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Report No. 255

Chapter II: Presentation of Election Petitions to Election Commission

80A. High Court to try election petitions.- (1) The Court having jurisdiction to try an election petition shall be the High Court.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court, designated as an election bench, and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:

Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

(3) Where the High Court functions in more than one State, or where the High Court has more than one bench, the election petition shall be filed before the Principal Seat of the relevant High Court.

Explanation.- The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at the bench or place other than the Principal Seat of the High Court The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.]

82. 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;

Provided that in cases where the petitioner makes an additional declaration that he himself or any candidate has been duly elected, no contesting candidates who have lost their security deposit shall be joined by the petitioner as respondents to his petition; and and

(b) Notwithstanding anything contained in sub-clause (a), any other candidate against whom allegations of any corrupt practice are made in the petition.



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