Presentation of petitions
Section 81 of the Representation of the People Act, 1951 deals with presentation of petitions. An election petition calling in question any election may be presented on one or more of the grounds specified in [sub-section (1)] of section 100 and section 101 to the [High Court] by any candidate at such election or any elector [within forty-five days from, but not earlier than, the date of elec The Act came into force on 17 Jul 1951.
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 1[sub-section (1)] of section 100 and section 101 to the 2[High Court] by any candidate at such election or any elector 3[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.]
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.
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5[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 6*** and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]
Section 81, 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.
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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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: Who may present an election petition (only electors or candidates).
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Youaraj Rai vs Chander Bahadur Karki
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: Presentation of election petitions; prescribes 45-day limitation period from date of election of returned candidate; Court held that in Legislative Assembly elections, this date is the date of declaration of the returned candidate, not the date of publication of overall election results
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Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal
Court's Decision & Legal Precedent
The certificate under Section 65B(4) of the Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record.
On this section: Procedure for election petitions and appeals.
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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 that election petition may be presented on grounds specified in Section 100 and 101
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Sri Mairembam Prithviraj @ Prithibiraj Singh vs Shri Pukhrem Sharatchandra Singh
Court's Decision & Legal Precedent
When the nomination of a returned candidate is found to have been improperly accepted due to a substantial defect such as false declaration of educational qualification, and there are only two candidates contesting the election, it is not necessary for the election petitioner to separately plead and prove that the result of the election was materially affected by such improper acceptance. The material effect on the result is an obvious conclusion from the circumstances, because the returned candidate would not have been able to contest the election at all if his nomination had been properly rejected. Additionally, false declaration regarding educational qualification constitutes a defect of substantial character warranting rejection of nomination under Section 36(4) of the Representation of the People Act, 1951, as voters have a fundamental right to accurate information about candidates' qualifications.
On this section: Provides that election petition calling in question any election may be presented on grounds specified in Section 100 and 101
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 81
What have the courts held on Section 81 of the Representation of the People Act?
Tej Bahadur vs Shri Narendra Modi (24 Nov 2020) is the leading judgment on this section among those set out below: Who may present an election petition (only electors or candidates). Another 4 judgments on this section are set out below, all of them from the Supreme Court. They run from 2006 to 2020.
How do I find court cases under Section 81 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 81, section 81 RP Act 1951, section 81 of the Representation of the People Act. People searching for it also type representation of people act 1951 section 81. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Tej Bahadur vs Shri Narendra Modi (24 Nov 2020).
What should I read with Section 81 of the Representation of the People Act, and has it changed?
Its own text turns on section 100 (Grounds for declaring election to be void), section 101 (Grounds for which a candidate other than the returned candidate may be declared to have been elected), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 81 of the Representation of the People Act come into force?
Section 81 of the Representation of the People Act, cited as RP Act 1951 81, 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.