Rule 24: Consent of joint petitioners
  25. Rule 25: Timing of withdrawal application
  26. Rule 26: Improper bargains
  27. Rule 27: Substitution and withdrawal
  28. Rule 28: Publication and substitution
  29. Rule 29: Amended petition following substitution
  30. Rule 30: Security and costs on substitution
  31. Rule 31: Fresh security deposit
  32. Rule 32: Abatement on death
  33. Rule 33: Costs despite abatement
  34. Rule 34: Substitution following abatement
  35. Rule 35: Death or non-opposition of respondent
  36. Rule 36: Applicable original-jurisdiction procedure
  37. Rule 37: Pronouncement of order
  38. Rule 38: Statement of expenses
  39. Rule 39: Order on costs
  40. Rule 40: Publication of final order

Rule 1: Interpretation and definitions

In this Order, unless the context or subject-matter otherwise requires:- (a) 'the Act' means the Presidential and Vice-Presidential Elections Act 1952; (b) the words defined in Sections 2 and 13 of the Act shall have the respective meanings assigned to them by those Sections.

Rule 2: Petition as the exclusive procedure

An application calling in question an election shall only be by a petition made and presented in accordance with the provisions of this Order.

Rule 3: Court fee and signature

The petition shall be made on a Court-fee stamp of the value of rupees twenty thousand and shall be signed by the petitioner or all the petitioners, if there are more than one, or by a duly authorised advocate on record of the Court, on his or their behalf.

Rule 4: Form and pagination

The petition shall be divided into paragraphs numbered consecutively each paragraph being confined to a distinct portion of the subject and shall be printed or typed legibly on one side of standard A-4 size paper.

Rule 5: Facts, standing and relief

The petition shall state the right of the petitioner under the Act to petition the Court and briefly set forth the facts and grounds relied on by him to sustain the relief or reliefs claimed by him.

Rule 6: Verification by affidavit

The allegations of fact contained in the petition shall be verified by an affidavit to be made personally by the petitioner or by one of the petitioners, if more than one: Provided that where the petitioner is unable to make such affidavit by reason of absence illness or other sufficient cause it may with the sanction of the Judge in Chambers to be given at the time of the presentation of the petition be made by any person duly authorised by the petitioner and competent to make the same.

Rule 7: Eligible petitioners and statutory grounds

A petition calling in question an election may be presented on one or more of the grounds specified in section 18(1) and section 19 of the Act by any candidate at such election or: (i) in the case of a Presidential election, by twenty or more electors joined together as petitioners; (ii) in the case of a Vice-Presidential election, by ten or more electors joined together as petitioners.

Rule 8: Senior Advocate certificate

Every petition calling in question an election shall bear a certificate from an Advocate designated as Senior Advocate to the effect that the petition discloses one or more substantial questions for challenging the election of the President or the Vice-President as the case may be.

Rule 9: Necessary respondents

Where the petitioner claims a declaration under clause (a) of Section 16 of the Act he shall implead the returned candidate as the respondent and where he claims a declaration under clause (b) of the said section he shall implead as respondents all candidates, other than himself, duly nominated at the election.

Rule 10: Time limit

The petition may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election under Section 12 of the Act, but not later than thirty days from the date of such publication.

Rule 11: Presentation to Registrar

The presentation of the petition shall be made by delivering it to the Registrar of the Court in his Chamber in the Court House, unless it is presented before the Judge in Chambers under rule 6.

Rule 12: Copies of petition and documents

The petitioner shall also lodge, along with the petition, at least twelve copies of the petition and of all documents which accompany it.

Rule 13: Security for costs

Upon the presentation of the petition, the petitioner, shall deposit a sum of Rupees fifty thousand in cash / by bank draft with the Registrar or officer nominated by him as Security for the payment of all costs that may become payable by the petitioner.

Rule 14: Representation and legal aid

The petitioner presenting a petition shall be represented by an advocate and in case it is so necessary the Court may direct that legal aid be provided to the petitioner.

Rule 15: Preliminary hearing

Upon presentation of a petition the same shall be posted before a bench of the Court consisting of five Judges for preliminary hearing and orders for service of the petition and advertisement thereof as the Court may think proper and also appoint a time for hearing of the petition. Upon preliminary hearing, the Court, if satisfied, that the petition does not deserve regular hearing as contemplated in Rule 22 of this Order may dismiss the petition or pass any appropriate order as the Court may deem fit.

Rule 16: Service of notice

Unless otherwise ordered, the notice of the presentation of the petition, accompanied by a copy of the petition, shall within five days of the presentation thereof or within such further time as the Court may allow, be served by the petitioner or his advocate on record on the respondent or respondents, the Secretary to the Election Commission, the Returning Officer and the Attorney-General for India. Such service shall be effected personally or by registered post, as the Court or Registrar may direct. Immediately after such service the petitioner or his advocate on record shall file with the Registrar an affidavit of the time and manner of such service.

Rule 17: Publication of notice

Unless dispensed with by the Judge in Chambers or the Registrar, as the case may be, notice of the presentation of the petition shall be published in the Official Gazette and also advertised in newspapers at the expense of the petitioner or petitioners, fourteen clear days before the date appointed for the hearing thereof in such manner as the Court or the Registrar may direct.

Rule 18: Copies available to electors

Every elector shall on payment of the usual fees be entitled within twenty-four hours after such payment, to be furnished by the petitioner or his advocate on record with a copy of the petition and of the affidavit in verification thereof and shall also be entitled upon payment of the prescribed ,fees to obtain copies from the Court.

Rule 19: Notice of intention to appear

A person on whom the notice of the presentation of the petition has been served or any other candidate or an elector who intends to appear on the hearing of the petition shall leave with, or send by registered post to, the petitioner or his advocate on record, notice of such intention signed by him or his advocate on record, if any. Such notice shall be served or if sent by registered post, shall be posted in time to reach the addressee not later than two clear days before the day appointed for the hearing of the petition. No person who has failed to comply with this rule shall be allowed to appear on the hearing of the petition without the leave of the Court.

Rule 20: Supporting or opposing affidavits

An affidavit intended to be used by a person other than the petitioner either in support of the petition or in opposition to the same shall be filed not less than five days before the date fixed for the hearing thereof and notice of the filing thereof shall be given to the petitioner or his advocate on record on the day on which the affidavit is filed. If any person fails to comply with this rule the affidavit, unless the Court otherwise directs shall not be used at the hearing of the petition.

Rule 21: Reply affidavits

An affidavit intended to be used in reply to an affidavit filed in opposition to, or in support of the petition shall be filed not less than two days before the date fixed for the hearing of the petition. Notice of such filing shall be given forthwith to the person by whom the affidavit in opposition to, or in support of the petition, as the case may be, was filed or to his advocate on record.

Rule 22: Constitution of Bench

Every petition calling in question an election shall be posted before and be heard and disposed of by a Bench of the Court consisting of not less than Five Judges.

Rule 23: Leave to withdraw

The petition shall not be withdrawn, save with the leave of the Court to be obtained upon application made for the purpose by notice of motion.

Rule 24: Consent of joint petitioners

Where there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners given in writing.

Rule 25: Timing of withdrawal application

An application for leave to withdraw a petition which has been advertised in accordance with the provisions of rule 17 shall not be heard at any time before the date fixed in the advertisement for the hearing of the petition.

Rule 26: Improper bargains

No application for withdrawal shall be granted if in the opinion of the Court such application has been induced by any extraneous or improper bargain or consideration.

Rule 27: Substitution and withdrawal

When a petitioner applies for leave to withdraw his petition or asks that it be dismissed or that the hearing thereof be adjourned without mentioning sufficient cause or fails to appear in support thereof or if appearing does not apply for an order in terms thereof or if for any other sufficient reason the Court thinks so to do, the Court may, upon such terms as it thinks just, make an order permitting the petitioner to withdraw or striking off the petitioner from the petition and may, upon such terms as it thinks just, substitute as petitioner any other candidate or any other elector or body of electors who in its opinion would have a right to present a petition and is desirous of prosecuting the petition already admitted.

Rule 28: Publication and substitution

If no order for substitution of a new petitioner or petitioners be made by the Court under the rules but the Court only permits the withdrawal of the petition, or strikes off the petitioner or petitioners from the petition, notice of the order of withdrawal of the petition or striking off the petitioner or petitioners shall be published by the Registrar in the Official Gazette and in the newspapers in which the original petition had been advertised under rule 17 and the Court may, on the application made within fourteen days of the publication of such notice in the Official Gazette by any other candidate or in the case of Presidential election, another twenty electors, and in the case of Vice Presidential election another ten electors who might himself or themselves have been a petitioner or petitioners make an order upon such terms as it thinks fit, substituting such petitioner or petitioners in place of the petitioner or petitioners withdrawing or not appearing at the hearing or not proceeding with the petition. If no such application is made within the time aforesaid or, if made, the Court does not think fit to grant the same, the original petition shall stand dismissed.

Rule 29: Amended petition following substitution

Where the Court allows a candidate or any elector or body of electors to be substituted as petitioner or petitioners under rule 27 or rule 28, the Court shall appoint a date for the hearing of the petition and such substituted petitioner or petitioners shall within seven days from the making of the order file a clean copy of the petition with such consequential amendments as may be necessary by reason of the order of substitution therein and shall also file an affidavit verifying such amendments. The amended petition shall be treated as the petition for calling in question the election.

Rule 30: Security and costs on substitution

Upon hearing the application for withdrawal or at the time of making an order for substitution, the Court may, if it thinks fit, by order direct that the amount deposited by the original petitioner or petitioners as security for the costs of the respondent be applied in payment of the costs incurred by him up to the date of the substitution of the new petitioner or petitioners, so far as it may be necessary, and the balance, if any, shall be refunded to the original petitioner or petitioners within seven days from the date of the order of substitution or such further time as the Court may allow.

Rule 31: Fresh security deposit

Unless otherwise ordered by the Court, the substituted petitioner or petitioners shall deposit with the Registrar a sum of Rupees fifty thousand as and by way of security for the costs of the respondents.

Rule 32: Abatement on death

An election petition shall abate by the death of a sole petitioner or in case of several petitioners on the death of the survivor or them: Provided that there shall be no abatement after the hearing of the petition has been concluded.

Rule 33: Costs despite abatement

The abatement of a petition shall not affect the liability of the amount deposited by the petitioner as security for costs or the estate or the petitioner or petitioners for the payment of costs previously incurred.

Rule 34: Substitution following abatement

On the abatement of a petition under rule 32, notice of such abatement having taken place shall be published by the Registrar in the Official Gazette and the newspapers in which the original petition had been advertised and the Court may on the application made within fourteen days of the publication of such notice in the Official Gazette by any other candidate or body of electors who might have been a petitioner or petitioners as the case may be make an order, upon such terms as it thinks fit, substituting him or them in the place of the original petitioner or petitioners and the procedure prescribed in rule 29 and the provisions of rule 31 shall apply in relation to the substituted petitioner or petitioners.

Rule 35: Death or non-opposition of respondent

If before the conclusion of the hearing of an election petition any contesting respondent dies or gives notice that he does not intend to oppose the petition and there is no other respondent who is opposing the petition, the Registrar shall cause a notice of such facts to be published in the Official Gazette and the newspapers in which the original petition had been advertised and any candidate or in the case of Presidential election, twenty electors, and in the case of Vice-Presidential election, ten electors who might have been a petitioner or petitioners may, within fourteen days after such publication, apply to be substituted in the place of the respondent dying or not proceeding with his opposition to oppose the petition and the Court may make such order upon such terms as it thinks fit.

Rule 36: Applicable original-jurisdiction procedure

Subject to the provisions of this Order or any special order or directions of the Court, the procedure on an election petition shall follow, as nearly as may be, the procedure in proceedings before the Court in the exercise of its original jurisdiction.

Rule 37: Pronouncement of order

At the conclusion of the hearing of the election petition, the Court shall make an order at once or on some future day of which due notice shall be given by the Registrar to all persons who appeared at the hearing of the petition.

Rule 38: Statement of expenses

Soon after the conclusion of the hearing of the petition, the Registrar shall submit a statement to the Court showing the Court-fees and other expenses incurred by each party to the petition and the total number of days of hearing of the petition.

Rule 39: Order on costs

At the time of passing the final order under rule 37, the Court shall also make an order fixing the total amount of costs payable and shall further direct by and to whom the said costs shall be paid.

Rule 40: Publication of final order

After the order of the Court has been announced, the Registrar shall send a copy thereof to the Central Government for publication in the Official Gazette.

Related statutory provisions explained

Article 71 of the Constitution: disputes and doubts arising from the election of the President or Vice-President are investigated and decided by the Supreme Court, whose decision is final.

Section 13: defines terms including candidate, costs and returned candidate. Section 14: reserves trial of election petitions to the Supreme Court. Section 14A: specifies eligible petitioners, grounds and the 30-day filing period. Section 15: empowers the Supreme Court to regulate petition procedure.

Section 16: provides for a declaration that the returned candidate's election is void or that another candidate is duly elected. Section 17: concerns final orders and costs. Section 18: addresses bribery, undue influence, specified nomination defects, voting irregularities and other statutory non-compliance. Section 19: governs a declaration that another candidate has been duly elected. Section 20: requires transmission and publication of the Supreme Court's order.

Official legal resources

This article describes the Rules and statutory provisions. In the event of amendments, notifications or judicial directions, the officially published law and applicable Court orders prevail.