The 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 that 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 electo
1[3. Qualification for membership of the Council of States.] 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]].
A person shall not be qualified to
be chosen to fill a seat in the House of the People 1*** 2***, unless--
(a) in the case of a seal 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
Slate or of any other State (excluding the tribal areas of Assam), and is an elector for any
Parliamentary constituency;
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
1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding
Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat
in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly
constituted under the Constitution) unless--
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of
Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the
constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a p
(1) A person shall not be qualifled 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.
1[7. Definitions.-- 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 2[
under the
provisions of this Chapter, and on no other ground].
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
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty
of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period
of three months from the date 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 (Amen
(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 oppor
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.
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.
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.
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.
1[11A. Disqualification arising out of conviction and corrupt practices.-- 2[(1)] If any person, after
the commencement of this Act,--
3*** is convicted of an offence punishable under section 171E or section 171F of the Indian Penal
Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136
of this Act, 4***
5* * 1[11B. Removal of disqualifications.--The Election Commission may, for reasons to be recorded,
remove 2[any disqualification under sub-section (1) of section 11A].]
1[12. Notification for biennial election to the Council of States.--For the purpose of filling the seats
of members of the Council of States retiring on the expiration of their term of office the 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.]
1[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of
States.--For the purpose of filling for the first time the seat allotted to the State of Sikkim by the
Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a
notification published in the Gazette of India, on such date as may be recommended by Election
Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a
member in accordance with the provisions of this Act and of the rules and orders made thereunder and the
election so held shall for all purposes and intent be deemed to have been held under section 12.]
[1[Notification for reconstitution of electoral colleges of certain Union territories.] Omitted by the
Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).]
1[14. Notification for general election to the House of the People.--((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 duratio
1[2[14A. Notification for electing the representative of the State of Sikkim to the existing House of
the People.--For the purpose of electing a representative of the State of Sikkim to the House of the
People, specified in clause (e) 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.]
1[15. Notification for general election to a State Legislative Assembly.--(1) A general election shall
be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the
existing Assembly or on its dissolution.
(2) For the said purpose, 2[the Governor or Administrator, as the case may be ], 3*** shall by one or
more notifications published in the Official Gazette of the State on such date or dates as may be
recommended by the Election Commission, call upon all Assembly 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 wher
1[15A. Notification for certain elections to Legislative Councils.--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 (1 of 2006)], 3[and constituting the Legislative Council of the State of
Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] 4[and constituting the
Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014 (6 of
2014) 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 c
1[16. Notification for biennial election to a State Legislative Council.--For the purpose of filling the
seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the
Governor 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 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.]
In this Part and in Part V, unless the context otherwise requires, "constituency"
means 1*** Parliamentary constituency or an Assembly constituency or a Council constituency.
1[19A. Delegation of functions of Election Commission.--The functions of the Election
Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act
or under the rules made thereunder may, subject to such general or special directions, if any, as may be
given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner
or by the Secretary to the Election Commission.]
1[20. General duties of chief electoral officers.--Subject to the superintendence, direction and
control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of
all elections in the State under this Act.]
1[20A. General duties of district election officer.--(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.]
1[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer
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
unlaw
1[21. Returning officers.--For every constituency, for every election to fill a seat or seats in the
Council of States and for every election by the members of the Legislative Assembly of a State to fill a
seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with
the Government of the State, designate or nominate a returning officer who shall be 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].
(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 unavoi
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 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.
1[25. Provision of polling stations for constituencies.—The district election officer shall, with the
previous approval of the Election Commission, provide a sufficient number of polling stations for every
constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such
manner as the Election Commission may direct, a list showing the polling stations so provided and the
polling areas or groups of voters for which they have respectively been provided.]
(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:
1[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election
Commission.--The returning officer, assistant returning officer, presiding officer, polling officer and any
other officer appointed under this Part, and any police officer designated for the time being by the State
Government, for the conduct of any election shall be deemed to be on deputation to the Election
Commission for the period commencing on and from the date of the notification calling for such election
and ending with the date of declaration of the results of such election and accordingly, such officers shall,
during that period, be subject to the control, superintendence and discipline of the Election Commission.]
(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.
1[29A. Registration with the Election Commission of associations and bodies as political
parties.--(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;
1[29B. Political parties entitled to accept contribution.--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
(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 followings 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.
1[Provided that nothing contained in this sub-section
1[30. Appointment of dates for nominations, etc.--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 succeedi
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.
Any person may be nominated as a candidate for
election to 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.]
1[33. Presentation of nomination paper and requirements for a valid nomination.--(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 form a constituency unless the nomination paper is subscribed by ten proposers
being electors of the constituency:
1[33. Presentation of nomination paper and requirements for a valid nomination.--(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 s
1[[33B. Candidate to furnish information only under the Act and the rules.--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.]
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, 2[a sum of twenty-five thousand
rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve
thousand five hundred rupees]; and
(b) in the case of an election from an Assembly or Council constituency, 3[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:]
Provided that where a candidate has been nominate
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.]
(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:
(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*<
1[38. Publication of list of contesting candidates.--(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 validity 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;
<
1[39.Nomination of candidates at other elections.--(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
1[39A. Allocation of equitable sharing of time.(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.
1[40. Election agents.--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.]
1[41. Disqualification for being an election agent.--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.]
(1) Any revocation of the
appointment of an election agent, 1*** shall be signed by the candidate, and shall operate from the date on
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 candidates 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.]
[Effect of default in appointment of election agent under section 42.] Omitted by the
Representation of the People (Second Amendment) Act, 1956 (27 of1956), s 25 (w.e.f. 28-8-1956).
[Duty of the election agent to keep accounts.] Omitted by s. 25, ibid. (w.e.f. 28-8-1956).
1[45. Functions of election agents.--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.]
1[46. Appointment of polling agents.--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.]
1[47. Appointment of counting agents.--A contesting candidate or his election agent may appoint in
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.]
(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
(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 for 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.
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[52. Death of a candidate of a recognised political party before poll.--(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
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***:
<
[Special procedure at elections in constituencies where seats are reserved for
Scheduled Castes or Scheduled Tribes.] Omitted by the Representation of the People (Amendment)
Act, 1961 (40 of 1961), s. 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 Territories Act, 1963 (20 of 1963), as the case may be].
[Retirement from contest at elections in Parliamentary and Assembly constituencies] Omitted by the
Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958).
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.
(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 be,
wit
1[Fresh poll in the case of destruction, etc., of ballot boxes.(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 irregularity in procedure as is likely to vitiate the poll is
1[Adjournment of poll or countermanding of election on the ground of booth caputring.—(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
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.]
1[60. Special prodecure for voting by certain classes of persons.--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) (hereinafter 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
1[61. Special procedure for preventing personation of electors.--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 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 th
1[61A. Voting machines at elections.--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 purpose 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.]
(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 that co
[Method of voting.] Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 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.
1[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(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
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.
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.
1[67A. Date of election of candidate.—For the purposes of this Act, the date on which a 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.]
(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
(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, 1[on the date on which he is so chosen], become vacant.
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.
1[71. Publication of results of elections to the Council of States and of names of persons nominated by the President.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
the name of any persons nominated by the President to the Council of States under sub-clause (a) of
clause (1) of article 80 or under any other provisions.
[Publication of results of elections for the reconstitution of electoral colleges for certain Union
territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
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 1
[the Election Commission] in
the Official Gazette, as soon as may be after 2[the results of the elections in all the constituencies] [other
than those 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] 3
*** 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 b
1[73A. Special provision as to certain elections.--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 on such date or
dates as it may deem appropriate
After the elections held 1[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 or the Legislative Assembly of the State at the said
elections together with the names of any persons nominated by the Governor 2*** under sub-clause (e) of
of clause (3) of article 171.]
1[(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 beneficiaries;
(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
1[76. Application of Chapter.--This Chapter shall apply only to the elections to the House of the
People and to the Legislative Assembly of a State.]
(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 1[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
2[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
1[(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.
3**1[(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 recognsied 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
(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 t
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 st
No election shall be called in question except by an election petition
presented in accordance with the provisions of this Part.
1[80A. High Court to try election petitions.—(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.]
(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 the 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*
1[Parties to the petition.—A petitioner shall join as respondents to his petition—
(a) where the petitioner, in addition to claiming a 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[83. Contents of petition.—(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:
1[84. Relief that may be claimed by the petitioner.—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.]
[Procedure on receiving petition.] Omitted by Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966).
1[(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 th
(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 187
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.]
[(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 questi
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.
(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 2[commencement of the trial], given notice
to 1[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.
98. Decision of the High Court.1[the High Court].--(1) 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***
Other orders to be made by 1]the High Court].--(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 the 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 practic
1
[(1) Subject to the provisions of sub-section (2)
of
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
[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<
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 candidate 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,
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 the
1[103. Communication of orders of the High Court— 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].
[Difference of opinion among the members of the Tribunal.] Omitted by the Representation of
the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).
[Orders of the Tribunal to be final and conclusive]. [Omitted by s. 58, ibid. (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
(
1[107. Effect of orders of the High Court 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.]
[Withdrawal of petitions before appointment of Tribunal]. Omitted by the Representation of the
People (Amendment) Act, 1966 (47 of 1966), s. 45 (w.e.f. 14-12-1966).
1[109. Withdrawal of election petitions.--(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) 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 to incurred or
such portion thereof as the High Court may think fit;
(b) the High Court shall direct that the notice of withdr
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[112. Abatement of election petitions.—(1) An election petition shall abate only on the death or a
sole petitioner or of the survivor of several petition.
(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.]
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 , 2[116A. Appeals to Supreme Court—(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.
(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 Suprem
(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 thereaf
1[117. Security for costs.--(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.
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.
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].
(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
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 or
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 portion 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
1 , 2The following shall be deemed to be corrupt practices for the purposes of
this Act:--
3
[(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 4
[to withdraw or not to withdraw] from being a
candidate at an election, or
1[125. Promoting enmity between classes in connection with election.--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 he punishable with imprisonment for a term which may extend to three years, or with fine, or
with both.]
1[125A . Penalty for filing false affidavit, etc.—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) give 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[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed
for conclusion of poll.--
(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 b
1[@b126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person
shall conduct any exit poll and publish or publicise by means of the print or electronic media or
disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be
notified by the Election Commission in this regard.
(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the
date and time having due regard to the following, namely:—
(a) in case of a general election, the period may commence from the beginning of the hours fixed
for poll on the first day of poll and continue till half an hour after closing of the poll in all
(1) Where an offence under sub-section (2) of section 126A has
been committed by a company, every person who, at the time the offence was committed, was in charge
of, and was responsible to the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), wh
(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 w
1[127A. Restrictions on the printing of pamphlets, posters, etc,--(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, withi
(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 authorised 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
(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
(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
(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 pol
(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 authorised 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
1[132A. Penalty for failure to observe procedure for voting--If any elector to whom a ballot
paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to
him shall be liable for cancellation.]
1[133. Penalty for illegal hiring or procuring of conveyance at elections.--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.]
(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 offic
1[134A. Penalty for Government servants for acting as election agent, polling agent or counting
agent.--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[134B. Prohibition of going armed to or near a polling station.--(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 offience under this section, the a
(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 necessa
1[135A. Offence of booth capturing.--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
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 3[this sub-section and section 20B], booth capturing includes,
among other things, all or any of the following activities, namely:--
1[135B. Grant of paid holiday to employees on the day of poll.--(1) Every person employed in any
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
(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
(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 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
[Prosecution regarding certain offences.] Omitted by the Representation of the People
(Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2
and the First Schedule (w.e.f. 17-9-1957).
[Offences entailing disqualification.] Omitted by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Corrupt and illegal practices entailing disqualifications.] Omitted by s. 61, ibid.
(w.e.f. 14-12-1966).
Removal of reduction of period, or disqualifications. Omitted by s. 61, ibid.
(w.e.f. 14-12-1966).
[Disqualification arising out of conviction and corrupt practices]. Omitted by s. 61, ibid.
(w.e.f. 14-12-1966).
[Disqualification arising out of illegal practices.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of failure to lodge return of election expenses.] Omitted by s. 61,
ibid. (w.e.f. 14-12-1966).
[Removal of disqualifications.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification for being an election agent.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
1[(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
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.
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).
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].
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 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.
3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment)
Act, 1956, bye-elections shal
[Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the
Territorial Councils Act, 1956 (103 of 1956), s. 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 spec
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
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.
1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150
and 151.—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 Com
(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 that electoral co
1[153. Extension of time for completion of election.--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(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 thereafter.
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 o
(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 Governor 1*** 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 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 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[158. Return or forfeiture of candidate's deposit.--(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.
1[159. Staff of certain authorities to be made available for election work.--(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 u
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