Election law | Chapter V: Costs and security for costs

Sections 117 and 118: Security for Costs in Election Petitions

Sections 117 and 118 of the Representation of the People Act, 1951 prescribe security for costs in election-petition proceedings before the High Court. Section 117 concerns the petitioner, while Section 118 concerns a person seeking to be joined as a respondent under Section 86(4).

What is security for costs?

Security for costs is money deposited or security furnished to meet potential costs ordered in legal proceedings. In an election petition, the statutory deposit helps secure costs that may become payable, but it is not itself a court fee or an automatic award of costs to the opposite party. The final treatment of costs is governed by the applicable provisions and orders of the court.

Section 117: Security for costs by petitioner

Section 117(1): Initial deposit

At the time of presenting an election petition, the petitioner shall deposit in the High Court, in accordance with the rules of the High Court, a sum of two thousand rupees (Rs. 2,000) as security for the costs of the petition.

Section 117(2): Further security

During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.

The initial deposit is a statutory requirement tied to presentation of the petition. The High Court's power to require additional security during trial is separate from the initial Rs. 2,000 deposit. Petitioners should comply with the applicable High Court rules governing the mode and documentation of deposit.

Section 118: Security for costs from a respondent

No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.

Section 86(4) deals with a candidate who was not already a respondent but seeks to be joined as one within the prescribed time after commencement of the trial, subject to that provision. Section 118 requires such a person to provide the security fixed by the High Court before being entitled to be joined. Unlike Section 117(1), Section 118 does not prescribe a fixed rupee amount.

Difference between Sections 117 and 118

Section 117(1): The election petitioner must deposit Rs. 2,000 at presentation, in accordance with the High Court's rules.
Section 117(2): The High Court may require the petitioner to furnish further security at any stage during trial.
Section 118: A person seeking joinder as a respondent under Section 86(4) must furnish the amount of security directed by the High Court.

Practical procedure and compliance

Before filing: Identify the High Court rules on the manner of depositing security and ensure that the required Rs. 2,000 is deposited when the election petition is presented.
During trial: Monitor any judicial direction requiring further security under Section 117(2), including the amount and time fixed by the court.
On an application for joinder: A prospective respondent proceeding under Section 86(4) should seek the High Court's direction on security and comply with it under Section 118.
On costs: Consult Section 119 (Costs) and the relevant orders of the court regarding costs payable after adjudication.

Important distinction: The Rs. 2,000 amount applies to the petitioner's initial deposit under Section 117(1). It should not be treated as a universal ceiling on further security or on the security required from a prospective respondent.

Section 81 deals with presentation of election petitions; Section 86 addresses trial by the High Court and, in sub-section (4), joinder of certain candidates as respondents; Section 119 deals with costs. These provisions should be read together with Sections 117 and 118 and the relevant High Court rules.

Official legal sources

For the Act, amendments and current procedural requirements, consult India Code, the Legislative Department, the Election Commission of India and the Supreme Court of India. Check the applicable High Court rules and judicial directions before filing or seeking joinder.