Recrimination when seat claimed
Section 97 of the Representation of the People Act, 1951 deals with recrimination when seat claimed. When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a The Act came into force on 17 Jul 1951.
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2[commencement of the trial], given notice to 1[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.
Section 97, 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
Referred to by 1
Questions about Section 97
What does Section 97 of the Representation of the People Act deal with?
Section 97 of the Representation of the People Act is headed "Recrimination when seat claimed". When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a
How do I find court cases under Section 97 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 97, section 97 RP Act 1951, section 97 of the Representation of the People Act. People searching for it also type section 97 of the representation of the people act 1983. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 97 of the Representation of the People Act, and has it changed?
Its own text turns on section 83 (Contents of petition), section 117 (Security for costs), section 118 (Security for costs from a respondent), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 97 of the Representation of the People Act come into force?
Section 97 of the Representation of the People Act, cited as RP Act 1951 97, 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.