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Representation of the People Act, 1950


9A. Power of Election Commission to determine the constituencies to be served for Schedule Tribes in certain States

(1) As soon as may be after the coming into force of the Representation of the People (Second Amendment) Act, 1987, the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of sub-section (1) of section 9 of the Delimitation Act, 1972, determine the assembly constituencies in the States of Meghalaya, Mizoram and Nagaland in which seats shall be reserved for the Schedule Tribes.

 

(2) The Election Commission shall,-

 

(a) publish its proposals under sub-section (1) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

 

(b) specify a date on or after which the proposals will be further considered by it;

 

(c) consider all objections and suggestions which may have been received by it   before the date so specified;

 

(d) hold, for the purpose of such considerations, it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

 

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the assembly constituency or constituencies in the State in which seats shall be reserved for the Schedule Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and Delimitation of Parliamentary and Assembly Constituencies Order, 1976, or, as the case may be, the Mizorum (Delimitation of Assembly Constituencies) Order, 1986 shall be deemed to have been amended accordingly.

 

(3) Every order made under sub-section (2) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.

 

Explanation- For the purposes of this section, "assembly constituency" means,-

 

(a) in relation to the State of Meghalaya and Nagaland, the assembly constituencies in those States as specified in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976; and

 

(b) in relation to the State of Mizorum, the assembly constituencies as specified in the Mizoram (Delimitation of Assembly Constituencies) Order, 1986.]

The State Legislative Councils



Representation of the People Act, 1950 Back




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