Grounds for which a candidate other than the returned candidate may be declared to have been elected
Section 101 of the Representation of the People Act, 1951 deals with 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 [the High Court] is of opinion— (a) that in fact the petitioner or such other candidate recei The Act came into force on 17 Jul 1951.
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.
Section 101, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh
Court's Decision & Legal Precedent
When a candidate's nomination is improperly accepted due to false declaration of educational qualification, and there are only two candidates contesting for a single seat, the election of the returned candidate must be declared void without requiring further proof that the result was materially affected by such improper acceptance. A false declaration relating to educational qualification constitutes a defect of substantial character warranting rejection of nomination, as voters have a fundamental right to accurate information about candidates' qualifications. The distinction between improper acceptance of a returned candidate's nomination versus other candidates' nominations is critical: when the returned candidate's nomination is improperly accepted, no pleading or proof of material effect is necessary because the returned candidate would not have been able to contest the election but for such improper acceptance.
On this section: Provides for declaration of petitioner as duly elected if High Court is of opinion that petitioner received majority of valid votes
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 101
What have the courts held on Section 101 of the Representation of the People Act?
Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh (28 Oct 2016) is the leading judgment on this section among those set out below: Provides for declaration of petitioner as duly elected if High Court is of opinion that petitioner received majority of valid votes.
How do I find court cases under Section 101 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 101, section 101 RP Act 1951, section 101 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh (28 Oct 2016).
What should I read with Section 101 of the Representation of the People Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 101 of the Representation of the People Act come into force?
Section 101 of the Representation of the People Act, cited as RP Act 1951 101, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.