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Legal Library
THE REPRESENTATION OF THE PEOPLE ACT, 1951
All Acts
THE REPRESENTATION OF THE PEOPLE ACT, 1951
ACT NO. 43 OF 1951 · Enacted [17th July, 1951.] · 205 sections
PRELIMINARY
Section 1.
Short title.
Section 2.
Interpretation.
CHAPTER I.—Qualifications for Membership of Parliament
Section 3.
Qualification for membership of the Council of States.
Section 4.
Qualifications for membership of the House of the People.
CHAPTER II.—Qualifications for Membership of State Legislatures
Section 5.
Qualifications for membership of a Legislative Assembly.
Section 5A.
Qualifications for membership of Legislative Assembly of Sikkim.
Section 6.
Qualifications for membership of a Legislative Council.
CHAPTER III.—Disqualifications for Membership of Parliament and State Legislatures
Section 7.
Definitions.
Section 8.
Disqualification on conviction for certain offences.
Section 8A.
Disqualification on ground of corrupt practices.
Section 9.
Disqualification for dismissal for corruption or disloyalty.
Section 9A.
Disqualification for Government contracts, etc.
Section 10.
Disqualification for office under Government company.
Section 10A.
Disqualification for failure to lodge account of election expenses.
Section 11.
Removal or reduction of period of disqualification.
CHAPTER IV.—Disqualifications for voting
Section 11A.
Disqualification arising out of conviction and corrupt practices.
Section 11B.
Removal of disqualifications.
NOTIFICATION OF GENERAL ELECTIONS
Section 12.
Notification for biennial election to the Council of States.
Section 12A.
Notification for election to fill the seat allotted to the State of Sikkim in the Council of States.
Section 13.
[Omitted.].
Section 14.
Notification for general election to the House of the People.
Section 14A.
Notification for electing the representative of the State of Sikkim to the existing House of the people.
Section 15.
Notification for general election to a State Legislative Assembly.
Section 15A.
Notification for certain elections to Legislative Councils.
Section 16.
Notification for biennial elections to a State Legislative Council.
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
Section 19.
Definition.
Section 19A.
Delegation of functions of Election Commission.
Section 20.
General duties of chief electoral officers.
Section 20A.
General duties of district election officer.
Section 20B.
Observers.
Section 21.
Returning officers.
Section 22.
Assistant returning officers.
Section 23.
Returning officer to include assistant returning officers performing the functions of the returning officer.
Section 24.
General duty of the returning officer.
Section 25.
Provision of polling stations for constituencies.
Section 26.
Appointment of presiding officers for polling stations.
Section 27.
General duty of the presiding officer.
Section 28.
Duties of a polling officer.
Section 28A.
Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission.
Section 29.
Special provisions in the case of certain elections.
REGISTRATION OF POLITICAL PARTIES
Section 29A.
Registration with the Election Commission of associations and bodies as political parties.
Section 29B.
Political parties entitled to accept contribution.
Section 29C.
Declaration of donation received by the political parties.
CHAPTER I.—Nomination of Candidates
Section 30.
Appointment of dates for nominations, etc.
Section 31.
Public notice of election.
Section 32.
Nomination of candidates for election.
Section 33.
Presentation of nomination paper and requirement for a valid nomination.
Section 33A.
Right to information.
Section 33B.
Candidate to furnish information only under the Act and the rules.
Section 34.
Deposits.
Section 35.
Notice of nominations and the time and place for their scrutiny.
Section 36.
Scrutiny of nominations.
Section 37.
Withdrawal of candidature.
Section 38.
Publication of list of contesting candidates.
Section 39.
Nomination of candidates at other elections.
Section 39A.
Allocation of equitable sharing of time.
CHAPTER II.—Candidates and their Agent
Section 40.
Election agents.
Section 41.
Disqualification for being an election agent.
Section 42.
Revocation of the appointment, or death, of an election agent.
Section 43.
[Omitted.].
Section 44.
[Omitted.].
Section 45.
Functions of election agents.
Section 46.
Appointment of polling agents.
Section 47.
Appointment of counting agents.
Section 48.
Revocation of the appointment or death of a polling agent or counting agent.
Section 49.
Functions of polling agents and counting agents.
Section 50.
Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.
Section 51.
Non-attendance of polling or counting agents.
CHAPTER III.—General Procedure at Elections
Section 52.
Death of candidate of recognised Political Party before Poll.
Section 53.
Procedure in contested and uncontested elections.
Section 54.
[Omitted.].
Section 55.
Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.
Section 55A.
[Omitted.].
CHAPTER IV.—The Poll
Section 56.
Fixing time for poll.
Section 57.
Adjournment of poll in emergencies.
Section 58.
Fresh poll in the case of destruction, etc., of ballot boxes.
Section 58A.
Adjournment of poll or countermanding of election on the ground of booth capturing.
Section 59.
Manner of voting at elections.
Section 60.
Special procedure for voting by certain classes of persons.
Section 61.
Special procedure for preventing personation of electors.
Section 61A.
Voting machines at elections.
Section 62.
Right to vote.
Section 63.
[Omitted.].
CHAPTER V.—Counting of Votes
Section 64.
Counting of votes.
Section 64A.
Destruction, loss, etc., of ballot papers at the time of counting.
Section 65.
Equality of votes.
Section 66.
Declaration of results.
Section 67.
Report of the result.
Section 67A.
Date of election of candidate.
CHAPTER VI.—Multiple Elections
Section 68.
Vacation of seats when elected to both Houses of Parliament.
Section 69.
Vacation of seats by persons already members of one House on election to other House of Parliament.
Section 70.
Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State.
CHAPTER VII.—Publication of Election Results and Nominations
Section 71.
Publication of results of elections to the Council of States and of names of persons nominated by the President.
Section 72.
[Omitted.].
Section 73.
Publication of results of general elections to the House of the People and the State Legislative Assemblies.
Section 73A.
Special provisions as to certain elections.
Section 74.
Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils.
CHAPTER VIIA.—Declaration of Assets and Liabilities
Section 75A.
Declaration of assets and liabilities.
CHAPTER VIII.—Election Expenses
Section 76.
Application of Chapter.
Section 77.
Account of election expenses and maximum thereof.
Section 78.
Lodging of account with the district election officer.
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES
Section 78A.
Free supply of copies of electoral rolls.
Section 78B.
Supply of certain items to candidates, etc.
CHAPTER I.—Interpretation
Section 79.
Definitions.
CHAPTER II.—Presentation of Election Petitions to Election Commission
Section 80.
Election petitions.
Section 80A.
High Court to try election petitions.
Section 81.
Presentation of petitions.
Section 82.
Parties to the petition.
Section 83.
Contents of petition.
Section 84.
Relief that may be claimed by the petitioner.
Section 85.
[Omitted.].
CHAPTER III.—Trial of Election Petitions
Section 86.
Trial of election petitions.
Section 87.
Procedure before the High Court.
Section 93.
Documentary evidence.
Section 94.
Secrecy of voting not to be infringed.
Section 95.
Answering of criminating questions and certificate of indemnity.
Section 96.
Expenses of witnesses.
Section 97.
Recrimination when seat claimed.
Section 98.
Decision of the High Court.
Section 99.
Other orders to be made by the High Court.
Section 100.
Grounds for declaring election to be void.
Section 101.
Grounds for which a candidate other than the returned candidate may be declared to have been elected.
Section 102.
Procedure in case of an equality of votes.
Section 103.
Communication of orders of the High Court.
Section 104.
[Omitted.].
Section 105.
[Omitted.].
Section 106.
Transmission of order to the appropriate authority, etc., and its publication.
Section 107.
Effect of orders of the High Court.
CHAPTER IV.—Withdrawal and Abatement of Election Petitions
Section 108.
[Omitted.].
Section 109.
Withdrawal of election petitions.
Section 110.
Procedure for withdrawal of election petitions.
Section 111.
Report of withdrawal by the High Court to the Election Commission.
Section 112.
Abatement of election petitions.
Section 116.
Abatement or substitution on death of respondent.
CHAPTER IVA.—Appeals
Section 116A.
Appeals to Supreme Court.
Section 116B.
Stay of operation of order of High Court.
Section 116C.
Procedure in appeal.
CHAPTER V.—Costs and Security for Costs
Section 117.
Security for costs.
Section 118.
Security for costs from a respondent.
Section 119.
Costs.
Section 121.
Payment of costs out of security deposits and return of such deposits.
Section 122.
Execution of orders as to costs.
CHAPTER I.—Corrupt Practices
Section 123.
Corrupt practices.
CHAPTER III.—Electoral Offences
Section 125.
Promoting enmity between classes in connection with election.
Section 125A.
Penalty for filing false affidavit, etc.
Section 126.
Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.
Section 126A.
Restriction on publication and dissemination of result of exit polls, etc.
Section 126B.
Offences by companies.
Section 127.
Disturbances at election meetings.
Section 127A.
Restrictions on the printing of pamphlets, posters, etc.
Section 128.
Maintenance of Secrecy of voting.
Section 129.
Officers, etc., at elections not to act for candidates or to influence voting.
Section 130.
Prohibition of canvassing in or near polling stations.
Section 131.
Penalty for disorderly conduct in or near polling stations.
Section 132.
Penalty for misconduct at the polling station.
Section 132A.
Penalty for failure to observe procedure for voting.
Section 133.
Penalty for illegal hiring or procuring of conveyance at elections.
Section 134.
Breaches of official duty in connection with elections.
Section 134A.
Penalty for Government servants for acting as election agent, polling agent or counting agent.
Section 134B.
Prohibition of going armed to or near a polling station.
Section 135.
Removal of ballot papers from polling station to be an offence.
Section 135A.
Offence of booth capturing.
Section 135B.
Grant of paid holiday to employees on the day of poll.
Section 135C.
Liquor not to be sold, given or distributed on polling day.
Section 136.
Other offences and penalties therefor.
Section 137.
[Omitted.].
Section 138.
[Repealed.].
CHAPTER I DISQUALIFICATIONS FOR MEMBERSHIP
Section 139.
[Omitted.].
Section 140.
[Omitted.].
Section 140A.
[Omitted.].
CHAPTER II DISQUALIFICATIONS FOR VOTING
Section 141.
[Omitted.].
Section 142.
[Omitted.].
Section 143.
[Omitted.].
Section 144.
[Omitted.].
CHAPTER III OTHER DISQUALIFICATIONS
Section 145.
[Omitted.].
CHAPTER IV.—Powers of Election Commission in connection with inquiries as to disqualifications of Members
Section 146.
Powers of Election Commission.
Section 146A.
Statements made by persons to the Election Commission.
Section 146B.
Procedure to be followed by the Election Commission.
Section 146C.
Protection of action taken in good faith.
BYE-ELECTIONS
Section 147.
Casual vacancies in the Council of States.
Section 148.
[Omitted.].
Section 149.
Casual vacancies in the House of the People.
Section 150.
Casual vacancies in the State Legislative Assemblies.
Section 151.
Casual vacancies in the State Legislative Councils.
Section 151A.
Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.
MISCELLANEOUS
Section 152.
List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned.
Section 153.
Extension of time for completion of election.
Section 154.
Term of office of members of the Council of States.
Section 155.
Commencement of the term of office of members of the Council of States.
Section 156.
Term of office of members of State Legislative Councils.
Section 157.
Commencement of the term of office of members of the Legislative Councils.
Section 158.
Return or forfeiture of candidate’s deposit.
Section 159.
Staff or certain authorities to be made available for election work.
Section 160.
Requisitioning of premises, vehicles, etc., for election purposes.
Section 161.
Payment of compensation.
Section 162.
Power to obtain information.
Section 163.
Powers of entry into and inspection of premises, etc.
Section 164.
Eviction from requisitioned premises.
Section 165.
Release of premises from requisition.
Section 166.
Delegation of functions of the State Government with regard to requisitioning.
Section 167.
Penalty for contravention of any order regarding requisitioning.
Section 168.
[Omitted.].
GENERAL
Section 169.
Power to make rules.
Section 170.
Jurisdiction of civil courts barred.
Section 171.
[Repealed.].