Definitions
Section 79 of the Representation of the People Act, 1951 deals with definitions. In this Part and in [Part VII] unless the context otherwise requires,— [(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 Judicia The Act came into force on 17 Jul 1951.
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;]
3[(b) "candidate" means a person who has been or claims to have been duly nominated as a 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;
5[(e) "High Court" means the High Court within the local limits of whose jurisdiction the election 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.
Section 79, 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.
This section refers to
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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People's Union for Civil Liberties v. Union of India (NOTA)
Court's Decision & Legal Precedent
Sathasivam CJI, 27 Sep 2013, WP(C) 161/2004. Use Judgment of Main Case order-15.pdf, not same-date order-16 ROP. MCP flagged WRONG DOCUMENT (referral order 23.02.2009 mentioned in the facts) but the body is this reportable NOTA judgment. Right to vote is statutory (RP Act s.79(d)); freedom of voting / not to vote is a facet of Article 19(1)(a). Secrecy under RP Act s.128 and Rules 39/49-M must extend to the elector who decides not to vote; Rule 49-O / Form 17-A that records a 'not voted' remark violates that secrecy. ECI directed to provide a None of the Above button on EVMs under Article 324. Do not confuse with the 2003 PUCL affidavits case.
On this section: s.79(d) 'electoral right' includes the right to vote or refrain from voting; that statutory recognition is the hook for secrecy even when the elector does not vote.
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Tej Bahadur vs Shri Narendra Modi
Court's Decision & Legal Precedent
A person dismissed from government service whose nomination is not accompanied by the mandatory certificate of non-dismissal for corruption or disloyalty under Section 33(3) of the Representation of the People Act, 1951, cannot be deemed a 'duly nominated candidate' and consequently lacks the locus standi to file an election petition under Section 81.
On this section: Definition of 'candidate' as a person who has been or claims to have been duly nominated.
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 79
What have the courts held on Section 79 of the Representation of the People Act?
People's Union for Civil Liberties v. Union of India (NOTA) (27 Sep 2013) is the leading judgment on this section among those set out below: s.79(d) 'electoral right' includes the right to vote or refrain from voting; that statutory recognition is the hook for secrecy even when the elector does not vote. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2013 to 2020.
How do I find court cases under Section 79 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 79, section 79 RP Act 1951, section 79 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. 2 reported judgments on this section are set out on this page, beginning with People's Union for Civil Liberties v. Union of India (NOTA) (27 Sep 2013).
What should I read with Section 79 of the Representation of the People Act, and has it changed?
Its own text turns on section 67 (Report of the result), so none of them can safely be read on its own.
When did Section 79 of the Representation of the People Act come into force?
Section 79 of the Representation of the People Act, cited as RP Act 1951 79, 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 17 Oct 2026. This page is not a substitute for legal advice.