CHAPTER III.--Trial of Election PetitionsCentral

Section 107 of The Representation of the People Act, 1951

1[107. Effect of orders of the High Court 2 [(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.]

(2)Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.]

Summary

Most court orders take effect immediately as soon as the judge announces them in court.
An order can be paused if a higher court grants a stay of operation, which is a temporary delay.
If a member's election is cancelled, the votes they already cast in Parliament or a Legislature remain legal and valid.
A candidate whose election is voided, or cancelled, is not punished for participating in House activities before the court's decision.

Practical examples

1Raj is an MP who voted on a new tax law in March, his election is cancelled by a judge in June, but his March vote still counts toward the law.

2A judge removes Sunita from the Assembly on Monday, the order starts that very day unless she gets a higher court to pause it.

FAQ

1. When does a High Court order start under Section 107 of The Representation of the People Act, 1951?

Under Section 107 of The Representation of the People Act, 1951, the order takes effect as soon as the High Court pronounces it.

2. Can a stay stop a court order under Section 107 of the 1951 Act?

Yes, Section 107 of the 1951 Act says the effect of an order is subject to stay provisions in Chapter IV A.

3. Are past votes of a removed member still valid under Section 107 of the 1951 Act?

Yes, Section 107 of the 1951 Act explicitly states that acts and proceedings done as a member are not invalidated by the order.

Test yourself

Q1.According to Section 107 of The Representation of the People Act, 1951, an order takes effect as soon as it is:

Q2.If an election is voided under Section 98, what happens to the member's past actions under Section 107 of the 1951 Act?

Q3.Does a removed candidate face penalties for previous House participation under Section 107 of the 1951 Act?

Q4.What can delay a court order under Section 107 of the 1951 Act?

106PreviousSection 106 Transmission of order to the appropriate authority, etc., and its publication.108NextSection 108 [Omitted.].

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