Election petition must be presented by petitioner personally: SC
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
| Provision | What 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 Amendment | Removed 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.