the person whose election is questioned was not duly elected
the person whose election is questioned was disqualified at the time of the election
the election was invalidated by corrupt or illegal practices or on the grounds specified in Sections 164 and 165 of the Representation of the People Act 1983
Who is made a respondent?
The duly elected candidate whose election is questioned is likely to be made a respondent to the petition.5
As CARO, you may be a respondent to the petition if the petition relates to the conduct of the election, and if it relates to the conduct of the election in a particular constituent council area or areas, the local RO may also be a respondent.6
Deadlines for bringing petitions
A petition must be presented within 21 days after the day on which the election was held.7
Further time is allowed in certain circumstances.8
Any person who is considering presenting an election petition should be advised to take their own legal advice. For any questions relating to election petitions, including confirming the deadlines, you should contact the Election Petitions Office:
The Election Petitions Office
Room E113
Royal Courts of Justice
Strand
London
WC2A 2LL
1. Section 127, Representation of the People Act 1983 (RPA 1983) (as applied by paragraph 12(6), Schedule 5B, 2009 Act and article 7, 2017 Order)↩ Back to content at footnote 1