Section 86: Section 86 – Trial of Election Petitions by the High Court

Overview

Section 86 of the Representation of the People Act, 1951 deals with the process by which High Courts handle and decide election petitions – legal challenges filed contesting the validity of an election. It focuses on the procedural requirements for these petitions and the High Court’s powers in relation to them, ensuring a swift and legally sound resolution of election disputes.

Key Provisions

• The High Court must dismiss an election petition if it doesn't comply with the requirements outlined in Sections 81 (regarding who can file a petition), 82 (regarding the grounds for filing a petition), or 117 (regarding the deposit required for filing).
• Section 86 mandates that High Courts conduct the trial of election petitions expeditiously, meaning without undue delay.
• High Courts are prohibited from allowing amendments to an election petition if those amendments are intended to correct defects related to the inclusion of mandatory parties (those legally required to be part of the petition).

Effect on Candidates and Voters

For candidates, Section 86 impacts their ability to retain a seat if a valid petition is filed. A failure to comply with procedural requirements can lead to dismissal of the petition, safeguarding their election. Conversely, non-compliance by the petitioner can result in the petition being dismissed, protecting the candidate’s mandate. For voters, it ensures that legitimate concerns about the election process are addressed through a fair and timely legal process. For political parties, the section influences the outcome of election disputes and potentially affects their representation in the legislature.

Practical Examples

• Example 1: Non-compliance with Section 81. A losing candidate files an election petition but fails to specify the constituency they are challenging the election in, as required by Section 81. The High Court, under Section 86, must dismiss the petition due to this fundamental defect.
• Example 2: Attempted Amendment to Add a Necessary Party. An election petition is filed omitting a respondent who is a legally necessary party. The petitioner attempts to amend the petition to include this respondent. The High Court, guided by Section 86, will likely reject the amendment, as it attempts to cure a defect relating to a mandatory party, and may proceed to dismiss the petition if the respondent remains absent.

Related Sections / Case Law

Section 86 is closely linked to Sections 81, 82, and 117 of the Representation of the People Act, 1951. It also interacts with provisions relating to evidence and procedure in civil cases, as High Courts apply these principles during the trial of election petitions. While specific case law is extensive, the principle of mandatory dismissal under Section 86 has been consistently upheld by the courts.