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Section 97: Recrimination when seat claimed.

The Representation of the People Act, 1951Central Act · Act 43 of 1951

(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:

Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of [commencement of the trial], given notice to [the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.

(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and *** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

Where this provision sits

ActThe Representation of the People Act, 1951
Section97
Marginal noteRecrimination when seat claimed.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 47 of 1966. . Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
  • substituted, Act 27 of 1956. . Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90" (w.e.f. 28-8-1956).
  • omitted. . The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).

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