The Representation of the People Act, 1951 · II — .

Section 81. Presentation of petitions

In force · As amended up to 2026-08

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). — 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.]

Source: India Code

How this section changed

  1. substituted by Act 27 of 1956, s. 44

    In force from 28 Aug 1956

    Earlier wording: “sub-sections (1) and (2)”

    Footnote: 8. Subs. by Act 27 of 1956, s. 44, for "sub-sections (1) and (2)" (w.e.f. 28-8-1956).

  2. substituted by Act 27 of 1956, s. 44

    In force from 28 Aug 1956

    Footnote: 9. Subs. by s. 44, ibid ., for certain words (w.e.f. 28-8-1956).

  3. inserted by Act 47 of 1966, s. 37

    In force from 14 Dec 1966

    Footnote: 2. Ins. by s. 37, ibid. (w.e.f. 14-12-1966).

  4. substituted by Act 47 of 1966, s. 39

    In force from 14 Dec 1966

    Earlier wording: “Election Commission”

    Footnote: 6. Subs. by Act 47 of 1966, s. 39, for "Election Commission" (w.e.f. 14-12-1966).