CHAPTER II.--Presentation of Election Petitions to Election CommissionCentral

Section 82 of The Representation of the People Act, 1951

Parties to the petition.

1[Parties to the petition.—A petitioner shall join as respondents to his petition—

(a)where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and
(b)any other candidate against whom allegations of any corrupt practice are made in the petition.]

Summary

The law lists exactly which people must be included as respondents, or people being sued, in an election challenge.
If the person filing the challenge wants to be declared the winner, they must include every candidate who competed in that election as a party.
If the challenge only asks to cancel the results without naming a new winner, then only the successful candidates must be included.
Anyone filing a challenge must also include any other candidate if they are accusing that person of illegal corrupt practices.

Practical examples

1Rohan files a petition asking to be declared the winner of the local seat because of a counting error. Because he is claiming the seat for himself, he must include all twenty candidates who ran in that election as respondents in his case.

2Anita only wants to prove that the current winner, Mr. Khan, was not qualified to run. Since she is not asking to be named the winner herself, she only names the successful candidate, Mr. Khan, as the respondent.

3A voter files a case against the winner but also claims that the third-place candidate, Mr. Sharma, was involved in bribery. Under the rules, the voter must name both the winner and Mr. Sharma as respondents.

FAQ

1. Who must be joined as a respondent under Section 82 of the Representation of the People Act, 1951, if the petitioner claims the seat for themselves?

Under Section 82 of the Representation of the People Act, 1951, if a further declaration is claimed that the petitioner or any other candidate has been elected, all contesting candidates must be joined as respondents.

2. If I only want to declare an election void, who do I sue under Section 82 of the Representation of the People Act, 1951?

If no further declaration of a new winner is claimed, Section 82 of the Representation of the People Act, 1951, requires that all the returned candidates be joined as respondents.

3. Must I name a candidate I accuse of bribery under Section 82 of the Representation of the People Act, 1951?

Yes, Section 82 of the Representation of the People Act, 1951, states that any other candidate against whom allegations of any corrupt practice are made in the petition must be joined.

4. What is a returned candidate under the Representation of the People Act, 1951?

While Section 82 mentions them, a returned candidate is defined elsewhere in the Act as a candidate whose name has been published as being duly elected.

Test yourself

1.Under Section 82 of the Representation of the People Act, 1951, if a petitioner asks to be declared the winner, who must they name as respondents?

2.If a petitioner only seeks to have an election declared void under Section 84, who must be joined as respondents according to Section 82 of the Representation of the People Act, 1951?

3.Under Section 82 of the Representation of the People Act, 1951, what must a petitioner do if they accuse a candidate of a corrupt practice?

4.According to the combined rules of Section 82 and Section 84 of the Representation of the People Act, 1951, which group is larger?

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