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Section 86 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 86. Trial of election petitions

1[Trial of election petitions. (1) The High Court shall dismiss all 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 all election petition under this sub-section shall he deemed to be an order made under clause (a) of section 98.

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

(3) Where more election petitions than one are presented lo 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 shift, upon application made by him to the High Court within fourteen days front 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 subsection and of section 97, the trial of a petition shall be deemed to commence on the date fixed for file respondents to appear before the High Court and answer the claim or claim 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 in 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 it) 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 lo 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 front the date on which the election petition is presented to the High Court for trial.

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

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The Representation of the People Act,1951

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