Section 81 of The Representation of the People Act, 1951
Presentation of petitions.
- (1)An election petition calling in question any election may be presented on one or more of the grounds specified in 1[sub-section (1)] of section 100 and section 101 to the 2[High Court] by any candidate at such election or any elector 3[within forty-five days from, but not earlier than, the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates.] Explanation.—In this sub-section, "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not. 4***** 5[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 6*** and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]
Summary
- Any candidate or voter can file a legal challenge against an election result by submitting a petition to the High Court.
- The petition must be submitted within forty-five days from the date the winning candidate was officially declared elected.
- If there are multiple winners with different election dates, the deadline starts from the date of the very last winner declared.
- A person is legally considered a voter even if they were entitled to vote but chose not to cast a ballot in that specific election.
- Every petition must be accompanied by enough copies for every person being sued, and the person filing must sign each copy to prove it is a true version.
Practical examples
FAQ
1. Who can file an election petition under Section 81 of the Representation of the People Act, 1951?
Under Section 81 of the Representation of the People Act, 1951, any candidate at the election or any elector, meaning a person entitled to vote, can present a petition.
2. What is the time limit for filing an election petition under Section 81 of the Representation of the People Act, 1951?
A petition must be presented within forty-five days from the date of the election of the returned candidate, as specified in Section 81 of the Representation of the People Act, 1951.
3. Can someone who did not vote file a challenge under Section 81 of the Representation of the People Act, 1951?
Yes, an explanation in Section 81 of the Representation of the People Act, 1951, clarifies that an elector includes anyone entitled to vote at the election, regardless of whether they actually voted.
4. Where should a petition be presented under Section 81 of the Representation of the People Act, 1951?
Following an amendment to the law, Section 81 of the Representation of the People Act, 1951, requires that the petition be presented to the High Court.
Test yourself
1.Under Section 81 of the Representation of the People Act, 1951, what is the deadline for presenting an election petition?
2.Does an elector have to vote in the election to file a petition under Section 81 of the Representation of the People Act, 1951?
3.Under Section 81 of the Representation of the People Act, 1951, who has the right to present an election petition?
4.If an election involves multiple returned candidates with different election dates, when does the deadline under Section 81 of the Representation of the People Act, 1951, begin?