CHAPTER II.--Presentation of Election Petitions to Election CommissionCentral

Section 84 of The Representation of the People Act, 1951

1[84. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]

Summary

A person challenging an election can ask the court for two different types of outcomes.
You can ask the court to declare that the election of the winning candidate is totally void, or invalid.
You can also ask the court to declare that you or someone else was the person who actually won.

Practical examples

1After a messy election, Suresh files a petition asking the court to rule that the current winner's seat is void. He also asks the court to declare that he is the person who actually received the most legal votes and should be the representative.

2An elector files a case arguing that the top two candidates were both disqualified. He asks the court to declare both of their elections void and rule that the third-place candidate is the legally elected member.

FAQ

1. What kind of relief can I ask for under Section 84 of the Representation of the People Act, 1951?

Under Section 84 of the Representation of the People Act, 1951, you can claim a declaration that the election of all or any returned candidates is void, and a further declaration that someone else was duly elected.

2. Can a petitioner ask to be named the winner under Section 84 of the Representation of the People Act, 1951?

Yes, Section 84 of the Representation of the People Act, 1951, specifically allows a petitioner to claim that he himself has been duly elected.

3. Can I claim a seat for a third party under Section 84 of the Representation of the People Act, 1951?

Yes, Section 84 of the Representation of the People Act, 1951, allows the petitioner to claim that "any other candidate" has been duly elected.

Test yourself

Q1.Under Section 84 of the Representation of the People Act, 1951, what is the first type of relief a petitioner can claim?

Q2.Besides declaring an election void, what else can a petitioner claim under Section 84 of the Representation of the People Act, 1951?

Q3.Under Section 84 of the Representation of the People Act, 1951, can a voter who is not a candidate ask the court to name someone else as the winner?

Q4.If a petitioner claims a seat for themselves under Section 84, how does this affect who they must sue under Section 82 of the Representation of the People Act, 1951?

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