Section 109 of The Representation of the People Act, 1951
1[109. Withdrawal of election petitions.--(1) An election petition may be withdrawn only by leave of the High Court.
- (2)Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.
Summary
- A person who started an election legal complaint can only withdraw it with the High Court's permission.
- If someone wants to quit their case, they must apply to the court for withdrawal.
- The court must notify all other people involved in the case about the request to withdraw.
- A notice about the hearing for the withdrawal request must be printed in the Official Gazette.
Practical examples
FAQ
1. Can I stop my election case anytime under Section 109 of The Representation of the People Act, 1951?
No, under Section 109 of The Representation of the People Act, 1951, a petition may be withdrawn only with the High Court's leave.
2. Who gets notified if a case is withdrawn under Section 109 of the 1951 Act?
Section 109 of the 1951 Act requires notice be given to all other parties in the petition.
3. Where is the withdrawal hearing notice published under Section 109 of the 1951 Act?
According to Section 109 of the 1951 Act, the notice must be published in the Official Gazette.
Test yourself
Q1.Under Section 109 of The Representation of the People Act, 1951, whose permission is needed to withdraw a petition?
Q2.What is required before a withdrawal application is heard under Section 109 of the 1951 Act?
Q3.Who must receive notice of a withdrawal application under Section 109 of the 1951 Act?
Q4.What does "leave of the High Court" mean in Section 109 of the 1951 Act?