Warning: Attempt to read property "slug" on null in /home/legalindia.com/public_html/wp-includes/taxonomy.php on line 4684

THE REPRESENTATION OF THE PEOPLE ACT, 1951

By
Legal India Admin
-
0
258

 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).]
 ---------------------------------------------------------------------
 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.  A

 person 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  context

 otherwise  requires,  "constituency"  means  5* *  *  a  Parliamentary
 constituency or an Assembly constituency or a Council constituency.
 ---------------------------------------------------------------------
 1 The words "or under the provisions of section 5 of the Government of
 Part C States Act, 1951 (49 of 1951), as  the  case may be" omitted by
 the 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  the
 Adaptation of Laws (No. 2) Order, 1956.
 5 Certain words omitted by Act 103 of 1956, s. 66.
 ---------------------------------------------------------------------
 52
 
 
 
      1[19A.Delegation   of  functions  of  Election  Commission.   The
 functions  of  the  Election Commission under  the  Constitution,  the
 Representation  of the People Act, 1950 (43 of 1950.) and this Act  or
 under  the  rules  made thereunder may, subject  to  such  general  or
 special directions, if any, as may be given by the Election Commission
 in this behalf, be performed also by a Deputy Election Commissioner or
 by the Secretary to the Election Commission.]
 
  
 20.
  
 General duties of chief electoral Officers.
  
 
      2[20.General duties of chief electoral Officers.  Subject to  the
 superintendence, direction and control of the Election Commission, the
 chief  electoral officer of each State shall supervise the conduct  of
 all elections in the State under this Act.
      3[20A.(1)General duties of district election officer.  Subject to
 the  superintendence,  direction and control of  the  chief  electoral
 officer, the district election officer shall coordinate and  supervise
 all  work  in the district or in the area within his  jurisdiction  in
 connection  with, the conduct of all elections to Parliament  and  the
 Legislature of the State.
      (2)  The district election officer shall also perform such  other
 functions as may be entrusted to him by the  Election  Commission  and
 the chief electoral officer.]
      6[20B.  (1) The Election Commission may nominate an Observer  who
 shall be an officer of Government to watch the conduct of elections in
 a 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  the
 power to direct the returning officer for the constituency or for  any
 of  the  constituencies  for  which he has been nominated, to stop the
 counting of votes at any time before the declaration of the result  or
 not  to  declare  the  result  if in the opinion of the Observer booth
 capturing has taken place at a large number of polling stations or  at
 places  fixed  for  the poll or counting of votes or any ballot papers
 used at a polling station or  at  a  place  fixed  for  the  poll  are
 unlawfully  taken  out  of the custody of the returning officer or are
 accidentally or intentionally destroyed or  lost  or  are  damaged  or
 tampered  with  to  such an extent that the result of the poll at that
 polling station or place cannot be ascertained.
      (3) Where  an Observer has directed the returning  officer  under
 this  section  to stop counting of votes or not to declare the result,
 the Observer  shall  forthwith  report  the  matter  to  the  Election
 Commission  shall,  after  taking   all  material  circumstances  into
 account, issue appropriate directions under section 58A or section 64A
 or section 66.
      Explanation.- For the purposes of sub-section (2) and sub-section
 (3),  "Observer"  shall  include  a  Regional Commissioner or any such
 officer of the Election Commission as  has  been assigned  under  this
 section the duty of watching the conduct of election or elections in a
 constituency 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  every
 election by the members of the Legislative Assembly of a State to fill
 a 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  officer
 of Government or of a local authority] :
      Provided that nothing in this section shall prevent the  Election
 Commission  from designating or nominating the same person to  be  the
 returning officer for more than one constituency.]
  
 22.
  
 Assistant returning officers.
  
 
      22.Assistant returning officers. (1) The Election Commission  may
 appoint  one  or more persons to assist any returning officer  in  the
 performance of his functions:
      Provided  that  every  such  person  shall  be  5[an  officer  of
 Government or of a local authority].
 
 ---------------------------------------------------------------------
 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).
 ---------------------------------------------------------------------
 
 53
 
      (2)Every  assistant  returning  officer  shall,  subject  to  the
 control  of the returning officer, be competent to perform all or  any
 of 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  the
 scrutiny  of  nominations  2*  * * unless  the  returning  officer  is
 unavoidably prevented from performing the said function.
  
 23.
  
 Returning  officer to include assistant returning officers  performingthe
 functions of the returning officer.
  
 
      23.Returning  officer  to include  assistant  returning  officers
 performing   the  functions of the returning officer.   References  in
 -this Act to the returning officer shall, unless the context otherwise
 requires,  be  deemed  to  include  an  assistant  returning   officer
 performing  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  general
 duty 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.   The
 district,  election officer shall, with the previous approval  of  the
 Election  Commission, provide a sufficient number of polling  stations
 for every constituency the whole or greater part of which lies  within
 his  jurisdiction, and shall publish, in such manner as  the  Election
 Commission  may  direct,  a  list showing   the  polling  stations  so
 provided and the polling areas or groups of voters for which they have
 respectively been provided.]  
 
      26.Appointment of presiding officers of polling stations. (1) The
 4[district election officer] shall appoint a presiding office for each
 polling  station  and  such polling officer or officers  as  he  think
 necessary,  but he shall not appoint any person who has been  employed
 by or on behalf of, or has been otherwise working for, a candidate  in
 or about the election
      Provided  that  if a polling officer is absent from  the  polling
 station, the  presiding  officer may appoint any person who is present
 at the polling
 ---------------------------------------------------------------------
 1  The words "to the acceptance of a nomination paper or"  omitted  by
 Act 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).
 ---------------------------------------------------------------------
 54
 
 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  the
 election,  to be the polling officer during the absence of the  former
 officer, 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 be
 the  presiding  officer  for more than one polling station in the same
 premises.]
      (2)  A  polling officer shall, if so directed  by  the  presiding
 officer,  perform all or any of the functions of a  presiding  officer
 under this Act or any rules or orders made thereunder.
      (3)  If  the  presiding  officer,  owing  to  illness  or   other
 unavoidable  cause,  is  obliged to absent himself  from  the  polling
 station,  his functions shall be performed by such polling officer  as
 has 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  person
 performing  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  25
 and  in this section shall, in relation to a constituency in  a  Union
 territory,  be construed as a reference to the returning  officer  for
 that constituency.
  
 
      27.  General  duty  of the presiding officer.  It  shall  be  the
 general  duty  of the presiding officer at a polling station  to  keep
 order thereat and to see that the poll is fairly taken.
  
 
      28.  Duties  of a polling officer. It shall be the  duty  of  the
 polling 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,  assistant
 returning  officer, presiding officer, polling officer, and any  other
 officer appointed under this Part, and. any police officer  designated
 for  the  time being by the State Government, for the conduct  of  any
 election  shall  be  deemed  to  be  on  deputation  to  the  Election
 Commission  for  the  period commencing on and from the  date  of  the
 notification  calling  for such election and ending with the  date  of
 declaration  of  the results of such election  and  accordingly,  such
 officers  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)  The
 returning officer for an election 4 * * * to fill a seat  or seats  in
 the  Council  of  States  or for an election by  the  members  of  the
 Legislative  Assembly  of  a  State to fill a seat  or  seats  in  the
 Legislative Council of the State shall, with the previous approval  of
 the Election Commission, fix the place at which the poll will be taken
 for 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
Share this: