S.1 Short title

       This Act may be called the Presidential and Vice-Presidential Elections Act, 1952.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) “article” means an article of the Constitution;
       (b) “election” means a Presidential election or Vice-Presidential election;
       (c) “Election Commission” means the Election Commission appointed by the President under article 324;
       (d) “elector”, in relation to a Presidential election, means a member of the electoral college referred to in article 54, and in relation to a Vice-Presidential election, means 1[a member of the electoral college referred to in article 66];
       (e) “prescribed” means prescribed by rules made under this Act;
       (f) “Presidential election” means an election to fill the offic

S.3 Returning Officer and his assistants

       (1) For the purposes of each election the Election Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Returning Officers.
       (2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer.

S.4 Appointment of dates for nominations, etc

       1[The Election Commission shall, by notification in the Official Gazette, appoint for every election—
       (a) the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, 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 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 the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
 

S.5 Public notice of election

       On the issue of a notification under sub-section (1) of section 4, the returning officer for the election shall give public notice of the intended election in such form and in such 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. Subs. by Act 5 of 1974, sec. 4, for section 5 (w.e.f. 23-3-1974).
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S.5(e) Scrutiny of nominations

       (1) On the date fixed for the scrutiny of nominations under sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under sub-section (4) of section 5B.
       (2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of section 5B.
       (3) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any n

S.5(d) Notice of nominations and the time and place for their scrutiny

       On the presentation of a nomination paper, the returning officer shall—
       (a) sign thereon a certificate stating the date and time of presentation of the nomination paper and enter thereon its serial number;
       (b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations; and
       (c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a).]
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        1. Subs. by Act 5 of 1974, sec. 4, for section 5 (w.e.f. 23-3-1974).

S.5(c) Deposit

       (1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of 2[fifteen thousand rupees]:
       Provided that where a candidate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required of him under this sub-section.
       (2) The sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under sub-section (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.]
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S.5(b) Presentation of nomination papers and requirements for a valid nomination

       (1) On or before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, either in person or by any of his proposers or seconders, 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 public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and
       (a) in the case of Presidential election, also by at least 2[fifty electors] as proposers and at least 2[fifty electors] as seconders;
       (b) in the case of Vice-Presidential election, also by at least 3[twenty electors] as proposers and at least 3[twenty electors] as seconders:
       Provided that no nomination pap

S.5(a) Nomination of candidates

       Any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution.]
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        1. Subs. by Act 5 of 1974, sec. 4, for section 5 (w.e.f. 23-3-1974).

S.6 Withdrawal of candidature

       (1) Any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three o’clock in the after noon on the date fixed under clause (c) of sub-section (1) of section 4, to the Returning Officer either by such candidate in person or 1[by any one of his proposers or seconders] who has been authorised in this behalf in writing by such candidate.
       (2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.
       2[(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of 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 office.]
        
   

S.7 Death of candidate before poll

       If a candidate, whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election Commission, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:
       Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:
       Provided further that no person who has under sub-section (1) of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for

S.8 Procedure in contested and uncontested elections

       If after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 6—
       (a) there is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that sub-section, the Returning Officer shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, as the case may be;
       (b) the number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken;
 &n

S.9 Manner of voting at elections

       At every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

S.10 Counting of votes

       At every election where a poll is taken votes shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting.

S.11 Declaration of results

       When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.

S.12 Report of the result

       As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the name of the person elected to the office of President or Vice-President, as the case may be.

S.13 Definitions

       In this Part, unless the context otherwise requires,—
       (a) “candidate” means a person who has been or claims to have been duly nominated as a candidate at an election;
       (b) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;
       (c) “returned candidate” means a candidate whose name has been published under section 12 as duly elected.
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        * Section 13 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.14(a) Presentation of petition

       (1) An election petition calling in question an election may be presented on one or more of the grounds specified in sub-section (1) of section 18 and section 19, to the Supreme Court by any candidate at such election or—
       (i) in the case of Presidential election, by twenty or more electors joined together as petitioners;
       (ii) in the case of Vice-Presidential election, by ten or more electors joined together as petitioners.
       (2) Any such petition may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election under section 12, but not later than thirty days from the date of such publication.
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        * Section 1

S.14 Authority to try election petitions

       (1) No election shall be called in question except by presenting an election petition to the authority specified in sub-section (2).
       (2) The authority having jurisdiction to try an election petition shall be the Supreme Court.
       (3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under Article 145.
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        * Section 14 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.15 Form of petitions, etc., and procedure

       Subject to the provisions of this Part, rules made [whether before or after the commencement of the Presidential and Vice-Presidential Elections (Amendment) Act, 1977] by the Supreme Court under Article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs.
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        * Section 15 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.16 Relief that may be claimed by the petitioner

       A petitioner may claim either of the following declarations:—
       (a) that the election of the returned candidate is void;
       (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected.
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        * Section 16 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.17 Orders of the Supreme Court

       (1) At the conclusion of the trial of the election petition, the Supreme Court shall make an order—
       (a) dismissing the election petition; or
       (b) declaring the election of the returned candidate to be void; or
       (c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected.
       (2) At the time of making an order under sub-section (1), the Supreme Court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid.
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        * Section 17 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.18 Grounds for declaring the election of a returned candidate to be void

       (1) If the Supreme Court is of opinion,—
       (a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or
       (b) that the result of the election has been materially affected—
       (i) by the improper reception or refusal of a vote, or
       (ii) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or
       (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or
       (c) that

S.19 Grounds for which a candidate other than the returned candidate may be declared to have been elected.

       If any person who has lodged an election 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 the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme 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:
       Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved 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.
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    &n

S.20(a) Return or forfeiture of candidates’ deposit

       (1) The deposit made under section 5C shall either be returned to the person making it or his legal representative or be forfeited to the Central Government 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 referred to in clause (b) of section 8, 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 the election where the poll has been taken, the candidate is not elected, and the number

S.20 Transmission of orders to the Central Government and its publication

       The Supreme Court shall, after announcing the orders made under section 17, send a copy thereof to the Central Government, and on receipt of such copy the Central Government shall forthwith cause the order to be published in the Official Gazette.
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        * Section 20 subs. by Act 20 of 1977, sec. 2 (w.e.f. 5-7-1977).

S.21 Power to make rules

       (1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules 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:—
       (a) the maintenance of a list of members of the electoral college referred to in article 54 with their addresses corrected up to date for the purposes of Presidential elections;
       (b) the maintenance of a list of 1[members of the electoral college referred to in article 66] with their addresses corrected up to date for the purposes of Vice-Presidential elections;
       (c) the powers and duties of a Returning Officer and the perf

S.22 Maintenance of secrecy of voting

       (1) Every officer, clerk 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 authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
       (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.

S.23 Jurisdiction of civil courts barred

       Save as provided in Part III, 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.