Section 122 of The Representation of the People Act, 1951
Execution of orders as to costs.
Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section 1 [within a period of one year from the date of such order] unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section.
Summary
- Orders for legal costs can be enforced by a local civil court just like a regular court decree for money.
- The order is taken to the main civil court in the area where the person who owes the money lives or works.
- If the person lives in a major city called a presidency-town, the order goes to the court of small causes.
- You cannot go to the local civil court for a year if the costs could be covered by the security deposit, unless the deposit was not enough to pay the full amount.
Practical examples
FAQ
1. Where can an order for costs be enforced under The Representation of the People Act, 1951?
Under Section 122, it can be produced before the principal civil court of original jurisdiction where the person resides or does business.
2. How does a local court treat an order for costs from an election trial?
Section 122 of the 1951 Act says the court executes the order as if it were a decree for payment of money made by that court itself.
3. Can I use Section 122 of the 1951 Act immediately after the trial?
No, if you can get the money from a security deposit under Section 121, you must wait one year before using Section 122 for the balance.
Test yourself
1.Under Section 122 of The Representation of the People Act, 1951, what is the role of a local civil court regarding costs?
2.Which court handles the execution of costs in a presidency-town according to Section 122 of the 1951 Act?
3.Under Section 122 of the 1951 Act, what must happen before applying to a local court if a security deposit exists?
4.According to Section 122 of the 1951 Act, a local court enforces the order based on what?