REPRESENTATION OF THE PEOPLE ACT, 1951

REPRESENTATION OF THE PEOPLE ACT, 1951

S.1 Short title

S.2 Interpretation

S.3 Qualification for membership of the Council of States

S.4 Qualifications for membership of the House of the People

S.5 Qualifications for membership of a Legislative Assembly

S.5(a) Qualifications for membership of Legislative Assembly of Sikkim

S.6 Qualifications for membership of a Legislative Council

S.7 Definitions

S.8 Disqualification on conviction for certain offences

S.8(a) Disqualification on ground of corrupt practices

S.9 Disqualification for dismissal for corruption or disloyalty

S.9(a) Disqualification for Government contracts, etc.

S.10 Disqualification for office under Government company

S.10(a) Disqualification for failure to lodge account of election expenses

S.11 Removal or reduction of period of disqualification

S.11(a) Disqualification arising out of conviction and corrupt practices

S.11(b) Removal of disqualifications

S.12 Notification for biennial election to the Council of States

S.12(a) Notification for election to fill the seat allotted to the State of Sikkim in the Council of States

S.13 Notification for reconstitution of electoral colleges for certain Union territories

S.14 Notification for general election to the House of the People

S.14(a) Notification for electing the representative of the State of Sikkim to the existing House of the People

S.15 Notification for general election to a State Legislative Assembly

S.15(a) Notification for certain elections to Legislative Councils

S.16 Notification for biennial election to a State Legislative Council

S.17 .

S.18 .

S.19 Definition

S.19(a) Delegation of functions of Election Commission

S.20 General duties of chief electoral officers

S.20(a) General duties of district election officer

S.20(b) Observers

S.21 Returning Officers

S.22 Assistant returning officers

S.23 Returning officer to include assistant returning officers performing the functions of the returning officer

S.24 General duty of the returning officer

S.25 Provision of polling stations for constituencies

S.26 Appointment of presiding officers for polling stations

S.27 General duty of the presiding officer

S.28 Duties of a polling officer

S.28(a) Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission

S.29 Special provisions in the case of certain elections

S.29(a) Registration with the Election Commission of associations and bodies as political parties

S.29(b) Political parties entitled to accept contribution

S.29(c) Declaration of donation received by the political parties

S.30 Appointment of dates for nominations, etc.

S.31 Public notice of election

S.32 Nomination of candidates for election

S.33 Presentation of nomination paper and requirements for a valid nomination

S.33(a) Right to information

S.33(b) Candidate to furnish information only under the Act and the rules

S.34 Deposits

S.35 Notice of nominations and the time and place for their scrutiny

S.36 Scrutiny of nomination

S.37 Withdrawal of candidature

S.38 Publication of list of contesting candidates

S.39 Nomination of candidates at other elections

S.39(a) Allocation of equitable sharing of time

S.40 Election agents

S.41 Disqualification for being an election agent

S.42 Revocation of the appointment, or death, of an election agent

S.43 Effect of default in appointment of election agent under section 42

S.44 Duty of the election agent to keep accounts

S.45 Functions of election agents

S.46 Appointment of polling agents

S.47 Appointment of counting agents

S.48 Revocation of the appointment, or death, of a polling agent or counting agent

S.49 Functions of polling agents and counting agents

S.50 Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent

S.51 Non-attendance of polling or counting agents

S.52 Death of a candidate of a recognised political party before poll

S.53 Procedure in contested and uncontested elections

S.54 Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes

S.55 Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.

S.55(a) Retirement from contest at elections in Parliamentary and Assembly constituencies

S.56 Fixing time for poll

S.57 Adjournment of poll in emergencies

S.58 Fresh poll in the case of destruction, etc., of ballot boxes

S.58(a) Adjournment of poll or countermanding of election on the ground of booth capturing

S.59 Manner of voting at elections

S.60 Special procedure for voting by certain classes of persons

S.61 Special procedure for preventing personation of electors

S.61(a) Voting machines at elections

S.62 Right to vote

S.63 Method of voting

S.64 Counting of votes

S.64(a) Destruction, loss, etc., of ballot papers at the time of counting

S.65 Equality of votes

S.66 Declaration of results

S.67 Report of the result

S.67(a) Date of election of candidate

S.68 Vacation of seats when elected to both Houses of Parliament

S.69 Vacation of seats by persons already members of one House on election to other House of Parliament

S.70 Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State

S.71 Publication of results of elections to the Council of States and of names of persons nominated by the President

S.72 Publication of results of elections for the reconstitution of electoral colleges for certain Union territories

S.73 Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto

S.73(a) Special provisions as to certain elections

S.74 Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils

S.75 .

S.75(a) Declaration of assets and liabilities

S.76 Application of Chapter

S.77 Account of election expenses and maximum thereof

S.78 Lodging of account with the 2[district election officer

S.78(a) Free supply of copies of electoral rolls

S.78(b) Supply of certain items to candidates, etc

S.79 Definitions

S.80 Election petitions

S.80(a) High Court to try election petitions

S.81 Presentation of petitions

S.82 Parties to the petition

S.83 Contents of petition

S.84 Relief that may be claimed by the petitioner

S.85 Procedure on receiving petition

S.86 Trial of election petitions

S.87 Procedure before the High Court

S.88 .

S.89 .

S.90 .

S.91 .

S.92 .

S.93 Documentary evidence

S.94 Secrecy of voting not to be infringed

S.95 Answering of criminating questions and certificate of indemnity

S.96 Expenses of witnesses

S.97 Recrimination when seat claimed

S.98 Decision of 1[the High Court

S.99 Other orders to be made by 1[the High Court

S.100 Grounds for declaring election to be void

S.101 Grounds for which a candidate other than the returned candidate may be declared to have been elected

S.102 Procedure in case of an equality of votes

S.103 Communication of orders of the High Court

S.104 Difference of opinion among the members of the Tribunal

S.105 Orders of the Tribunal to be final and conclusive

S.106 Transmission of order to the appropriate authority, etc., and its publication

S.107 Effect of orders of the High Court

S.108 Withdrawal of petitions before appointment of Tribunal

S.109 Withdrawal of election petitions

S.110 Procedure for withdrawal of election petition

S.111 Report of withdrawal by 1[the High Court] to the Election Commission

S.112 Abatement of election petitions

S.113 .

S.114 .

S.115 .

S.116 Abatement or substitution on death of respondent

S.116(a) Appeals to Supreme Court

S.116(b) Stay of operation of order of High Court

S.116(c) Procedure in appeal

S.117 Security for costs

S.118 Security for costs from a respondent

S.119 Costs.

S.120 .

S.121 Payment of costs out of security deposits and return of such deposits

S.122 Execution of orders as to costs

S.123 Corrupt practices

S.124 .

S.125 Promoting enmity between classes in connection with election

S.125(a) Penalty for filing false affidavit, etc

S.126 Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll

S.127 Disturbances at election meetings

S.127(a) Restrictions on the printing of pamphlets, posters, etc

S.128 Maintenance of secrecy of voting

S.129 Officers, etc., at elections not to act for candidates or to influence voting

S.130 Prohibition of canvassing in or near polling stations

S.131 Penalty for disorderly conduct in or near polling stations

S.132 Penalty for misconduct at the polling station

S.132(a) Penalty for failure to observe procedure for voting

S.133 Penalty for illegal hiring or procuring of conveyance at elections

S.134 Breaches of official duty in connection with elections

S.134(a) Penalty for Government servants for acting as election agent, polling agent or counting agent

S.134(b) Prohibition of going armed to or near a polling station

S.135 Removal of ballot papers from polling station to be an offence

S.135(a) Offence of booth capturing

S.135(b) Grant of paid holiday to employees on the day of poll

S.135(c) Liquor not to be sold, given or distributed on polling day

S.136 Other offences and penalties therefor

S.137 Prosecution regarding certain offences

S.138 Amendment of Act 5 of 1898

S.139 Chapters I to III

S.140 Chapters I to III

S.141 Chapters I to III

S.142 Chapters I to III

S.143 Chapters I to III

S.144 Chapters I to III

S.145 Chapters I to III

S.146 Powers of Election Commission

S.146(a) Statements made by person to the Election Commission

S.146(b) Procedure to be followed by the Election Commission

S.146(c) Protection of action taken in good faith

S.147 Casual vacancies in the Council of States

S.148 Casual vacancies in the electoral colleges for certain Union territories

S.149 Casual vacancies in the House of the People

S.150 Casual vacancies in the State Legislative Assemblies

S.151 Casual vacancies in the State Legislative Councils

S.151(a) Time limit for filling vacancies referred to in sections 147, 149, 150 and 151

S.152 List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned

S.153 Extension of time for completion of election

S.154 Term of office of members of the Council of States

S.155 Commencement of the term of office of members of the Council of States

S.156 Term of office of members of State Legislative Councils

S.157 Commencement of the term of office of members of the Legislative Councils

S.158 Return of forfeiture of candidate’s deposit

S.159 Staff of certain authorities to be made available for election work

S.160 Requisitioning of premises, vehicles, etc., for election purposes

S.161 Payment of compensation

S.162 Power to obtain information

S.163 Powers of entry into and inspection of premises, etc

S.164 Eviction from requisitioned premises

S.165 Release of premises from requisition

S.166 Delegation of functions of the State Government with regard to requisitioning

S.167 Penalty for contravention of any order regarding requisitioning

S.168 Special provisions with respect to Rulers of former Indian States

S.169 Power to make rules

S.170 Jurisdiction of civil courts barred

S.171 Repeal of Act 39 of 1920

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