Section 97
Recrimination when seat claimed.
The Representation of the People Act, 1951
About this Act
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
(1) When in an election petition a declaration that any
candidate other than the returned candidate has been duly elected is claimed, the returned candidate or
any other party may give evidence to prove that the election of such candidate would have been void if he
had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2[commencement of the trial], given notice to 1[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2[commencement of the trial], given notice to 1[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.
Notes
1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
2. Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90" (w.e.f. 28-8-1956).
3. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).
2. Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90" (w.e.f. 28-8-1956).
3. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).