Bare Acts

The Representation of the People Act, 1951

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 Houses, the corrupt 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.

लोकप्रतिनिधित्वअधिनियम, 1951

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Act Details

Act Number:

Act Year:

1951

Location:

Enactment Date:

7/17/1951

Enforcement Date:

17-07-1951

Ministry:

Ministry of Law and Justice

Department:

Legislative Department

Full List of Sections

PRELIMINARY

Section 1 to Section 2

Section 1

Short title.

Section 2

Interpretation.

CHAPTER I.--Qualifications for Membership of Parliament

Section 3 to Section 4

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 to Section 6

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 to Section 11

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 to Section 11B

Section 11A

Disqualification arising out of conviction and corrupt practices.

Section 11B

Removal of disqualifications.

NOTIFICATION OF GENERAL ELECTIONS

Section 12 to Section 16

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 election to a State Legislative Council.

ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

Section 19 to Section 29

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 to Section 29C

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 to Section 39A

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 to Section 51

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 to Section 55A

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 to Section 63

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 to Section 67A

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 to Section 70

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 to Section 74

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 and of names of persons nominated thereto.

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 to Section 78

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 to Section 78B

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 to Section 85

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 to Section 107

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 to Section 116

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 to Section 116C

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 to Section 122

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 to Section 138

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 to Section 140A

Section 139

Omitted..

Section 140

Omitted.

Section 140A

Omitted..

CHAPTER II.--DISQUALIFICATIONS FOR VOTING

Section 141 to Section 144

Section 141

Section 142

Section 143

Section 144

CHAPTER III.--OTHER DISQUALIFICATIONS

Section 145

Omitted..

CHAPTER IV.--Powers of Election Commission in connection with inquiries as to disqualifications of Members

Section 146 to Section 146C

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 to Section 151A

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 to Section 168

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 to Section 171

Section 169

Power to make rules.

Section 170

Jurisdiction of civil courts barred.

Section 171

Repealed..