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8[86. Trial of election petitions.-

(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation.-An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation.-For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial.

1. Sub-section (2) omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966).

2. Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961).

3. Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). 4. Subs. by Act 27 of 1956, s. 45, for section 82 (w.e.f. 28-8-1956).

5. Subs. by s. 46, ibid., for section 83 (w.e.f. 28-8-1956). 6. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961).

7. Subs. by Act 27 of 1956, s. 47, for section 84 (w.e.f. 28-8-1956).

8. Subs. by Act 47 of 1966, s. 41, for sections 86 to 92 (w.e.f. 14-12-1966).

Representation of the People Act, 1951 Back

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