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Election petition must be presented by petitioner personally: SC

8 October 20261 min read
NATIONAL AFFAIRSElection petitionmust be presentedby petitionerpersonally: SC8 October 2026safalsetu.com

Why in the news

On 7 October 2026, the Supreme Court ruled that under the Representation of the People Act, 1951, an election petition has to be presented by the petitioner in person. A petition presented only by the petitioner’s counsel is liable to be dismissed.

Key facts

  • Case: V. Pon. Paneerselvam v. S. Regupathy & Others, decided by Justices Prashant Kumar Mishra (author) and Shree Chandrashekhar.
  • The petition challenged the 2026 election of DMK MLA S. Regupathy from Thirumayam, Tamil Nadu. It alleged undue influence through false declaration of the spouse’s assets and income in the Form 26 affidavit.
  • The Madras High Court had dismissed it because counsel, not the petitioner, presented it; the Supreme Court refused to interfere.
  • The Court called the Section 81 requirement mandatory and said such a defect cannot be cured later.
  • The earlier Sheo Sadan Singh (1969) ruling was distinguished, since there the petitioner was physically present with the advocate’s clerk.

Key provisions

ProvisionWhat it says
Section 81(1)Petition by a candidate or elector, presented by the petitioner, on statutory grounds, before the High Court, within 45 days
Section 86(1)High Court must dismiss a petition not complying with Section 81
1966 AmendmentRemoved presentation through an authorised person or registered post

About the RP Act, 1951

Under the Act, an election can be challenged through an election petition presented before the High Court. The Court explained that personal presentation allows the High Court to screen out frivolous or vexatious petitions at the start.

Exam angle

  • Election petitions are filed in the High Court within 45 days.
  • Remember Section 81 (presentation) and Section 86 (dismissal for non-compliance).
  • Election law procedure is applied strictly; defects under Section 81 are not curable.

Test yourself

1. Under which section of the RP Act, 1951 must a High Court dismiss an election petition not complying with Section 81?

Section 86(1) requires the High Court to dismiss a petition that does not comply with Section 81.

2. Within how many days must an election petition be filed under Section 81 of the RP Act, 1951?

Section 81(1) requires the petition to be filed within 45 days.

3. The October 2026 Supreme Court ruling on election petition presentation upheld a dismissal by which High Court?

The Supreme Court upheld the Madras High Court's dismissal of a petition against the Thirumayam DMK MLA.

Sources: LiveLaw