Section 118 of The Representation of the People Act, 1951
Security for costs from a respondent.
No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.
Summary
- If a person wants to join an ongoing election case as a respondent, which is someone defending against the claim, they may have to pay security.
- This applies specifically to people who are not the original winner but want to join the case under Section 86 of the law.
- The High Court decides exactly how much money these people must provide as security for costs.
- This ensures that if they lose or cause extra expenses, there is money available to pay the other party.
Practical examples
FAQ
1. Who must provide security under Section 118 of The Representation of the People Act, 1951?
Any person seeking to be joined as a respondent under sub-section 4 of section 86 must provide security as directed.
2. Does the Act specify a fixed amount for the respondent's security in Section 118?
No, Section 118 of the 1951 Act says the person must give such security as the High Court may direct.
3. Is a respondent always required to give security under the 1951 Act?
Under Section 118, it is a requirement specifically for those who apply to be joined as a respondent during the trial.
Test yourself
Q1.According to Section 118 of The Representation of the People Act, 1951, who determines the amount of security a new respondent must pay?
Q2.To which section of the 1951 Act does Section 118 refer for the joining of respondents?
Q3.Under Section 118 of the 1951 Act, when is a person entitled to be joined as a respondent?
Q4.If a petitioner deposited money under Section 117 and a respondent is joined under Section 118, what does this tell us about the 1951 Act?