An Act to provide for the conduct of elections to the Houses of
Parliament and to the House or Houses of the Legislature of each
State, the qualifications and disqualifications for. membership of$
those *1Houses, the corrupt 2* * * practices and other offences at or
in connection with such elections and the decision of doubts and
disputes arising out of or in connection with such elections.
BE it enacted by Parliament as follows:-
PART-1
PRELIMINARY
1.Short title. This Act may be called the Representation of the
People Act, 1951
2.Interpretation. (1) In this Act, unless the context otherwise
requires,-
(a) each of the expressions defined in section 2 or sub-
section
(1)of section 27 of the Representation of the People
Act 1950, (43 of 1950.) but not defined in this Act,
shall have the same meaning as in that Act.;
(b) "appropriate authority" means, in relation to an
election to the House of the People or the Council of States
3* * * the Central Government, and in relation to an
election to the Legislative Assembly or the
Legislative Council of a State, the State Government;
4[(bb) "chief electoral officer" means the officer appointed
under section 13A of the Representation of the People
Act, 1950 (43 of 1950),]
(c) "corrupt practice" means any of the practices specified
in section 123 5* * *;
6[(cc) " district election officer" means the officer
designated or nominated under section 13AA of the
Representation of the People Act, 1950; (43 of 1950).]
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1 Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 3 and Sch I
(w.e.f. 1-7-65).
2 The words "and illegal" omitted by Act 27 of 1956, S. 2.
3 Certain words omitted by Act 103 of 1956, S. 66.
4 Ins. by Act 27 of 1956, s. 3.
5 The words and figures" or section 124 " omitted by s. 3. ibid.
6 Ins. by Act 47 of 1966 s, 15 (w.e.f. 14-12-1966)
(d) "election " means an election to fill a seat or seats in
either House of Parliament or in the House or either House of
the Legislature of a State other than the State of Jammu and
Kashmir
2[(e)"elector" in relation to a constituency means a person
whose name is entered in the electoral roll of that con-
stituency for the time being in force and who is not subject
to any of the disqualifications mentioned in section 16 of
the Representation of the People Act, 1950; (43 of 1950.)]
4[(f) "Political party" means an association or a body of
individual citizens of India registered with the Election
Commission as a political party under section 29A
(g) "prescribed" means prescribed by rules made under this
Act ;
4 [(h) " public holiday " means any day which is a public
holiday for the purposes of section 25 of the Negotiable
Instruments Act, 1881 (26 of 1881.)
6[(i) ",sign in relation to a person who is unable to
write his name means authenticate in such manner as may be
prescribed
(2) For the purposes of this Act, 9* * * a Parliamentary
constituency, an Assembly constituency, a Council constituency, a
local authorities$ constituency, a graduates$ constituency and a
teachers$ constituency shall each be treated as a constituency of a
different class.
1 The words "or in the electoral college of a Union territory" omitted
by Act 58 of 1958, s. 14.
2 Subs. by Act 27 of 1956, s. 3, for cl. (e).
3 Cls.(f) (h) and (i) omitted by s. 3, ibid.
4 Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).
5 Cl. (j) re-lettered as cl. (h) by Act 27 of 1956, s. 3, omitted by
the Adaptation of Laws (No. 2) Order, 1956.
6 Cls. (k) and (1) re-lettered as cls. (i) and (k) by Act 27 of 1956,
s. 3.
7 Cl. (j) ins. by s. 3, ibid., omitted by the Adaptation of Laws (No.
2) Order, 1956.
8 Cl. (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12,1966).
9 Certain words omitted by Act 103 of 1956, s. 66.
10 Ins. by Act 1 of 1989, s.3 (w.e.f.15-6-1989).
--------------------------------------------------------------------
(3) Any requirement under this Act that a notification, order,
rule, declaration, notice or list issued or made by any authority
shall be published in the Official Gazette, shall, unless otherwise
expressly provided in this Act, be construed as a requirement that the
notification, order, rule, declaration, notice or list shall-
(a) where it is issued or made by the Central
Government, be published in the Gazette of India;
(b) where it is issued or made by a State Government,
be published in the Official Gazette of the State; and
(c) where it is issued or made by any other authority,
be published in the Gazette of India if it relates to an
election to, or membership of, either House of
Parliament 1* * * and in the Official Gazette of the
State if it relates to an election to, or membership of,
the House or either House of the Legislature of a State
(4) Where, under any of the provisions of this Act, anything is
to be prescribed, different provisions may be made for different cases
or classes of cases
3[(5) Any reference in this Act to a law which is not in force in
the State of Jammu and Kashmir shall, in relation to that State, be
construed as a reference to the corresponding law, if any, in force in
that State.]
CHAPTER II
QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT
5[3.Qualification for membership of the Council of states. Aperson shall not be qualified to be chosen as a representative of any
State 6* * * or Union territory in the Council of States unless
---------------------------------------------------------------------
1 Certain words omitted by Act 103 of 1956, s. 66.
2 Sub-sections (5) and (7) omitted, and sub-section (6) re-numbered as
subsection (5) by Act 27 of 1956, s. 3.
3 Subs. by Act 47 of 1966, s. 15, for sub-section (5) (w.e.f. 14-12-
1966).
4 Subs. by s. 16, ibid., for the previous heading (w.e.f. 14-12-1966).
5 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for s. 3.
6 The words and brackets "(other than the State of Jammu and
Kashmir)". omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).
---------------------------------------------------------------------
he is an elector for a Parliamentary constituency in that State or
territory.]
4.Qualification for membership of the House of the people. A
person shall not be qualified to be chosen to fill a seat in the House
of the People 1* * * unless-
(a) in the case of a seat reserved for the Scheduled
Castes in any State, he is a member of any of the
Scheduled Castes, whether of that State or of any other
State, and is an elector for any Parliamentary
constituency;
(b) in the case of a seat reserved for the Scheduled
Tribes in any State (other than those in the autonomous
districts of Assam), he is a member of any of the
Scheduled Tribes, whether of that State or of any other
State (excluding the tribal areas of Assam), and is an
elector for any Parliamentary constituency;
(c) in the case of a seat reserved for the Scheduled
Tribes in the autonomous districts of Assam, he is a
member of any of those Scheduled tribes and is an
elector for the Parliamentary constituency in which such
seat is reserved or for any other Parliamentary
constituency comprising any such autonomous district;
2***
3[(cc) in the case of the seat reserved for the
Scheduled Tribes in the Union territory of the
4[Lakshadweep], he is a member of any of those Scheduled
Tribes and is an elector for the Parliamentary
constituency of that Union territory; 5 * *].
6[(CCC) in the case of the seat allotted to the State
of Sikkim, he is an elect-or for the Parliamentary
constituency for Sikkim;]
(d) in the case of any other seat, he is an elector
for any Parliamentary constituency.
---------------------------------------------------------------------
1 Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).
2 The word "and" omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-
1966).
3 Ins. by s. 18, ibid. (w.e.f. 14-12-1966).
4 Subs. by the Laccadive;, Minicoy and Amindivi Islands (Alteration of
Name) Adaptation of Laws Order, 1974, for "Laccadive, Minicoy and
Amindivi" (w.e.f. 1-11-1973).
5 The word "and" omitted by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-
1975).
6 Ins. by s. 2 and Sch., ibid. (w.ef. 9-9-1975).
CHAPTER II
QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES.
5.Qualifications for membership of a Legislative Assembly. A
person shall not be qualified to be chosen to fill a seat in the
Legislative Assembly of a State unless-
(a) in the case of a seat reserved for the Scheduled
Castes or for the Scheduled Tribes of that State, he is
a member of any of those castes or of those tribes, as
the case may be, and is an elector for any Assembly
constituency in that State ;
(b) in the case of a seat reserved for an autonomous
district of Assam, 1 *** he is a member of a 2
[Scheduled Tribe of any autonomous district] and is an
elector for the Assembly constituency in which such seat
or any other seat is reserved for that district ; and
(c) in the case of any other seat, he is an elector
for any Assembly constituency in that State:
3[Provided that for the period referred to in clause (2) of
article 371A, a person shall not be qualified to be chosen to fill any
seat allocated to the Tuensang district in the Legislative Assembly of
Nagaland unless he is a member of the regional council referred to in
that article.]
4[5A.5[(1)]Qualifications for membership of Legislative Assembly
of Sikkim. Notwithstanding anything contained in section 5, a person
shall not be qualified to be chosen to fill a seat in the Legislative
Assembly of Sikkim (deemed to be the Legislative Assembly of that
State duly constituted under the Constitution) unless-
(a) in the case of a seat reserved for Sikkimese of
Bhutia-Lepcha origin, he is a person either of Bhutia or
Lepcha origin and is an elector for any Assembly
constituency in the State other than the constituency
reserved for the Sanghas ;
(b) in the case of a seat reserved for Sikkimese of
Nepal origin he is a person of Nepali origin and is an
elector for an Assembly constituency in the State;
---------------------------------------------------------------------
1 Certain words omitted by the North-Eastern Areas (Reorganisation)
(Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).
2 Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that
district" (w.e.f.14-12-1966).
3 Ins. by Act 27 of 1962, s. 11.
4 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).
5 Renumbered by Act 8 of 1980, s..3 (w.e.f.1-9-1979).
---------------------------------------------------------------------
44
(c) in the case of a seat reserved for Scheduled
Castes, he is a member of any of the castes specified in
the Representation of Sikkim Subjects Act, 1974 and is
an elector for any Assembly constituency in the State;
and
(d) in the case of a seat reserved for Sanghas, he is
an elector of the Sangha constituency.]
1[(2) Notwithstanding anything contained in section 5, a person
shall not be qualified to be chosen to fill a seat in the Legislative
Assembly of the State of Sikkim, to be constituted at any time after
the commencement of the Representation of the People (Amendment) Act,
1980, (8 of 1980.) unless-
(a) in the case of a seat reserved for Sikkimese of
Bhutia-Lepcha origin, he is a person either of Bhutia or
Lepcha origin and is an elector for any assembly
constituency in the State other than the constituency
reserved for the Sanghas ;
(b) in the case of a seat reserved for the Scheduled
Castes, he is a member of any of those castes in the
State of Sikkim and is an elector for any assembly
constituency in the State:
(c) in the case of a seat reserved for Sanghas, he is
an elector of the Sangha constituency; and
(d) in the case of any other seat, he is an elector
for any assembly constituency in the State.
Explanation.-In this sub-section "Bhutia" includes Chumbipa, Dop-
thapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]
6.Qualification for membership of a Legislative Council. (1) A
person shall not be qualified to be chosen to fill a seat in the
Legislative Council of a State to be filled by election unless he is
an elector for any Assembly constituency in that State.
(2) A person shall not be qualified to be chosen to fill a seat
in the Legislative Council of a State to be filled by nomination by
the Governor 2* * * unless he is ordinarily resident in the State.
---------------------------------------------------------------------
1 Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
2 The words "or the Rojpramukh, as the case may be" omitted by the
Adaptation of Laws (No. 2) Order, 1956
[CHAPTER III
DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE
LEGISLATURES
7.Definition. In this Chapter,-
(a) "appropriate Government" means in relation to any
disqualification for being chosen as or for being a
member of either House of Parliament, the Central
Government, and in relation to any disqualification for
being chosen as or for being a member of the Legislative
Assembly or Legislative Council of a State, the State
Government;
(b) "disqualified" means disqualified for being chosen
as, and for being, a member of either House of
Parliament or of the Legislative Assembly or Legislative
Council of a State..
8. Disqualification on conviction for certain offences. 5[(1) A
person convicted of an offence punishable under--
(a) section 153A (offence of promoting enmity between
different groups on ground of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to
maintenance of harmony) or section 171E (offence of bribery)
or section 171F (offence of undue influence or personation at
an election) or sub-section (1) or sub-section (2) of section
376 or section 376A or section 376B or section 376C or
section 376D (offences relating to rape) or section 498A
(offence of cruelty towards a woman by husband or relative of
a husband) or sub-section (2) or sub-section (3) of section
505 (offence of making statement creating or promoting
enmity, hatred or ill-will between classes or offence
relating to such statement in any place of worship or in any
assembly engaged in the performance of religious worship or
religious ceremonies) of the Indian Penal Code; or
(b) the Protection of Civil Rights Act, 1955 which
provides for punishment for the preaching and practice
of "untouchability", and for the enforcement of any
disability arising therefrom ; or
(c) section 11 (offence of importing or exporting
prohibited goods) of the Customs Act, 1962 (52 of 1962);
or
(d) sections 10 to 12 (offence of being a member of an
association declared unlawful, offence relating to
dealing with funds of an unlawful association or offence
relating to contravention of an order made in respect of
a notified place) of the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967); or
(e) the Foreign Exchange (Regulation) Act, 1973
(76 of 1973); or
(f) the Narcotic Drugs and Psychotropic Substances Act,
1985 (61 of 1985); or
(g) section 3 (offence of committing terrorist acts) or
section 4 (offence of committing disruptive activities)
of the Terrorist and Disruptive Activities (Prevention )
Act, 1987 (28 of 1987); or
(h) section 7 (offence of contravention of the
provisions of sections 3 to 6) of the Religious
Institutions (Prevention of Misuse) Act, 1988
(41 of 1988); or
(i) section 125 (offence of promoting enmity between
classes in connection with the election) or section 135
(offence of removal of ballot papers from polling
stations) or section 135A (offence of booth capturing)
of clause (a) of sub-section (2) of section 136 (offence
of fraudulently defacing or fraudulently destroying any
nomination paper) of this Act; [or]
6["(j) section 6 (offence of conversion of a place of
worship) of the Places of Worship (Special Provisions)
Act, 1991,"] [or]7
7["(k) section 2 (offence of insulting the Indian
National Flag or the Constitution of India) or section 3
(offence of preventing singing of National Antham) of
the Prevention of Insults to National Honour Act, 1971
(69 of 1971);]
shall be disqualified for a period of six years from
the date of such conviction.
(2) A person convicted for the contravention of--
(a) any law providing for the prevention of hoarding or
profiteering; or
(b) any law relating to the adulteration of food or
drugs; or
(c) any provisions of the Dowry Prohibition Act, 1961
(28 of 1961); or
(d) any provisions of the Commission of Sati
(Prevention) Act. 1987 (3 of 1988),
and sentenced to imprisonment for not less than six months, shall be
disqualified from the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.
(3) A person convicted of any offence and sentenced to
imprisonment for not less than two years [other than any offence
referred to in sub-section (1) or sub-section (2)]shall be
disqualified form the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.]
(4) Notwithstanding anything in sub-section (1),sub-section(2),or
sub-section (3)] a disqualification under either sub-section shall
not, in the case of a person who on the date of the conviction is a
member of Parliament or the Legislature of a State, take effect until
three months have elapsed
---------------------------------------------------------------------
1 Subs. by Act 47 of 1966, s, 20. for Chapter II (w.e.f. 14-12-1966).
Previous ss. 10 and 11 were rep. by Act 103 of 1956, s. 66.
2 Subs. by Act 35 of 1969, s. 5. for certain words.
3 Ins. by Act 106 of 1976 , s.21 ,(w.e.f.19-11-1976).
4 Ins. by Act 3 of 1988,s.19 (w.e.f.21-3-1988).
5 Subs. & renumbered by Act 1 of 1989 s.4 (w.e.f.15-3-1989).
6 Ins. by Act 42 of 1991, s.8 (w.e.f.18-9-1991).
7 Added & Ins. by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996).
---------------------------------------------------------------------
46
from that date or, if within that period an appeal or application for
revision is brought in respect of the conviction or the sentence,
until that appeal or application is disposed of by the court.
Explanation.-In this section-,
(a) "law providing for the prevention of hoarding or
profiteering" means any law, or any order, rule or
notification having the force of law, providing for-
(i)the regulation of production or manufacture of any
essential commodity ;
(ii)the control of price at which any essential commo-
dity may be bought or sold ;
(iii)the regulation of acquisition, possession,
storage, transport, distribution, disposal, use or
consumption of any essential commodity;
(iv)the prohibition of the withholding from sale of any
essential commodity ordinarily kept for sale ;
(b) "drug" has the meaning assigned to it in the Durgs and
Cosmetics Act, 1940 (23 of 1940)
(c) "essential commodity" has the meaning assigned to it in
the Essential Commodity Act, 1955; (10 of 1955)
(d) "food" has the meaning assigned to it in the Prevention
of Food Adulteration Act, 1954.(37 of 1954)
1[8A. Disqualification on ground of corrupt practices. (1) The
case of every person found guilty of a corrupt practice by an order
under section 99 shall be submitted, as soon as may be after such
order takes effect, by such authority as the Central Government may
specify in this behalf, to the President for determination of the
question as to whether such person shall be disqualified and if so,
for what period:
Provided that the period for which any person may be disqualified
under this sub-section shall in no case exceed six years from the date
on which the order made in relation to him under section 99 takes
effect.
(2) Any person who stands disqualified under section 8A of this
Act as it stood immediately before the commencement of the Election
Laws (Amendment) Act, 1975, (40 of 1975) may, if the period of such
disqualification ha
not expired, submit a petition to the President for the removal of
such disqualification for the unexpired portion of the said period.
(3) Before giving his decision on any question mentioned in sub-
section (1) or on any petition submitted under sub-section (2), the
President shall obtain the opinion of the Election Commission on such
question or petition and shall act according to such opinion.]
9.Disqualification for dismissal for corruption or disloyalty. (1)
A person who having held an office under the Government of India or
under the Government of any State has been dismissed for corruption or
for disloyalty to the State shall be disqualified for a period of five
years from the date of such dismissal.
(2) For the purposes of sub-section (1), a certificate issued by
the Election Commission to the effect that a person having held office
under the Government of India or under the Government of a State, has
or has not been dismissed for corruption or for disloyalty to the
State shall be conclusive proof of that fact :
Provided that no certificate to the effect that a person has been
dismissed for corruption or for disloyalty to the State shall be
issued unless an opportunity of being- heard has been given to the
said person,
9A.Disqualification for Government contract, etc. A person shall
be disqualified if, and for so long as, there subsists a contract
entered into by him in the course of his trade or business with the
appropriate Government for the supply of goods to, or for the
execution of any works undertaken by, that Government.
Explanation.-For the purposes of this section, where a contract
has been fully performed by the person by whom it has been entered
into with the appropriate Government, the contract shall be deemed not
to subsist by reason only of the fact that the Government has not
performed its part of the contract either wholly or in partially.
10.Disqualification for office under Government company. A person
shall be disqualified if, and for so long as, he is a managing agent,
manager or secretary of any company or corporation (other than a co-
operative society) in the capital of which the appropriate Government
has not less than twenty-five per cent. share.
10A.Disqualification for failure to lodge account of election
expenses. If the Election Commission is satisfied that a person-
(a) has failed to lodge an account of election
expenses within the time and in the manner required by
or under this Act and (b) has no good reason or
justification for the failure,
the Election Commission shall, by order published in the Official
Gazette, declare him to be disqualified and any such person shall be
disqualified for a period of three years from the date of the order..
11.Removal or reduction of period of disqualification. The
Election Commission may, for reasons to be recorded, remove any
disqualification under this Chapter 1[(except under section 8A)] or
reduce the period of any such disqualification.
CHAPTER IV
DISQUALIFICATIONS FOR VOTING
11A.2[(1)] Disqualification arising out of conviction and corrupt
practices. If any person, after the commencement of this Act,-
3* * * is convicted of an offence punishable under section
171E or section 171F of the Indian Penal Code, or under
section 125 or section 135 or clause (a) of sub-section (2)
of section 136 of this Act, (45 of 1860.) 4* * *
5* * * * * *
he shall, for a period of six years from the date of the
conviction or from the date on which the order takes effect, be
disqualified for voting at any election.
6[(2) Any person disqualified by a decision of the President
under sub-section (1) of section 8A for any period shall be
disqualified for the same period for voting at any election.
(3) The decision of the President on a petition submitted by any
person under sub-section (2) of section 8A in respect of any
disqualification for being chosen as, and for being, a member of
either House of Parliament or of the Legislative Assembly or
Legislative Council of a
---------------------------------------------------------------------
1 Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975).
2 Section 11A re-numbered as sub-section (1) thereof by s. 4, ibid.
3 The brackets and letter "(a)" omitted by Act 38 of 1978, s. 3 and
Second Schedule.
4 The word "or" omitted by s. 3 and Second Schedule, ibid.
5 Omitted by Act 40 of 1975, s. 4.
6 Ins. by s. 4, ibid.State shall, so far as may be, apply in respect of the
disqualification for voting at any election incurred by him under
clause (b) of sub-section (1) of section 11A of this Act as it stood
immediately before the commencement of the Election Laws (Amendment)
Act, 1975, (40 of 1975.) as if such decision were a decision in
respect of the said disqualification for voting also.]
11B.Removal of Disqualifications. The Election Commission may,
for reasons to be recorded, remove 1[any disqualification under sub-
section (1) of section 11A].]
[PART III
NOTIFICATION OF GENERAL ELECTIONS
12.Notification for biennial election to the Council of States.
For the purpose of filling the seats of members of the Council of
States retiring on the expiration of their term of office the Presi-
dent shall, by one or more notifications published in the Gazette of
India on such date or dates as may be recommended by the Election
Commission, call upon the elected members of the Legislative Assembly
or, as the case may be, the members of the electoral college, of each
State concerned to elect members in accordance with the provisions of
this Act and of the rules and orders made thereunder :
Provided that no notification under this section shall be issued
more than three months prior to the date on which the term of office
of the retiring members is due to expire.
3[12A.Notification for election to fill the seat allotted to the
State of Sikkim in the Council States. For the purpose of, filling
for the first time the seat allotted to the State of Sikkim by the
Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of
States, the President shall, by a notification published in the
Gazette of India, on such date as may be recommended by Election
Commission, call upon the elected members of the Legislative Assembly
of the State of Sikkim to elect a member in accordance with the
provisions of this Act and of the rules and orders made thereunder and
the election so held shall for all purposes and intent be deemed to
have been held under section 12.]
---------------------------------------------------------------------
1 Subs. by Act 40 of 1975, s. 5.
2 Subs. by Act 27 of 1956. s. 7. for Part III (ss. 12 to 18).
3 Ins. by Act 10 of 1976, S. 2 and Sch. (w.e.f. 9-9-1975).
---------------------------------------------------------------------
13.[Notification for reconstitution of electoral colleges for
certain Union territories.] Rep. by the Territorial Councils Act,
1956 (103 of 1956), s. 66.
14.(1)Notification for general election to the House of the
People. A general election shall be held for the purpose of con-
stituting a new House of the People on the expiration of the duration
of the existing House or on its dissolution.
(2)For the said purpose the President shall, by one or more noti-
fications published in the Gazette of India on such date or dates as
may be recommended by the Election Commission, call upon all
parliamentary constituencies to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder :
Provided that where a general election is held otherwise than on
the dissolution of the existing House of the People, no such
notification shall be issued at any time earlier than six months prior
to the date on which the duration of that House would expire under the
provisions of clause (2) of article 83.
1[14A.Notification for eltecing the representative of the State
of Sikkim to the existing House of the People. For the purpose of
electing a representative of the State of Sikkim to the House of the
People, specified in clause (e) article 371F of the Constitution, the
Election Commission shall call upon the members of the Legislative
Assembly of the State of Sikkim to elect the representative in
accordance with such of the provisions of this Act, and the rules and
orders made thereunder, as are applicable to the election of the
members of the Council of States.].
15. Notification for general election to a State Legislative
Assembly. (1) A general election shall be held for the purpose of
constituting a new Legislative Assembly on the expiration of the
duration of the existing Assembly or on its dissolution.
(2)For the said purpose, 2[the Governor or Administrator, as the
case may be], 3* * * shall, by one or more notifications published in
the Official Gazette of the State on such date or dates as may be
recommended by the Election Commission, call upon all Assembly con-
stituencies in the State to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder :
Provided that where a general election is held otherwise than on
the dissolution of the existing Legislative Assembly, no such
notification
---------------------------------------------------------------------
1 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).
2 Subs. by Act 20 of 1963, s. 57 and Sch. II, for "the Governor".
3The words "Rajpramukh, Lieutenant-Governor or Chief Commissioner. as
the case may be," omitted by the Adaptation of Laws (No. 2) Order
1956.
---------------------------------------------------------------------
51
shall be issued at any time earlier than six months prior to the date
on which the duration of that Assembly would expire under the
provisions of clause (1), of article 172 1 * * * 2 [or under the
provisions of section 5 of the Government of Union Territories Act,
1963, (20 of 1963.)as the case may be.]
3[15A. Notification for certain elections to Legislative
Councils. For the purpose of constituting the Legislative Council of
the State of Madhya Pradesh under the States Reorganisation Act, 1956
(37 of 1956.) and constituting the Legislative Council of the State of
Andhra Pradesh under the Legislative Councils Act, 1957, (37 of
1957.)the Governor of each of the aforesaid States shall, by one or
more notifications published in the Official Gazette of the State on
such date or dates as may be recommended by the Election Commission,
call upon the members of the Legislative Assembly of the State and all
the Council constituencies to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder.]
16.Notification for biennial election to a State Legislative
Council. For the purpose of filling the seats of members of the
Legislative Council of a State retiring on the expiration of their
term of office, the Governor 4 * * * shall, by one or more
notifications published in the Official Gazette of the State on such
date or dates as may be recommended by the Election Commission, call
upon the members of the Legislative Assembly of the State and all the
Council constituencies concerned to elect members in accordance with
the provisions of this Act and of the rules and orders made thereunder
:
Provided that no notification under this section shall be issued
more than three months prior to the date on which the term of office
of the retiring members is due to expire.]
PART IV
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
19.Definition.In this Part and in Part V, unless the contextotherwise requires, "constituency" means 5* * * a Parliamentaryconstituency or an Assembly constituency or a Council constituency.---------------------------------------------------------------------
1 The words "or under the provisions of section 5 of the Government ofPart C States Act, 1951 (49 of 1951), as the case may be" omitted bythe Adaptation of Laws (No. 2) Order, 1956.2 ins. by Act 20 of 1963, s. 57 and Sch. II.3 Ins. by Act 37 of 1957. s. 13.
4 The words "or Rajpramukh, as the case may be," omitted by theAdaptation of Laws (No. 2) Order, 1956.5 Certain words omitted by Act 103 of 1956, s. 66.
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1[19A.Delegation of functions of Election Commission. Thefunctions of the Election Commission under the Constitution, theRepresentation of the People Act, 1950 (43 of 1950.) and this Act orunder the rules made thereunder may, subject to such general orspecial directions, if any, as may be given by the Election Commissionin this behalf, be performed also by a Deputy Election Commissioner orby the Secretary to the Election Commission.]
20.
General duties of chief electoral Officers.
2[20.General duties of chief electoral Officers. Subject to thesuperintendence, direction and control of the Election Commission, thechief electoral officer of each State shall supervise the conduct ofall elections in the State under this Act.3[20A.(1)General duties of district election officer. Subject tothe superintendence, direction and control of the chief electoralofficer, the district election officer shall coordinate and supervise
all work in the district or in the area within his jurisdiction inconnection with, the conduct of all elections to Parliament and theLegislature of the State.(2) The district election officer shall also perform such otherfunctions as may be entrusted to him by the Election Commission andthe chief electoral officer.]6[20B. (1) The Election Commission may nominate an Observer whoshall be an officer of Government to watch the conduct of elections ina constituency or a group of constituencies and to perform such other
functions as may be entrusted to him by the Election Commission.(2) The Observer nominated under sub-section (1) shall have thepower to direct the returning officer for the constituency or for any
of the constituencies for which he has been nominated, to stop thecounting of votes at any time before the declaration of the result or
not to declare the result if in the opinion of the Observer boothcapturing has taken place at a large number of polling stations or at
places fixed for the poll or counting of votes or any ballot papersused at a polling station or at a place fixed for the poll areunlawfully taken out of the custody of the returning officer or areaccidentally or intentionally destroyed or lost or are damaged ortampered with to such an extent that the result of the poll at thatpolling station or place cannot be ascertained.(3) Where an Observer has directed the returning officer underthis section to stop counting of votes or not to declare the result,the Observer shall forthwith report the matter to the ElectionCommission shall, after taking all material circumstances intoaccount, issue appropriate directions under section 58A or section 64Aor section 66.Explanation.- For the purposes of sub-section (2) and sub-section
(3), "Observer" shall include a Regional Commissioner or any suchofficer of the Election Commission as has been assigned under thissection the duty of watching the conduct of election or elections in aconstituency or group of constituencies by the Commission.]
21.
Returning officers.
21.Returning officers. For every constituency, for every election
to fill a seat or seats in the Council of States and for everyelection by the members of the Legislative Assembly of a State to filla seat or seats in the Legislative Council of the State, the Election
Commission shall, in consultation with the Government of the State,designate or nominate a returning officer who shall be 4 [an officerof Government or of a local authority] :Provided that nothing in this section shall prevent the ElectionCommission from designating or nominating the same person to be thereturning officer for more than one constituency.]
22.
Assistant returning officers.
22.Assistant returning officers. (1) The Election Commission mayappoint one or more persons to assist any returning officer in theperformance of his functions:Provided that every such person shall be 5[an officer ofGovernment or of a local authority].
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1 Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).2 Subs. by Act 27 of 1956, s. 9, for ss. 20 and 21.3 Ins. by Act 47 of 1966, S. 22 (w.e.f. 14-12-1966).
4 Subs. by s. 23, ibid., for " an officer of Government "(w.e.f.14-12-1966).5 Subs. by s. 24, ibid., for "an officer of Government".
6 Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996).
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53
(2)Every assistant returning officer shall, subject to thecontrol of the returning officer, be competent to perform all or anyof the functions of the returning officer :Provided that no assistant returning officer shall perform any of
the functions of the returning officer which relate 1* * * to thescrutiny of nominations 2* * * unless the returning officer isunavoidably prevented from performing the said function.
23.
Returning officer to include assistant returning officers performingthefunctions of the returning officer.
23.Returning officer to include assistant returning officersperforming the functions of the returning officer. References in-this Act to the returning officer shall, unless the context otherwiserequires, be deemed to include an assistant returning officerperforming any function which he is authorised to perform under sub-section (2) of section 22.
24.
General duty of returning officer.
24.General duty of returning officer. It shall be the generalduty of the returning officer at any election to do all such acts and
things as may be necessary for effectually conducting the election in
the manner provided by this Act and rules or orders made thereunder.
25.
Provision of polling stations for constituencies.
3[25.Provision of polling stations for constituencies. Thedistrict, election officer shall, with the previous approval of theElection Commission, provide a sufficient number of polling stationsfor every constituency the whole or greater part of which lies within
his jurisdiction, and shall publish, in such manner as the ElectionCommission may direct, a list showing the polling stations soprovided and the polling areas or groups of voters for which they haverespectively been provided.]
26.Appointment of presiding officers of polling stations. (1) The
4[district election officer] shall appoint a presiding office for eachpolling station and such polling officer or officers as he thinknecessary, but he shall not appoint any person who has been employedby or on behalf of, or has been otherwise working for, a candidate in
or about the electionProvided that if a polling officer is absent from the pollingstation, the presiding officer may appoint any person who is presentat the polling---------------------------------------------------------------------
1 The words "to the acceptance of a nomination paper or" omitted byAct 27 of 1956, s. 10.2 The words "or to the counting of votes" omitted by s. 10, ibid.
3 Subs. by Act 47 of 1966, s. 25, for s. 25 (w.e.f. 14-12-1966).
4 Subs. by s. 26, ibid., for "returning officer" (w.e.f. 14-12-1966).
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station other than a person who has been employed by or on behalf of,or has been otherwise working for, a candidate in or about theelection, to be the polling officer during the absence of the formerofficer, and inform the 1[district election officer] accordingly :2[Provided further that nothing in this sub-section shall prevent
the 1[district election officer] from appointing the same person to bethe presiding officer for more than one polling station in the samepremises.](2) A polling officer shall, if so directed by the presidingofficer, perform all or any of the functions of a presiding officerunder this Act or any rules or orders made thereunder.(3) If the presiding officer, owing to illness or otherunavoidable cause, is obliged to absent himself from the pollingstation, his functions shall be performed by such polling officer ashas been previously authorized by the 1[district election officer] to
perform such functions during any such absence.(4) References in this Act to the presiding officer shall, unless
the context otherwise requires, be deemed to include any personperforming any function which he is authorized to perform under sub-section (2) or sub-section (3), as the case may be.3[(5) Any reference to a district election officer in section 25and in this section shall, in relation to a constituency in a Unionterritory, be construed as a reference to the returning officer forthat constituency.
27. General duty of the presiding officer. It shall be thegeneral duty of the presiding officer at a polling station to keeporder thereat and to see that the poll is fairly taken.
28. Duties of a polling officer. It shall be the duty of thepolling officers at a polling station to assist the presiding officer
for such station in the performance of his functions.[28A. Returning officer, presiding officer, etc., deemed to be on
deputation to Election Commission. The returning officer, assistantreturning officer, presiding officer, polling officer, and any otherofficer appointed under this Part, and. any police officer designated
for the time being by the State Government, for the conduct of anyelection shall be deemed to be on deputation to the ElectionCommission for the period commencing on and from the date of thenotification calling for such election and ending with the date ofdeclaration of the results of such election and accordingly, suchofficers shall, during that period, be subject to the control,superintendence and discipline of the Election Commission.]
29. Special provisions in the case of certain elections. (1) Thereturning officer for an election 4 * * * to fill a seat or seats inthe Council of States or for an election by the members of theLegislative Assembly of a State to fill a seat or seats in theLegislative Council of the State shall, with the previous approval of
the Election Commission, fix the place at which the poll will be takenfor such----------------------------------------------------------------------
1. Subs. by Act 47 of 1966, s.26, for "returning officer" (w.e.f.
14-12-1966.)2. Ins. by Act 27 of 1956, s.12.
3. Ins. by Act 47 of 1966, s.26 (w.e.f. 14-12-1966.)
4. The words and brackets "(other than