77. Account of election expenses and maximum thereof.—
(1) Every candidate at an election shall,
either by himself or by his election agent, keep a separate and correct account of all expenditure in
connection with the election incurred or authorised by him or by his election agent between 2[the date on
which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
3
[Explanation 1.—For the removal of doubts, it is hereby declared that—
(a) the expenditure incurred by leaders of a political party on account of travel by air or by any
other means of transport for propagating programme of the political party shall not be deemed to be
the expenditure in connection with the election incurred or authorised by a candidate of that political
party or his election agent for the purposes of this sub-section;
(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other
act or thing done by any person in the service of the Government and belonging to any of the classes
mentioned in clause
(7) of section 123 in the discharge or purported discharge of his official duty as
mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the
election incurred or authorised by a candidate or by his election agent for the purposes of this
sub-section.
Explanation 2.—For the purposes of clause
(a) of Explanation 1, the expression “leaders of a political
party”, in respect of any election, means,—
(i) where such political party is a recognised political party, such persons not exceeding forty in
number, and
1. Subs. by Act 27 of 1956, s. 42, for sections 76 to 78 (w.e.f. 28-8-1956).
2. Subs. by Act 40 of 1975, s. 6, for certain words (w.r.e.f. 6-8-1975).
3. Subs. by Act 46 of 2003, s. 4, for the Explanations 1 and 3 (w.e.f. 11-9-2003).
38
(ii) where such political party is other than a recognised political party, such persons not
exceeding twenty in number,
whose names have been communicated to the Election Commission and the Chief Electoral Officers of
the States by the political party to be leaders for the purposes of such election, within a period of seven
days from the date of the notification for such election published in the Gazette of India or Official
Gazette of the State, as the case may be, under this Act:
Provided that a political party may, in the case where any of the persons referred to in clause
(i) or, as
the case may be, in clause (ii) dies or ceases to be a member of such political party, by further
communication to the Election Commission and the Chief Electoral Officers of the States, substitute new
name, during the period ending immediately before forty-eight hours ending with the hour fixed for the
conclusion of the last poll for such election, for the name of such person died or ceased to be a member,
for the purposes of designating the new leader in his place.]
(2) The account shall contain such particular, as may be prescribed.
(3) The total of the said expenditure shall not exceed such amount as may be prescribed.
78. Lodging of account with the 1[district election officer].—2[
(1)] Every contesting candidate at
an election shall, within thirty days from 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, lodge with the 1[district election officer] an account of his election expenses which shall
be a true copy of the account kept by him or by his election agent under section 77.]
3
* * * * *
4
[PART VA
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL
PARTIES
78A. Free supply of copies of electoral rolls.—
(1) The Government shall, at any election to be held
for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply,
free of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as
finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material
as may be prescribed.
(2) The material referred to in sub-section
(1) shall be supplied,—
(i) subject to such conditions as may be imposed by the Central Government in consultation with
the Election Commission with respect to the reduction of the maximum expenditure which may be
incurred by the candidate under section 77; and
(ii) through such officers as may be specified by the Election Commission who shall act in
accordance with such general or special directions as may be given by the Election Commission.
78B. Supply of certain items to candidates, etc.—
(1) The Election Commission shall, at any time
between the date of publication of the notification calling the election for the purposes of constituting the
House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken,
supply or cause to be supplied, such items as the Central Government may, by order, determine in
consultation with the Election Commission, to the electors in the constituencies concerned or to the
candidates set up by the recognised political parties.
(2) Where the Election Commission supplies the items to the candidates under sub-section
(1), the
Central Government may, in consultation with the Election Commission, impose conditions with respect
to the reduction of the maximum expenditure which may be incurred by the candidate under section 77.
1. Subs. by Act 47 of 1966, s. 36, for “returning officer” (w.e.f. 14-12-1966).
2. Section 78 re-numbered as sub-section
(1) of that section by ,s. 36, ibid. (w.e.f. 14-12-1966).
3. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29-10-2003).
4. Ins. by Act 46 of 2003, s. 5 (w.e.f. 11-9-2003).
39
Explanation.—For the purposes of section 39A, this Chapter and clause (hh) of sub-section
(2) of
section 169, the expression “recognised political party”, has the meaning assigned to it in the Election
Symbols (Reservation and Allotment) Order, 1968.]
PART VI
DISPUTES REGARDING ELECTIONS
CHAPTER I
INTERPRETATON
79. Definitions.—In this Part and in 1[Part VII] unless the context otherwise requires,—
2
[
(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in
relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference
to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional
Judicial Commissioner, as the case may be;]
[
(b) “candidate” means a person who has been or claims to have been duly nominated as a
3
candidate at any election;]
(c) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election
petition;
(d) “electoral right” means the right of a person to stand or not to stand as, or 4[to withdraw or not
to withdraw] from being, a candidate, or to vote or refrain from voting at an election;
[
(e) “High Court” means the High Court within the local limits of whose jurisdiction the election
5
to which the election petition relates has been held;]
(f) “returned candidate” means a candidate whose name has been published under section 67 as
duly elected.
CHAPTER II.
PRESENTATION OF ELECTION PETITIONS TO 6[HIGH COURT]
80. Election petitions.—No election shall be called in question except by an election petition presented in
accordance with the provisions of this Part.
7
[80A. High Court to try election petitions.—
(1) The Court having jurisdiction to try an election petition
shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief
Justice, shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented
to that Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition,
wholly or partly, at a place other than the place of seat of the High Court.]
81. Presentation of petitions.—
(1) An election petition calling in question any election may be presented
on one or more of the grounds specified in 8[sub-section
(1)] of section 100 and section 101 to the 6[High
Court] by any candidate at such election or any elector 9[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].
1. Subs. by Act 47 of 1966, s. 37, for “Parts VII and VIII” (w.e.f. 14-12-1966).
2. Ins. by s. 37, ibid. (w.e.f. 14-12-1966).
3. Subs. by Act 40 of 1975, s. 7, for clause
(b) (w.e.f. 6-8-1975).
4. Subs. by Act 47 of 1966, s. 37, for “to withdraw” (w.e.f. 14-12-1966).
5. Subs. by s. 37, ibid., for clause
(e) (w.e.f. 14-12-1966).
6. Subs. by Act 47 of 1966, s. 39, for “Election Commission” (w.e.f. 14-12-1966).
7. Ins. by s. 38, ibid. (w.e.f. 14-12-1966).
8. Subs. by Act 27 of 1956, s. 44, for “sub-sections
(1) and
(2)” (w.e.f. 28-8-1956).
9. Subs. by s. 44, ibid., for certain words (w.e.f. 28-8-1956).
40
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.
1
* * * * *
2
[
(3) Every election petition shall be accompanied by as many copies thereof as there are respondents
mentioned in the petition 3*** and every such copy shall be attested by the petitioner under his own
signature to be a true copy of the petition.]
4
[82. Parties to the petition.—A petitioner shall join as respondents to his petition—
(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the
returned candidates is void, claims a further declaration that he himself or any other candidate has
been duly elected, all the contesting candidates other than the petitioner, and where no such further
declaration is claimed, all the returned candidates; and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.]
5
[83. Contents of petition.—
(1) An election petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including
as full a statement as possible of the names of the parties alleged to have committed such corrupt
practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil
Procedure, 1908 (5 of 1908) for the verification of pleadings:
6
[Provided that where the petitioner alleges any corrupt practice, the petition shall also be
accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice
and the particulars thereof.]
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the
same manner as the petition].
7
[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.]
85. [Procedure on receiving petition.] Omitted by Representation of the People (Amendment)
Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966).
CHAPTER III
TRIAL OF ELECTION PETITIONS
8
[86. Trial of election petitions.—
(1) The High Court shall dismiss an election petition which does
not comply with the provisions of section 81 or section 82 or section 117.
Explanation.—An order of the High Court dismissing an election petition under this sub-section shall
be deemed to be an order made under clause
(a) of section 98.
(2) As soon as may be after an election petition has been presented to the High Court, it shall be
referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial
of election petitions under sub-section
(2) of section 80A.
1. Omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966).
2. Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961).
3. Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966).
4. Subs. by Act 27 of 1956, s. 45, for section 82 (w.e.f. 28-8-1956).
5. Subs. by s. 46, ibid., for section 83 (w.e.f. 28-8-1956).
6. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961).
7. Subs. by Act 27 of 1956, s. 47, for section 84 (w.e.f. 28-8-1956).
8. Subs. by Act 47 of 1966, s. 41, for sections 86 to 92 (w.e.f. 14-12-1966).
41
(3) Where more election petitions than one are presented to the High Court in respect of the same
election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them
separately or in one or more groups.
(4) Any candidate not already a respondent shall, upon application made by him to the High Court
within fourteen days from the date of commencement of the trial and subject to any order as to security
for costs which may be made by the High Court, be entitled to be joined as a respondent.
Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be
deemed to commence on the date fixed for the respondents to appear before the High Court and answer
the claim or claims made in the petition.
(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the
particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as
may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow
any amendment of the petition which will have the effect of introducing particulars of a corrupt practice
not previously alleged in the petition.
(6) The trial of an election petition shall, so far as is practicable consistently with the interests of
justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court
finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to
conclude the trial within six months from the date on which the election petition is presented to the High
Court for trial.
87. Procedure before the High Court.—
(1) Subject to the provisions of this Act and of any rules
made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in
accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial
of suits:
Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing,
to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is
not material for the decision of the petition or that the party tendering such witness or witnesses is doing
so on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of
this Act, be deemed to apply in all respects to the trial of an election petition.]
93. Documentary evidence.—Notwithstanding anything in any enactment to the contrary, no
document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not
duly stamped or registered.
94. Secrecy of voting not to be infringed.—No witness or other person shall be required to state for
whom he has voted at an election:
1
[
Provided that this section shall not apply to such witness or other person where he has voted by
open ballot.]
95. Answering of criminating questions and certificate of indemnity.—
(1) No witness shall be
excused from answering any question as to any matter relevant to a matter in issue in the trial of an
election petition upon the ground that the answer to such question may criminate or may tend to criminate
him, or that it may expose or may tend to expose him to any penalty or forfeiture:
Provided that —
(a) a witness, who answers truly all questions which he is required to answer shall be entitled to
receive a certificate of indemnity from 2[the High Court]; and
1. Ins. by Act 40 of 2003, s. 4 (w.e.f. 28-8-2003).
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
42
(b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except
in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in
evidence against in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any
Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian
Penal Code (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates,
but it shall not be deemed to relieve him from any disqualification in connection with an election imposed
by this Act or any other law.
96. Expenses of witnesses.—The reasonable expenses incurred by any person in attending to give
evidence may be allowed by 1[the High Court] to such person and shall, unless 1[the High Court]
otherwise directs, be deemed to be part of the costs.
97. Recrimination when seal 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.
98. Decision of the High Court.—At the conclusion of the trial of an election petition
1
[the High Court] shall make an order—
(a) dismissing the election petition; or
(b) declaring the election of 4[all or any of the returned candidates] to be void; or
(c) declaring the election of 5[all or any of the returned candidates] to be void and the petitioner or
any other candidate to have been duly elected. 5***
6
* * * * *
99. Other orders to be made by the High Court.—
(1) At the time of making an order under
section 98 1[the High Court] shall also make an order—
7
[
(a) where any charge is made in the petition of any corrupt practice having been committed at
the election, recording—
(i) finding whether any corrupt practice has or has not been proved to have been
committed 8*** at the election, and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of
any corrupt practice and the nature of that practice; and]
(b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall
be paid:
1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
2. Subs. by Act 27 of 1956, s. 52, for “the publication of the election petition under section 90” (w.e.f. 28-8-1956).
3. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).
4. Subs. by s. 53, ibid., for “the returned candidate” (w.e.f. 28-8-1956).
5. The word “or” omitted by s. 53, ibid. (w.e.f. 28-8-1956).
6. Clause
(d) omitted by s. 53, ibid. (w.e.f. 28-8-1956).
7. Subs. by s. 54, ibid., for clause
(a) (w.e.f. 28-8-1956).
8. The words “by, or with the consent of, any candidate or his agent” omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958).
43
Provided that 1[a person who is not a party to the petition shall not be named] in the order under
sub-clause (ii) of clause
(a) unless—
(a) he has been given notice to appear before 2[the High Court] and to show cause why he should
not be so named; and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining
any witness who has already been examined by 2[the High Court] and has given evidence against him,
of calling evidence in his defence and of being heard.
[
(2) In this section and in section 100, the expression “agent” has the same meaning as in
3
section 123.]
100. Grounds for declaring election to be void.—4[
(1) Subject to the provisions of sub-section
(2)
2
if [the High court] is of opinion—
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to
be chosen to fill the seat under the Constitution or this Act 5[or the Government of Union Territories
Act, 1963 (20 of 1963)]; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or
by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially
affected—
(i) by the improper acceptance or any nomination, or
(ii) by any corrupt practice committed in the interests of the returned candidate 6[by an agent
other than his election agent], or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote
which is void, or
(iv) by any non-compliance with the provisions of the Constitution or of this Act or of any
rules or orders made under this Act,
2
[the High Court] shall declare the election of the returned candidate to be void.]
7
[
(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent, other
than his election agent, of any corrupt practice 8*** but 2[the High Court] is satisfied—
(a) that no such corrupt practice was committed at the election by the candidate or his election
agent, and every such corrupt practice was committed contrary to the orders, and 9[without the
consent], of the candidate or his election agent;
10
* * * * *
(c) that the candidate and his election agent took all reasonable means for preventing the
commission of corrupt 11*** practices at the election; and
(d) that in all other respects the election was free from any corrupt 11*** practice on the part of
the candidate or any of his agents,
1. Subs. by Act 27 of 1956, s. 54, for “no person shall be named” (w.e.f. 28-8-1956).
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
3. Subs. by Act 27 of 1956, s. 54, for sub-section
(2) (w.e.f. 28-8-1956).
4. Subs. by s. 55, ibid., for sub-sections
(1) and
(2) (w.e.f. 28-8-1956).
5. The words “or the Government of part C States Act, 1951 (49 of 1951)” omitted by the A.O. (No. 2) order, 1956
(w.e.f. 1-11-1956).
6. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958).
7. Sub-section
(3) re-numbered as sub-section
(2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).
8. The words and figures “specified in section 123” omitted by s. 55, ibid. (w.e.f. 28-8-1956).
9. Subs. by s. 55, ibid., for “without the sanction or connivance” (w.e.f. 28-8-1956).
10. Clause
(b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958).
11. The words “or illegal” omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).
44
then 2[the High Court] may decide that the election of the returned candidate is not void.
101. Grounds for which a candidate other than the returned candidate may be declared to have
been elected.—If any person who has lodged a petition has, in addition to calling in question the election
of the returned candidate, claimed a declaration that he himself or any other candidate has been duly
elected and 1[the High Court] is of opinion—
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt 2*** practices the
petitioner or such other candidate would have obtained a majority of the valid votes,
1
[the High Court] shall, after declaring the election of the returned candidate to be void declare the
petitioner or such other candidate, as the case may be, to have been duly elected.
102. Procedure in case of an equality of votes.—If during the trial of an election petition it appears
that there is an equality of votes between any candidates at the election and that the addition of a vote
would entitle any of those candidates—
(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it
determines the question between those candidates, be effective also for the purposes of the petition;
and
(b) in so far as that question is not determined by such a decision 1[the High court] shall decide
between them by lot and proceed as if the one on whom the lot then falls had received an additional
vote.
3
[103. Communication of orders of the High Court.—The High Court shall, as soon as may be
after the conclusion of the trial of an election petition, intimate the substance of the decision to the
Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of
the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission
an authenticated copy of the decision.]
104. [Difference of opinion among the members of the Tribunal.] Omitted by the Representation of
the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).
105. [Orders of the Tribunal to be final and conclusive.] Omitted by s. 58, ibid. (w.e.f. 28-8-1956).
106. Transmission of order to the appropriate authority, etc., and its publication.—As soon as
may be after the receipt of any order made by 1[the High Court] under section 98 or section 99, the
Election Commission shall forward copies of the order to the appropriate authority and, in the case where
such order relates to an election 4*** to a House of Parliament or to an election to the House or a House
of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned
and 5[shall cause the order to be published—
(a) where the order relates to an election to a House of Parliament, in the Gazette of India as well
as in the Official Gazette of the State concerned; and
(b) where the order relates to an election to the House or a House of the Legislature of the State,
in the Official Gazette of the State.]
6
[107. Effect of orders of the High Court.—7[
(1) Subject to the provisions contained in Chapter IV
A relating to the stay of operation of an order of the High Court under section 98 or section 99, every such
order shall take effect as soon as it is pronounced by the High Court.]
1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
2. The words “or illegal” omitted by Act 27 of 1956, s. 56 (w.e.f
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