5. Presentation of petition.—(1) A petition calling in question any election may be presented on one
or more of the grounds specified in sub-section (1) of section 100 and section 101 of the Representation
of the People Act, 1951 (43 of 1951), to the Election Commission by any candidate at such election or
any elector within forty-five days from, but not earlier than, the date of election of the returned candidate,
or if there are more returned candidates than one at the election and the dates of their election are
different, the last of those dates:
Provided that a petition calling in question the election of a person who does not hold the office of
Prime Minister or, as the case may be, Speaker of the House of the People at the time of such election and
who is appointed or chosen to that office after such election but before the expiry of the time for
presenting such election petition, may be presented within forty-five days from the date on which such
person was appointed as the Prime Minister or chosen as the Speaker of the House of the People.
Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election
to which the petition relates, whether he has voted at such election or not.
(2) A petition shall be deemed to have been presented to the Election Commission when it is
delivered to the Election Commission or to such other officer as may be appointed by it in this behalf—
(a) by the person making the petition, or
(b) by a person authorised in writing in this behalf by the person making the petition.
(3) Every petition shall be accompanied by as many copies thereof as there are respondents
mentioned in the petition and one more copy for the use of the Election Commission, and every such copy
shall be attested by the petitioner under his own signature to be a true copy of the petition.
(4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in
such manner as may be prescribed a sum of two thousand rupees as security for costs.
(5) The Authority trying a petition may at any time during the course of the trial of the petition call
upon the petitioner to give such further security for costs as it may direct.
(6) No person shall be entitled to be joined as a respondent to a petition under sub-section (3) of
section 10 unless he has given such security for costs as the Authority may direct.
6. 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; and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
7. Contents of petition.—(1) A petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as
full a statement as possible of the names of the parties alleged to have committed such corrupt
practice and the date and place of the commission of each such practice; and
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(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil
Procedure, 1908 (5 of 1908), for the verification of pleadings:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied
by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the
particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the
same manner as the petition.
8. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a
declaration that the election of all or any of the returned candidates is void, claim a further declaration
that he himself or any other candidate has been duly elected.
9. Procedure on receiving petitions.—(1) The Election Commission shall, as soon as may be after
the receipt of a petition under section 5, forward it to the Authority for trying the petition.
(2) Where more petitions than one have been received under section 5 in respect of the same election,
the Election Commission shall forward them to the Authority and such Authority may, in its discretion,
try them separately or in one or more groups.