Election petitions

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.

1. Youaraj Rai vs Chander Bahadur Karki

   Supreme Court of India 15 Dec 2006 Binding (SC)

   Court's Decision & Legal Precedent

   In an election to a Legislative Assembly (single-member constituencies), the limitation period of 45 days prescribed under Section 81 of the Representation of the People Act, 1951 for filing an election petition commences from the date on which the returned candidate is declared elected by the Returning Officer under Section 53 (for uncontested elections) or Section 66 (for contested elections), not from the date of publication of overall election results under Section 73. The term 'election' in Section 81 refers to the election in a particular constituency, not the entirety of elections held in the State. The second part of Section 81 (relating to multiple returned candidates with different election dates) applies only to Legislative Council and Council of States elections, not to Legislative Assembly elections.

   On this section: Prohibits questioning of election except by way of election petition

   Read the full order on eCourts India

2. Shyamdeo Pd. Singh vs Nawal Kishore Yadav

   Supreme Court of India 28 Aug 2000 Binding (Supreme Court)

   Court's Decision & Legal Precedent

   Inclusion of persons in the electoral roll who are not qualified to be enrolled under Section 27 of the Representation of the People Act, 1950 cannot constitute a ground for setting aside an election of a returned candidate under Section 100 of the Representation of the People Act, 1951, unless such persons are explicitly disqualified under Section 16 of the 1950 Act. A person validly enrolled in the electoral roll by authorized authorities is entitled to cast a vote and cannot be excluded from exercising voting rights on the ground that they did not satisfy eligibility requirements, as the electoral roll becomes final and conclusive as to qualification matters from the last date for nominations until completion of the election. The distinction between statutory disqualification (which bars voting even if enrolled) and lack of qualification (which may have required denial of enrollment but does not bar voting once enrolled) is fundamental to election law. Non-compliance with electoral roll preparation procedures, while subject to criticism and administrative correction, does not provide grounds for election petition challenge post-nomination deadline.

   On this section: Provides for filing election petitions to question election results

   Read the full order on eCourts India

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.