CHAPTER III.--Trial of Election PetitionsCentral

Section 97 of The Representation of the People Act, 1951 in hindi

Recrimination when seat claimed.

(1)When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2[commencement of the trial], given notice to 1[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2)Every notice referred to in sub-section (1) shall be accompanied by the statement and 3*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

Summary

If someone files a petition asking to be declared the winner instead of the person who actually won, the winner can fight back with their own evidence.
The winner can prove that the person claiming the seat would have had their own election declared void if they had won.
To use this right, the winner must give a notice to the High Court within fourteen days from the start of the trial.
The winner must also provide a security deposit, which is a sum of money to cover potential costs, just like a regular petitioner would.
This notice must include a clear statement of facts and details about any corrupt practices being alleged against the person claiming the seat.

Practical examples

1Candidate Smith wins the election, but Candidate Jones files a petition claiming Jones actually had more valid votes and should be the winner. Smith uses Section 97 to present evidence that Jones bribed voters. If Smith proves this, Jones cannot be declared the winner even if the vote count was wrong.

2A voter files a petition to make the runner-up, Sarah, the winner. Within 12 days of the trial starting, the current winner, David, gives notice to the court that he will prove Sarah used government vehicles for her campaign. David pays the required security deposit to allow this evidence.

FAQ

1. What is recrimination under Section 97 of The Representation of the People Act, 1951?

It is a procedure where the winning candidate provides evidence to show that the person trying to claim their seat is also guilty of election violations.

2. What is the deadline to file a recrimination notice under Section 97 of the 1951 Act?

The notice must be given to the High Court within fourteen days from the date the trial commences, as per Section 97 of The Representation of the People Act, 1951.

3. Do I need to pay money to file a notice under Section 97 of the People Act?

Yes, Section 97 of The Representation of the People Act, 1951, requires you to give the security and further security for costs mentioned in the law.

Test yourself

Q1.Under Section 97 of The Representation of the People Act, 1951, when can a winner give evidence to prove a claimant's election would have been void?

Q2.What is the time limit for giving a notice of recrimination under Section 97 of The Representation of the People Act, 1951?

Q3.Under Section 97 of the 1951 Act, what must accompany the notice of intention to give evidence?

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