REPRESENTATION OF THE PEOPLE ACT, 1951
This Act may be called the Representation of the People Act, 1951.
(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 the Act;
(b) “appropriate authority” means, in relation to an election to the House of the People or the Council of States 1[***], the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;
2[(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
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A person shall not be qualified to be chosen as a representative of any State 2[***] or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 3[in India]].
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1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for section 3 (w.e.f. 1-11-1956).
2. The words “(other than the State of Jammu and Kashmir)” omitted by Act 47 of 1966, sec. 17 (w.e.f. 14-12-1966).
3. Subs. by Act 40 of 2003, sec. 2 (w.e.f. 28-8-2003).
Section 3 of the Representation of the People Act, 1951, lays down the qualifications and disqualifications for individuals contesting elections to the Parliament and State Legislatures. It is a fundamental provision ensuring that only eligible candidates participate in the electoral process, maintaining the integrity and fairness of elections.
Section 3 primarily specifies the qualifications required for a person to be eligible to contest elections, including age, citizenship, and other criteria. It also enumerates the disqualifications, such as conviction for certain offenses, holding office of profit, or being disqualified under any law made by Parliament.
Section 3 applies to all individuals intending to contest elections for the Parliament and State Legislatures. It ensures that disqualified persons, such as those convicted of certain offenses, are barred from contesting, thereby safeguarding the purity of the electoral process.
Violating the provisions of Section 3, such as contesting elections while disqualified, renders the candidature invalid, and the election can be declared void. Disqualification can also lead to criminal proceedings under relevant laws, including the Representation of the People Act, 1951.
Eligibility criteria - Section 3 prescribes the minimum age of 25 years for contesting Lok Sabha and State Assembly elections and mandates citizenship; ensures only qualified persons contest elections [Source: General understanding of Section 3].
Disqualification for conviction - Persons convicted of certain offenses and sentenced to imprisonment for not less than two years are disqualified from contesting elections; such disqualification is automatic upon conviction [Source: Section 8(3) of the Act].
Suspension of sentence - Suspension of conviction by an appellate court does not automatically remove disqualification; the disqualification persists unless the conviction is set aside by a higher court, as clarified in case law [Source: Section 8(3) and judicial interpretations].
Validity of nominations - Nomination papers filed by disqualified persons are invalid; if a candidate is disqualified at the time of nomination, their candidature can be rejected under the law [Source: Section 33 of the Act].
Role of criminal convictions - Convictions for offenses involving moral turpitude or serious offenses lead to disqualification, emphasizing the law’s aim to prevent criminal elements from holding public office [Source: Sections 8 and 9 of the Act].
Disqualification due to corrupt practices - Engaging in corrupt practices under Section 123 of the Act, such as bribery or undue influence, results in disqualification from contesting elections [Source: Section 123(3) & (4)].
Effect of acquittal or appeal - An appeal or stay of conviction does not necessarily lead to removal of disqualification unless the conviction is reversed or set aside by a higher court; mere suspension of sentence is insufficient [Source: Case law on Section 8(3)].
Disqualification for holding office of profit - Persons holding certain offices of profit are disqualified under law, ensuring that public officials do not misuse their position to influence elections [Source: Section 9 of the Act].
Disqualification for other reasons - Additional grounds such as being of unsound mind or holding an office of profit are also specified, reinforcing the eligibility criteria [Source: Section 4 of the Act].
Legal interpretation of "date" - The disqualification under Section 8(3) is triggered from the date of conviction, not the date of judgment or appeal, unless the conviction is stayed or set aside by a higher court [Source: Judicial precedents].
Constitutional backing - Section 3 and related provisions are rooted in constitutional principles ensuring free and fair elections, in consonance with Articles 84 and 102 of the Constitution [Source: Constitution of India].
Disqualification and election validity - If a candidate is disqualified at the time of nomination or during the election process, their candidature can be rejected, and the election may be declared void if such disqualification is proved [Source: Section 33 of the Act].
Disqualification due to office of profit - Persons holding certain offices of profit are disqualified, maintaining the independence of elected representatives [Source: Section 9].
Disqualification due to corrupt practices - Engaging in corrupt practices as defined under Section 123 leads to disqualification, reinforcing ethical standards in elections [Source: Section 123(3) & (4)].
Legal consequences of non-compliance - Contesting while disqualified can lead to criminal proceedings, disqualification, and the election being declared void under Sections 100 and 101 of the Act [Source: Sections 100, 101].
Judicial review and interpretation - Courts have the authority to interpret the provisions of Section 3 and related sections to uphold constitutional mandates and ensure fair electoral processes [Source: Supreme Court judgments].
Impact of suspension or stay of conviction - Suspension of conviction by an appellate court does not automatically remove disqualification unless the conviction is explicitly set aside; the law intends disqualification to be effective from the date of conviction unless legally stayed [Source: Case law and judicial pronouncements].
Role of the Election Commission - The Election Commission of India ensures compliance with disqualification provisions and can reject nominations if disqualification is evident from the record [Source: Election Commission guidelines].
Disqualification for criminal antecedents - Candidates with criminal antecedents, especially those involving moral turpitude, are disqualified under the law, promoting integrity in public life [Source: Sections 8 and 9].
Legal safeguards - Candidates are entitled to a fair opportunity to defend themselves, and courts scrutinize disqualification cases strictly to prevent arbitrary exclusions [Source: Judicial standards].
This concise commentary synthesizes the core legal principles, judicial interpretations, and procedural aspects of Section 3 of the Representation of the People Act, 1951, highlighting its significance in maintaining electoral integrity and constitutional compliance.
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 the 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 Tr
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:
2[(1)] 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 Nepali origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;
(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representati
(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 1[***] unless he is ordinarily resident in the State.
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1. The words “or the Rajpramukh, as the case may be,” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
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.
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20,
1[(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 religi
(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 has not expired, submit a petition to the President for the
(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.
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 part.
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20,
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.
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20, for Chapter III (w.e.f. 14-12-1966).
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.
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20, for Chapter III (w.e.f. 14-12-1966).
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.
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20, for Chapter III (w.e.f. 14-12-1966).
1. Ins. by Act 40 of 1975, sec. 3 (w.e.f. 6-8-1975).
1[(1)] If any person, after the commencement of this Act,—
2[***] is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, 3[***]
4[***]
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.
5[(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
The Election Commission may, for reasons to be recorded, remove 1[any disqualification under sub-section (1) of section 11A].
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* Chapter III (containing sections 7, 8, 8A, 9, 9A, 10, 10A and 11) and Chapter IV (containing sections 11A and 11B) subs. by Act 47 of 1966, sec. 20, for Chapter III (w.e.f. 14-12-1966).
1. Subs. by Act 40 of 1975, sec. 5, for “any disqualification under this Chapter” (w.e.f. 6-8-1975).
For the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President 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.
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* Part III (containing sections 12, 13,
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.]
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* Part III (containing sections 12, 13, 14, 15 and 16) subs. by Act 27 of 1956, sec. 7, for Part III (containing sections 12 to 18) (w.e.f. 28-8-1956).
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[Rep. by the Territorial Councils Act, 1956 (103 of 1956), sec. 66 (w.e.f. 1-1-1957).]
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* Part III (containing sections 12, 13, 14, 15 and 16) subs. by Act 27 of 1956, sec. 7, for Part III (containing sections 12 to 18) (w.e.f. 28-8-1956).
(1) A general election shall be held for the purpose of constituting 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 notifications 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.
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For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of 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 make thereunder, as are applicable to the election of the members of the Council of States.]
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* Part III (containing sections 12, 13, 14, 15 and 16) subs. by Act 27 of 1956, sec. 7, for Part III (containing sections 12 to 18) (w.e.f. 28-8-1956).
1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).
(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, 1[the Governor or Administrator, as the case may be], 2[***] 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 constituencies 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 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
For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh 2[under the Andhra Pradesh Legislative Council Act, 2005], 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.
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* Part III (containing sections 12, 13, 14, 15 and 16) subs. by Act 27 of 1956, sec. 7, for Part III (containing
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 1[***] 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.
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* Part III (containing sections 12, 13, 14
(See footnote of Part III)
(See footnote of Part III)
In this Part and in Part V, unless the context otherwise requires, “constituency” means 1[***] a Parliamentary constituency or an Assembly constituency or a Council constituency.
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1. The words “an electoral college constituency or” omitted by Act 103 of 1956, sec. 66 (w.e.f. 1-1-1957).
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.]
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1. Ins. by Act 47 of 1966, sec. 21 (w.e.f. 14-12-1966).
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.]
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1. Subs. by Act 27 of 1956, sec. 9, for section 20 (w.e.f. 28-8-1956).
(1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate 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.]
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1. Ins. by Act 47 of 1966, sec. 22 (w.e.f. 14-12-1966).
(1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or 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
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 2[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.]
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1. Subs. by Act 27 of 1956, sec. 9, for section 21 (w.e.f. 28-8-1956).
2. Subs. by Act 47 o
(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 1[an officer of Government or of a local authority].
(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 2[***] to the scrutiny of nominations 3[***] unless the returning officer is unavoidably prevented from performing the said function.
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1. Subs. b
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.
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.
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.]
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1. Subs. by Act 47 of 1966, sec. 25, for section 25 (w.e.f. 14-12-1966).
(1) The 1[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks 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 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 that 1[district election officer] from appointing the same pe
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.
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.
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.]
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1. Ins. by Act 1 of 1989, sec. 5 (w.e.f. 15-3-1989).
(1) The returning officer for an election 1[***] 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 election and shall notify the place so fixed in such manner as the Election Commission may direct.
(2) The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks 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.
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(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.
(2) Every such application shall be made,—
(a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;
(b) if the association or body is formed after such commencement, within thirty days next following the date of its formation.
(3) Every application under sub-section (1) shall be signed by the chief executive officer of the asso
Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company:
Provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).
Explanation.—For the purposes of this section and section 29C,—
(a) “company” means a company as defined in section 3;
(b) “Government company” means a company within the meaning of section 617; and
(c) “contribution” has the meaning assigned to it under section 293A, of
(1) The treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the following, namely:—
(a) the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year;
(b) the contribution in excess of twenty thousand rupees received by such political party from companies other than Government companies in that financial year.
(2) The report under sub-section (1) shall be in such form as may be prescribed.
(3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in thi
As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint—
(a) the last date for making nominations, which shall be the 2[seventh day] after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be 3[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidatures, which shall be 4[the second day] after the date for the scrutiny of nominations or, if th
On the issue of a notification under section 30, the returning officer 1[***] shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
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1. The words “for the constituency” omitted by Act 47 of 1966 sec. 28 (w.e.f. 14-12-1966).
Any person may be nominated as a candidate for election fill a seat 1[***] if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 2[***] 3[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be].
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1. The words “in any constituency” omitted by Act 27 of 1956, sec. 15 (w.e.f. 28-8-1956).
2. Certain words added by Act 27 of 1956, sec. 15 (w.e.f. 28-8-1956) and omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
3. Ins. by Act 20 of 1963, sec. 57 and Second Schedule.
(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:
2[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency:
Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday:
(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether—
(i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction;
(ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.
(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (
Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder.]
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1. Ins. by Act 72 of 2002, sec. 3 (w.r.e.f. 2-5-2002).
1[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,—
(a) in the case of an election from a Parliamentary constituency, a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees; and
(b) in the case of an election from an Assembly or Council constituency, a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of two thousand five hundred rupees:
Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]
&nbs
The returning officer shall, on receiving the nomination paper 1[under sub-section (1) or, as the case may be, sub-section (1A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of 2[the proposer].
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1. Subs. by Act 10 of 1976, sec. 2 and Sch., for “under sub-section (1) of section 33” (w.r
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1[***] of each candidate, and one other person duly authorised in writing by each candidate but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 2[reject] any nomination on any of the following grounds:—
3[(a) 4[that on t
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O’clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, 1[***] or election agent who has been authorised in this behalf in writing by such candidate.
2[***]
(2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.
3[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his
(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the said period.
2[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:—
(i) candidates of recognised political parties;
(ii) candidates of registered political parties other than those mentioned in clause (i);
(iii) other candidates.
&nb
(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint—
(a) the last date for making nominations, which shall be the 3[seventh day] after the date of publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be 4[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last dat
(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election.
(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election.
(3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political parties concerned.
A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.]
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1. Subs. by Act 27 of 1956, sec. 23, for section 40 (w.e.f. 28-8-1956).
Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]
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1. Subs. by Act 47 of 1966, sec. 31, for section 41 (w.e.f. 14-12-1966).
(1) Any revocation of the appointment of an election agent, 1[***] shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.
2[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate’s election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]
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1. The words “whether he be the candidate himself or not” omitted
[Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 25 (w.e.f. 28-8-1956).]
[Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 25 (w.e.f. 28-8-1956).]
An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.]
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1. Subs. by Act 27 of 1956, sec. 26, for section 45 (w.e.f. 28-8-1956).
A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.]
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1. Subs. by Act 27 of 1956, sec. 27, for section 46 (w.e.f. 28-8-1956).
A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]
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1. Subs. by Act 27 of 1956, sec. 28, for section 47 (w.e.f. 28-8-1956).
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.
(1) At every election where a poll is taken, each 1[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 of the poll.
(2) A 1[contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such 1[contesting candidate] if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such 1[contesting candidate] in doing any such act or thing.
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1. Subs. by Act 58 of 1958, sec. 20, for “candidate” (w.e.f. 13-12-1958).
Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
(1) If a candidate set up by a recognised political party,—
(a) dies at any time after 11.00 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 36; or
(b) whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies,
and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 38; or
(c) dies as a contesting candidate and a report of his death is received before the commencement of the poll,
the returning officer shall, upon being satisfied about the fact of the death of the can
1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]
(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall by notification in the Official Gazette call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3[***] as the case may be, to elect a person or persons to fill the remaining seat or seats 4[***]:
Provided
[Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), sec. 12 (w.e.f. 20-9-1961).]
For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 1[or under the Government of Union Territory Act, 1963 (20 of 1963), as the case may be.]
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1. Ins. by Act 20 of 1963, sec. 57 and the Second Schedule. Earlier the words “or under the Government of Part C States Act, 1951 (49 of 1951) as the case may be” were ins. by Act 27 of 1956, sec. 32 (w.e.f. 28-8-1956) and omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
[Rep. by the Representation of the People (Amendment) Act, 1958 (58 of 1958), sec. 22 (w.e.f. 30-12-1958).]]
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1. Ins. by Act 27 of 1956, sec. 33 (w.e.f. 28-8-1956).
The 1[Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed:
Provided that the total period allotted on any one day for polling at an election in 2[a Parliamentary or Assembly constituency] shall not be less than eight hours.
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1. Subs. by Act 27 of 1956, sec. 34, for “appropriate authority” (w.e.f. 28-8-1956).
2. Subs. by Act 58 of 1958, sec. 23, for “a constituency” (w.e.f. 30-12-1958).
(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the appropriate authority and the Election Commission and shall, as soon as may b
(1) If at any election,—
(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
2[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or]
(b) any such error or irregularly in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll,
the returning officer shall forthwith report the matter to the Election Commission.
&nbs
(1) If at any election,—
(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or
(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained,
the returning officer shall forthwith report the matter to the Election Commission.
(2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either,—
(a
At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed 1[and, save as expressly provided by this Act, no votes shall be received by proxy]:
2[Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.]
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1. Subs. by Act 24 of 2003, sec. 2, for “, and no votes shall be received by proxy” (w.e.f. 22-9-2003).
2. Ins. by Act 40 of 2003, sec. 3 (w.e.f. 28-8-2003).
Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling—
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950) (hereafter in this section referred to as the 1950 Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;
(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:—
(i) any person as is referred to in clause (c) or clause (d) of sub-section
With a view to preventing personation of electors provision may be made by rules made under this Act,—
(a) for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
(b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of the identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950), electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and
&
Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.
Explanation.—For the purposes of this section, “voting machine” means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]
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1. Ins. by Act 1
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for the constituency more than onc
[Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), sec. 14 (w.e.f. 20-9-1961).]
At every election where a poll is taken, votes shall be counted by or under the 1[supervision and direction] of, the returning officer, and each 2[contesting candidate], his election agent and his 3[counting agents], shall have a right to be present at the time of counting.
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1. Subs. by Act 27 of 1956, sec. 36, for “supervision” (w.e.f. 28-8-1956).
2. Subs. by Act 58 of 1958, sec. 26, for “candidate” (w.e.f. 30-12-1958).
3. Subs. by Act 27 of 1956, sec. 36, for “counting agent” (w.e.f. 28-8-1956).
(1) If at any time before the counting of votes is completed 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, the returning officer shall forthwith report the matter to the Election Commission.
(2) Thereupon, the Election Commission shall, after taking all material circumstances into account, either—
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so
If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
When the counting of the votes has been completed, the returning officer 1[shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules made thereunder.
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1. Subs. by Act 47 of 1996, sec. 35, for “shall forthwith declare” (w.e.f. 14-12-1966).
As soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates
For the purposes of this Act, the date on which candidate is declared by the returning officer under the provisions of section 53, 2[***], 3[***] or section 66, to be elected to a House of Parliament or of the Legislature of a State 4[***] shall be the date of election of that candidate.]
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1. Ins. by Act 27 of 1956, sec. 37 (w.e.f. 28-8-1956).
2. The words “section 54” omitted by Act 40 of 1961, sec. 15 (w.e.f. 20-9-1961).
3. The words “section 55A” omitted by Act 58 of 1958, sec. 27 (w.e.f. 30-12-1958).
4. The words “or to the electrol College of a Union territory” omitted by Act 103 of 1956, sec. 66 (w.e.f. 1-1-1957).
(1) Any person who is chosen a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.
(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant.
(3) Any intimation given under sub-section (1) shall be final and irrevocable.
2[(4) For the purposes of this section and of section 69, the date on which a person is chosen to
(1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 1[on the date on which he is so chosen], become vacant.
(2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, 2[on the date on which he is so chosen], become vacant.
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1. Subs. by Act 27 of 1956, sec. 39, for certain words (w.e.f. 28-8-1956).
2. The words “section 55A” omitted by Act 58 of 1958, sec. 27 (w.e.f. 30-12-1958).
If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats 1[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.
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1. Ins. by Act 27 of 1956, sec. 40 (w.e.f. 28-8-1956).
After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various 2[Union territories] at the said elections together with the names of any persons nominated by the President of the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.]
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1. Sections 71 to 74 subs. by Act 27 of 1956, sec. 41, for sections 71 to 75 (w.e.f. 28-8-1956).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 1-11-1956).
[Rep. by the Territorial Councils Act, 1956 (103 of 1956), sec. 66 (w.e.f. 1-1-1957).]]
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1. Sections 71 to 74 subs. by Act 27 of 1956, sec. 41, for sections 71 to 75 (w.e.f. 28-8-1956).
Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 2[the Election Commission] in the Official Gazette, as soon as may be after 3[the results of the elections in all the constituencies] [other than these in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 4[***] and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:
Provided that the issue of such notification shall not be deemed—
&n
Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a New House of the People upon dissolution of the Ninth House of the People,—
(a) the notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and
(b) the Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and no such date or dates as it may deem appropriate.]
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1. Subs. by Act 31 of 1991, sec. 2, for sections 73A and 73AA (w.r.e
After the elections held 2[in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members of the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor 3[***] under sub-clause (e) of clause (3) of article 171.]
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1. Sections 71 to 75 subs. by Act 27 of 1956, sec. 41, for sections 71 to 75 (w.e.f. 28-8-1956).
2. Ins. by Act 37 of 1957, sec. 13 (w.e.f. 18-9-1957).
3. The words “or Rajpramuk
(See foot-note of section 71)
(1) Every elected candidate for a House of Parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to—
(i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiary;
(ii) his liabilities to any public financial institution; and
(iii) his liabilities to the Central Government or the State Government,
to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
&nbs
This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.]
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1. Subs. by Act 27 of 1956, sec. 42, for section 76 (w.e.f. 28-8-1956).
(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between 2[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
3[4[Explanation 1.—For the removal of doubts, it is hereby declared that—
(a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section;
3[(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 2[district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.]
4[***]
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1. Subs. by Act 27 of 1956, sec. 42, for section 78 (w.e.f. 28-8-1956).
2. Subs. by Act 47 of 1966, sec. 36, for “returning officer” (w.e.f. 14-12-1966).
3. Section 78 renumbered as sub-section
(1) The Government shall, at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply, free of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material as may be prescribed.
(2) The material referred to in sub-section (1) shall be supplied,—
(i) subject to such conditions as may be imposed by the Central Government in consultation with the Election Commission with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77; and
(ii) through such officers as may be specified by the Election Commission who shall
(1) The Election Commission shall, at any time between the date of publication of the notification calling the election for the purposes of constituting the House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, supply or cause to be supplied, such items as the Central Government may, by order, determine in consultation with the Election Commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties.
(2) Where the Election Commission supplies the items to the candidates under sub-section (1), the Central Government may, in consultation with the Election Commission, impose conditions with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77.
Explanation.—For the purposes of
In this Part and in 1[Part VII] unless the context otherwise requires,—
2[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;]
3[(b) “candidate” means a person who has been or claims to have been duly nominated as a candidate at any election;]
(c) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(d) “electoral right” means the right of a person to stand or not to stand as, or 4[to withdraw
No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.]
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1. Ins. by Act 47 of 1966, section 38 (w.e.f. 14-12-1966).
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 1[sub-section (1)] of section 100 and section 101 to the 2[High Court] by any candidate at such election or any elector 3[within forty-five days from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and dates of their election are different, the later of those two dates].
Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.
4[***]
5[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 6[***]
A petitioner shall join as respondents to his petition—
(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.]
—————
1. Subs. by Act 27 of 1956, sec. 45, for section 82 (w.e.f. 28-8-1956).
(1) An election petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings:
2[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of su
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]
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1. Subs. by Act 27 of 1956, sec. 47, for section 84 (w.e.f. 28-8-1956).
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 40 (w.e.f. 14-12-1966).]
(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.
Explanation.—An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.
(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.
(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more gr
(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits:
Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.]
(See foot-note of section 87)
(See foot-note of section 87)
(See foot-note of section 87)
(See foot-note of section 87)
(See foot-note of section 87)
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
No witness or other person shall be required to state for whom he has voted at an election.
1[Provided that this section shall not apply to such witness, or other person where he has voted by open ballot.]
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1. Ins. by Act 40 of 2003, sec. 4 (w.e.f. 28-8-2003).
(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
Provided that—
(a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from 1[the High Court]; and
(b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.
The reasonable expenses incurred by any person in attending to give evidence may be allowed by 1[the High Court] to such person and shall, unless 1[the High Court] otherwise directs, be deemed to be part of the costs.
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1. Ins. by Act 40 of 2003, sec. 4 (w.e.f. 28-8-2003).
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 1[commencement of the trial], given notice to 2[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3[***] particulars required
At the conclusion of the trial of an election petition 1[the High Court] shall make an order—
(a) dismissing the election petition; or
(b) declaring the election of 2[all or any of the returned candidates] to be void; or
(c) declaring the election of 2[all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected. 3[***]
4[***]
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1. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-12-1966).
2. Subs. by Act 27 of 1956, sec. 53, for “the returned candidate” (w.e.
(1) At the time of making an order under section 98 1[the High Court] shall also make an order—
2[(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—
(i) finding whether any corrupt practice has or has not been proved to have been committed 3[***] at election, and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and]
(b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid:
Provided that 4[a person who is not
1[(1) Subject to the provisions of sub-section (2) if 2[the High Court] is of opinion—
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act 3[***] 4[or the Government of Union Territories Act, 1963 (20 of 1963)]; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected—
&
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1[the High Court] is of opinion—
(a) that in fact the petitioner or such other condidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt 2[***] practices the petitioner or such other candidate would have obtained a majority of the valid votes,
1[the High Court] shall, after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
&
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision 1[the High Court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
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1. Subs. by Act 47 of 1966, sec. 42, for
The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.]
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1. Subs. by Act 47 of 1966, sec. 43, for section 103 (w.e.f. 14-12-1966).
[Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 57 (w.e.f. 28-8-1956).]
[Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), sec. 58 (w.e.f. 28-8-1956).]
As soon as may be after the receipt of any order made by 1[the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 2[***] to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and 3[shall cause the order to be published—
(a) where the order relates to an election to a House of Parliament, in the Gazette of India as well as in the Official Gazette of the State concerned; and
(b) where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State.]
2[(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.]
(2) Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.]
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1. Subs. by Act 27 of 1956 sec. 60, for section 107 (w.e.f. 28-8-1956).
&n
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 45 (w.e.f. 14-12-1966).]
(1) An election petition may be withdrawn only by leave of the High Court.
(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.]
—————
1. Subs. by Act 47 of 1966, sec. 46, for section 109 (w.e.f. 14-12-1966).
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.
(3) If the application is granted—
(a) the petitioner shall be ordered to pay the costs of the respondents there tofore incurred or such portion thereof as the High Court may think fit;
(b) the High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly;
When an application for withdrawal is granted by 1[the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, 1[the High Court] shall report the fact to the Election Commission 2[and thereupon the Election Commission shall publish the report in the Official Gazette].
—————
1. Subs. by Act 47 of 1966, sec. 47, for “the Tribunal” (w.e.f. 14-12-1966).
2. Ins. by Act 27 of 1956, sec. 61 (w.e.f. 28-8-1956).
(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit.
(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.]
—————
1. Section 112 subs. by Act 47 of 1966, sec. 48, for sections 112 to 115 (w.e.f. 14-12-1966).
(See foot-note of section 112)
(See foot-note of section 112)
(See foot-note of section 112)
If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 1[the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 1[the High Court] may think fit.
—————
1. Subs. by Act 47 of 1966, sec. 49, for “the Tribunal” (w.e.f. 14-12-1966).
(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.
(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.]
—————
* Section 16A ins. by Act 27 of 1956, sec. 62 (w.e.f. 28-8-1956).
&nb
(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.
(2) Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.
(3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme Court, the order shall be deemed never
(1) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.
(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall s
(1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the Rules of the High Court a sum of two thousand rupees as security for the costs of the petition.
(2) During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.]
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1. Section 117 subs. by Act 47 of 1966, sec. 51, for sections 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966). Earlier sec. 119A was ins. by Act 27 of 1956, sec. 64 (w.e.f. 28-8-1956).
No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.]
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1. Section 118 subs. by Act 47 of 1966, sec. 51, for sections 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966). Earlier sec. 119A was ins. by Act 27 of 1956, sec. 64 (w.e.f. 28-8-1956).
Costs shall be in the discretion of the High Court:
Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.]
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1. Section 119 subs. by Act 47 of 1966, sec. 51, for sections 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966). Earlier sec. 119A was ins. by Act 27 of 1956, sec. 64 (w.e.f. 28-8-1956).
(See foot-note of section 117)
Section 120 of the Representation of the People Act, 1951, pertains to the penalties and offences related to corrupt practices, illegal payments, and undue influence during elections. It aims to uphold the integrity of the electoral process by prescribing punishments for violations that compromise free and fair elections.
Section 120 criminalizes acts such as bribery, undue influence, or any corrupt practice in connection with elections. It stipulates that any person who commits such offences shall be punishable under the Act, with specific provisions detailing the nature of offences and penalties.
The section covers a broad range of offences related to electoral malpractices, including bribery, intimidation, and illegal payments, whether directly or indirectly influencing voters or election officials. It applies to all elections conducted under the Act, including parliamentary and legislative assembly elections.
The penalties under Section 120 include imprisonment for a term which may extend to two years, or with fine, or with both. The section also empowers courts to disqualify persons found guilty from contesting elections for a specified period.
Note: The references are based on the provided sources, primarily [Haji Mohammad All Choudhary VS Abdul Aziz], which discusses election offences and penalties related to electoral malpractices under the Act.
(1) If in any order as to costs under the provisions of this part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the security deposit and the further security deposit, if any, made by such party under this part on an application made in writing in that behalf 1[within a period of one year, from the date of such order] to 2[the High Court] by the person in whose favour the costs have been awarded.
(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of 3[one year] the whole of the said security deposits may, on an application made in that behalf in
Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence of business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:
Provided that where any such costs or any apportion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section 1[within a period of one year from the date of such order] unless it is for recovery of the balance of any costs which has been left unreali
The following shall be deemed to be corrupt practices for the purposes of this Act:—
1[(1) “Bribery”, that is to say—
(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing—
(a) a person to stand or not to stand as, or 2[to withdraw or not to withdraw] from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to—
(i) a person for having so stood or not stood, or for 3[having withdrawn or not having withdrawn] hi
(See foot-note of Chapter I)
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]
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1. Ins. by Act 40 of 1961, sec. 24 (w.e.f. 20-9-1961).
A candidate who himself or through his proposer, with intent to be elected in an election,—
(i) fails to furnish information relating to sub-section (1) of section 33A; or
(ii) gives false information which he knows or has reason to believe to be false; or
(iii) conceals any information,
in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]
(1) No person shall—
(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or
(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto,
in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provi
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, 1[shall be punishable with imprisonment for a term which may extend to 2[six months or with fine which may extend to two thousand rupees], or with both]].
3[(1A) An offence punishable under sub-section (1) shall be cognizable.]
(2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing any offence
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster—
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,—
(i) where it is printed in the capital of the State, to the Chief Electoral
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.
1[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
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&n
(1) No person who is 1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour—
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 1[one hundred metres] of the polling station, namely:—
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) sha
(1) No person shall, on the date or dates on which a poll is taken at any polling station,—
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the con
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(4) An offe
If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.]
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1. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).
If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.]
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1. Subs. by 21 of 1996, sec. 12, for section 133 (w.e.f. 1-8-1996).
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
1[(1A) An offence punishable under sub-section (1) shall be cognizable.]
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the 2[***] 3[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with 4[***] the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the express
If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.]
—————
1. Ins. by Act 47 of 1966, sec. 59 (w.e.f. 14-12-1966).
(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revok
(1) Any person who at any election 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
2[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine].]
Explanation.—For the purposes of 4[this sub-section and section 20B], “booth capturing” includes, among other things, all or any of the following activities, namely:—
(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
&
(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
&nb
(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be pres
(1) A person shall be guilty of an electoral offence if at any election he—
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person 1[or receives any ballot paper from any person or is in possession of any ballot paper]; or
(e) fra
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 61 (w.e.f. 14-12-1966).]
[Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and the First Schedule (w.e.f. 17-9-1957).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
Section 139 of the Representation of the People Act, 1951, historically outlined the crimes that could lead to disqualification from voting or contesting elections. However, this section has since been omitted from the law, reflecting a shift in legislative approach towards electoral disqualifications [Source: "Section 139: Omitted"]. The Act primarily aims to regulate electoral processes, qualifications, and disqualifications for candidates and voters.
Previously, Section 139 listed specific offenses which, if committed, would disqualify a person from voting or standing for election. The section has been omitted from the current law, indicating that the disqualifications are now governed by other provisions or legal mechanisms [Source: "Section 139: Omitted"].
Since Section 139 is no longer in force, the essential ingredients related to disqualification for electoral offenses are now derived from other sections and laws, such as corrupt practices and electoral crimes detailed elsewhere in the Act and related statutes.
The scope of Section 139 was limited to listing electoral crimes that caused disqualification. Its removal suggests that disqualifications are now embedded within broader legal provisions, possibly making the law more flexible and comprehensive in addressing electoral offenses.
As the section has been omitted, there are no current punishments prescribed under Section 139. Punishments for electoral offenses are now specified under other sections, such as those dealing with corrupt practices, which prescribe imprisonment, fines, or both [Source: "Sec 128 of the Representation of the People Act, 1951"].
Note: The above commentary synthesizes available sources and reflects the current legal position, particularly the omission of Section 139.
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
[Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), sec. 62 (w.e.f. 14-12-1966).]
(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
&
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement—
(a) is made in reply to a question which he is required by the Commission to answer, or
(b) is relevant to the subject-matter of the inquiry.
—————
* Section 146A ins. by Act 17 of 1965, sec. 2 (w.e.f. 22-9-1965).
The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
—————
* Section 146B ins. by Act 17 of 1965, sec. 2 (w.e.f. 22-9-1965).
No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.
—————
* Section 146C ins. by Act 17 of 1965, sec. 2 (w.e.f. 22-9-1965).
1[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2[***], as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats
[Rep. by the Territorial Councils Act, 1956 (103 of 1956), sec. 66 (w.e.f. 1-1-1957).]
(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2) by a notification in the Gazette of India, call upon the Parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Cast
(1) When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Sched
When before the expiration of the term of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:
Provided that nothing contained in this section shall apply if—
(a) the remainder of the term of a member in relation to a vacancy is less than one year; or
(b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.]
—————
1. Ins. by Act 21 of 1996, sec. 17 (w.e.f. 1-8-1996).
(1) The returning officer for an election by the elected members of the Legislative Assembly of a State 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, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly.
(2) The returning officer for an election by the members of the electoral college for a 1[Union territory] 2[***] 3[***] to fill a seat or seats in the Council of States shall, for the purposes of such election, maintain in his office in the prescribed manner and form a list of members of the electoral college 4[***].
(3) Copies of the lists referred to in sub
It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.]
—————
1. Subs. by Act 27 of 1956, sec. 78, for section 153 (w.e.f. 28-8-1956).
1[(1) Subject to the provisions of sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.]
(2) 2[***] Upon the first constitution of the Council of States the President shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereunder.
3[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be after the commencement of the Constitution (Seventh Amendment) Ac
(1) The term of office of a member of the Council of States whose name is required to be notified in the Official Gazette under section 71 shall begin on the date of such notification.
(2) The term of office of a member of the Council of States whose name is not required to be notified under section 71 shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (a) of clause (1) of article 80 or under any other provision announcing the nomination of such person to the Council of States, as the case may be.
(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor1[***] shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seals of each class shall retire in every second year thereafter.
(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.
______________________
1. The words "or the Rajpramukh, as the case may be" omitted by the Adaptation of Laws (No.2) Order, 1956.
(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under 1[section 74] shall begin on the date of such notification.
(2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under 1[section 74] shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be.
—————
1. Subs. by Act 27 of 1956, sec. 79, for “section 75” (w.e.f. 28-8-1956).
(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been take
(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.
(2) The following shall be the authorities for the purposes of sub-section (1), namely:—
(i) every local authority;
(ii) every university established or incorporated by or under a Central, Provincial or State Act;
(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any other institution, concern or underta
(1) If it appears to the State Government that in connection with an election held within the State—
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election,
the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders
(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:—
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrat
The State Government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
(1) Any person authorized in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
(2) In this section the expressions “premises” and “vehicle” have the same meanings as in section 160.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 160 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowere
The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
If any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
[Rep. by the Rulers of Indian States (Abolition of Privileges) Act, 1972 (54 of 1972), sec. 4 (w.e.f. 9-9-1972).]
(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
2[(a) the form of affidavit under sub-section (2) of section 33A;]
3[(aa)] the duties of presiding officers and polling officers at polling stations;
4[(aaa) the form of contribution report;]
(b) the checking of voters by reference to the electoral roll;
4[(bb) the manner of allocation of equitable sharing of time
No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.
[Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and the First Schedule (w.e.f. 17-9-1957).]
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