Election Petition

What is an Election Petition?

An **election petition** is the exclusive legal remedy available to challenge the result of an election to the **Lok Sabha**, **Rajya Sabha**, or **State Legislative Assemblies** in India. It is not an ordinary civil suit but a special statutory proceeding filed before the **High Court** of the state in which the constituency is located. Through an election petition, the petitioner seeks either to have the election of the returned candidate declared void (set aside) or to be themselves declared elected in place of the returned candidate.

In simple terms, if you believe that an election was conducted unfairly — because of corruption, voter fraud, disqualification of the winning candidate, or violation of election rules — an election petition is the only way to legally challenge the result and seek a fresh election or a changed outcome.

Legal Definition and Framework

Election petitions are governed by **Part VI (Sections 79 to 99) of the Representation of the People Act, 1951 (RPA 1951)** and the relevant High Court rules.

Key Legal Provisions

- **Section 80 — Election petitions:** No election shall be called in question except by an election petition presented in accordance with the provisions of Part VI.

- **Section 80A — High Court to try election petitions:** Every election petition shall be presented to the **High Court** having jurisdiction over the constituency.

- **Section 81 — Presentation of petition:** An election petition calling in question any election may be presented by any **candidate** at that election or any **elector** within **45 days** from the date of election of the returned candidate.

- **Section 82 — Parties to the petition:** The returned candidate (winning candidate) must be made a respondent. Where the petitioner claims a seat for themselves, all other contesting candidates must also be made respondents.

- **Section 83 — Contents of petition:** The petition must contain a concise statement of the material facts and full particulars of any corrupt practice alleged. It must be signed by the petitioner and verified as per the CPC.

- **Section 86 — Trial of election petitions:** The High Court shall dismiss the petition if it does not comply with the formal requirements of Sections 81, 82, and 117 (security deposit).

- **Section 98 — Decision of the High Court:** After trial, the High Court shall make an order either:

- **Dismissing the election petition**, or

- **Declaring the election void**, or

- **Declaring the election void and the petitioner or another candidate elected**.

- **Section 99 — Orders as to corrupt practices:** If the High Court finds that a corrupt practice was committed, it must record the names of all persons proved to have committed the corrupt practice and the nature of the practice.

Grounds for Filing an Election Petition

1. Corrupt Practices (Section 100(1)(b))

Section 123 of the RPA 1951 defines corrupt practices:

- **Bribery (Section 123(1)):** Offering gratification (money, gifts, or employment) to induce a voter to vote or refrain from voting.

- **Undue influence (Section 123(2)):** Direct or indirect interference or attempt to interfere with the free exercise of any electoral right, including threats of injury, social ostracism, or divine displeasure.

- **Appeal to religion, race, caste, community, or language (Section 123(3)):** Systematic appeal to vote or refrain from voting on grounds of religion, race, caste, community, or language, or the use of religious symbols for electoral purposes.

- **Publication of false statements (Section 123(4)):** Publishing false statements of fact regarding the personal character or conduct of a candidate to prejudice their prospects.

- **Hiring or procuring of vehicles (Section 123(5)):** Hiring vehicles to convey electors to or from polling stations (except for certain exceptions).

- **Government resources (Section 123(7)):** Obtaining or procuring assistance of government servants for furthering election prospects.

- **Booth capturing (Section 123(8)):** Seizure of a polling station, threat of violence at polling stations, or taking possession of ballot boxes.

2. Disqualification of the Returned Candidate (Section 100(1)(a))

If the returned candidate was disqualified on the date of election — under Article 102 or 191 of the Constitution, or under the RPA provisions (such as conviction for certain offences, holding an office of profit, or being an undischarged insolvent).

3. Improper Acceptance or Rejection of Nomination (Section 100(1)(c))

If the result was materially affected by the improper acceptance or rejection of any nomination paper.

4. Non-Compliance with Constitutional or Legal Provisions (Section 100(1)(d))

If the result was materially affected by non-compliance with the provisions of the Constitution, the RPA, or any rules or orders made under the RPA, relating to the conduct of the election.

Procedure for Filing an Election Petition

1. Limitation Period

The election petition must be filed within **45 days** from the date of election of the returned candidate (as published in the official gazette). This period is strictly enforced — even a delay of one day results in dismissal.

2. Security Deposit

Under **Section 117**, the petitioner must deposit Rs. 2,000 as security for costs in the High Court at the time of filing.

3. Trial by the High Court

The High Court tries the election petition as nearly as possible in accordance with the procedure applicable to the trial of suits under the CPC, with certain modifications. The trial is conducted by a single judge (or a bench, as per the High Court rules). The trial must be concluded as expeditiously as possible, and the endeavour should be to conclude it within **6 months** from the date of filing.

4. Evidence

The petitioner bears the burden of proving the grounds alleged. Corrupt practices must be proved **beyond reasonable doubt** (similar to a criminal standard), while other grounds must be proved on a **balance of probabilities** (civil standard).

5. Judgment and Appeal

The High Court's judgment on the election petition is final, subject to appeal to the **Supreme Court** under Section 116A of the RPA. The appeal must be filed within 30 days of the High Court's order.

When Does This Term Matter?

After General Elections and By-Elections

Election petitions are typically filed after general elections, state assembly elections, and by-elections. Defeated candidates who believe the winning candidate used corrupt practices or was disqualified frequently resort to this remedy.

Challenging Disqualified Candidates

If a candidate who was disqualified (for example, due to a criminal conviction) managed to get elected, the election can be set aside through an election petition. The court can declare the election void and order a fresh election.

Electoral Fraud and Irregularities

Large-scale irregularities such as booth capturing, voter intimidation, mass bribery, or manipulation of electronic voting machines can form the basis of an election petition. However, the petitioner must specifically plead and prove these allegations.

Landmark Judgments

- **Indira Nehru Gandhi v. Raj Narain (1975) AIR SC 2299:** The landmark election petition case that led to the declaration of Prime Minister Indira Gandhi's election as void on the ground of corrupt practice (use of government machinery for election purposes). This case had far-reaching political and constitutional consequences.

- **Azhar Hussain v. Rajiv Gandhi (1986) Supp SCC 315:** The Supreme Court held that the standard of proof for corrupt practices in election petitions is akin to the standard in criminal cases — proof beyond reasonable doubt.

- **Krishnamoorthy v. Sivakumar (2015) 3 SCC 467:** The Supreme Court emphasised that election petitions must be tried expeditiously and that courts should endeavour to complete trials within six months.

Practical Significance

- The election petition is the **exclusive remedy** for challenging election results. No civil court has jurisdiction to entertain suits relating to election disputes (Section 80 RPA).

- The **45-day limitation** is strictly enforced. Unlike other proceedings where condonation of delay is possible, there is no provision for extending this period.

- **Corrupt practices must be specifically pleaded** with full particulars. Vague or general allegations are insufficient. Each corrupt practice must be described with the names of persons involved, the date, time, and place.

- An election petition is a **quasi-criminal proceeding** — allegations of corrupt practices carry serious consequences including disqualification, and the standard of proof is accordingly high.

- If the election is declared void, the **Election Commission of India** conducts a fresh election (by-election) for that constituency.

- **Costs:** Election petitions are expensive to litigate. The petitioner bears the burden of proving allegations, and if unsuccessful, may be ordered to pay costs.

Frequently Asked Questions

Can any voter file an election petition?

Yes. Under Section 81 of the RPA, an election petition may be filed by any **candidate** at the election or by any **elector** (a person who was entitled to vote in that constituency). You do not need to have been a candidate — if you were a registered voter in that constituency, you have the standing to file an election petition.

What happens if an election petition is successful?

If the High Court declares the election void, the seat falls vacant and the **Election Commission** conducts a fresh election (by-election). If the court additionally declares the petitioner or another candidate as duly elected, that person takes the seat. In cases involving corrupt practices, the court records findings that may lead to disqualification of the guilty person from contesting future elections for a specified period.

Can an election petition challenge the use of EVMs (Electronic Voting Machines)?

Yes. Allegations regarding the malfunction, tampering, or misuse of EVMs can form part of an election petition under Section 100(1)(d) — non-compliance with provisions relating to the conduct of elections. However, the petitioner must provide specific evidence of EVM tampering or malfunction, and vague allegations without proof are unlikely to succeed. The Supreme Court in **Subramanian Swamy v. Election Commission of India (2013)** addressed concerns about EVMs and VVPAT (Voter Verifiable Paper Audit Trail).

Is there a time limit for the High Court to decide the election petition?

While Section 86(7) of the RPA provides that the trial of an election petition shall, as far as practicable, be concluded within **6 months** from the date of filing, this is a directory provision, not mandatory. In practice, election petitions can take much longer — sometimes years. The Supreme Court has repeatedly urged High Courts to expedite election petition trials, as a prolonged dispute defeats the purpose of timely resolution of electoral disputes.