Section 119 of The Representation of the People Act, 1951
Costs.
Costs shall be in the discretion of the High Court: Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate].
Summary
- The High Court has the final say on who pays the legal costs at the end of an election trial.
- If a petition is dismissed after a full trial, the person whose election was challenged, called the returned candidate, is entitled to have their costs paid.
- In such a dismissal, the High Court must issue an order for costs in favor of that returned candidate.
- This provision protects the winner of an election from losing money while defending their seat against a failed challenge.
Practical examples
FAQ
1. Who decides the costs in an election petition under The Representation of the People Act, 1951?
According to Section 119 of the 1951 Act, costs are in the discretion of the High Court.
2. What happens to costs if a petition is dismissed under Section 98(a) of the 1951 Act?
Section 119 specifies that the returned candidate shall be entitled to the costs they incurred in contesting the petition.
3. Is the High Court required to make an order for costs if a petition fails?
Yes, Section 119 states that if a petition is dismissed, the court shall make an order for costs in favor of the returned candidate.
Test yourself
1.Under Section 119 of The Representation of the People Act, 1951, who generally receives costs if an election petition is dismissed?
2.What does "discretion" mean regarding costs in Section 119 of the 1951 Act?
3.Under Section 119 of the 1951 Act, a returned candidate is entitled to costs if the petition is dismissed under which other section?
4.According to Section 119 of the 1951 Act, why is a returned candidate awarded costs?