An election petition challenges a result that has already been declared and a member who is already seated. Proving the grounds for voiding such a result — corrupt practice, illegal practice, false declarations, or disqualification — requires access to evidence that may be held by government or private individuals or entities. Section 141 of the Elections Act 2017 arms the tribunal with the powers of a civil court to pursue it.

 What does the law say?

Section 141 of the Elections Act 2017 grants every Election Tribunal the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), and shall be deemed to be a civil court within the meaning of sections 476, 480 and 482 of the Code of Criminal Procedure, 1898.

 Why does this matter?

The Section 141 powers are the primary investigative toolkit in election petitions. A petitioner who alleges booth-capturing at specific polling stations can request the tribunal to summon Presiding Officers and Returning Officers as witnesses. One who alleges financial corruption can seek production of bank records. One who alleges use of government resources can ask the tribunal to inspect government vehicles, offices, or communications.

 Source: Elections Act 2017, Section 141.

This post is part of FAFEN’s series on electoral literacy. Read more of this series here.