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The Representation of the People Act, 1951

[Act No. 43 of 1951]

[17th July, 1951.]

Title The Representation of the People Act, 1951
Sections: Particulars:
Part I Preliminary
1. Short title
2. Interpretation
Part II Qualifications and Disqualifications
Chapter I Qualifications for Membership of Parliament
3. Qualification for membership of the Council of States
4. Qualifications for membership of the House of the People
Chapter II Qualifications for Membership of State Legislatures
5. Qualifications for membership of a Legislative Assembly
5A. Qualifications for membership of Legislative Assembly of Sikkim
6. Qualifications for membership of a Legislative Council
Chapter III Disqualifications for Membership of Parliament and State Legislatures
7. Definitions
8. Disqualification on conviction for certain offences
8A. Disqualification on ground of corrupt practices
9. Disqualification for dismissal for corruption or disloyalty
9A. Disqualification for Government contracts, etc
10. Disqualification for office under Government company
10A. Disqualification for failure to lodge account of election expenses
11. Removal or reduction of period of disqualification
Chapter IV Disqualifications for voting
11A. Disqualification arising out of conviction and corrupt practices
11B. Removal of disqualifications
Part III Notification of General Elections
12. Notification for biennial election to the Council of States
12A. for election to fill the seat allotted to the State of Sikkim in the Council of States
13. [Omitted.]
14. Notification for general election to the House of the People
14A. Notification for electing the representative of the State of Sikkim to the existing House of the people
15. Notification for general election to a State Legislative Assembly
15A. Notification for certain elections to Legislative Councils
16. Notification for biennial elections to a State Legislative Council
Part IV Administrative Machinery for the Conduct of Elections
19. Definition
19A. Delegation of functions of Election Commission
20. General duties of chief electoral officers
20A. General duties of district election officer
20B. Observers
21. Returning officers
22. Assistant returning officers
23. Returning officer to include assistant returning officers performing the functions of the returning officer
24. General duty of the returning officer
25. Provision of polling stations for constituencies
26. Appointment of presiding officers for polling stations
27. General duty of the presiding officer
28. Duties of a polling officer
28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission
29. Special provisions in the case of certain elections
Part IV A Registration of Political Parties
29A. Registration with the Election Commission of associations and bodies as political parties
29B. Political parties entitled to accept contribution
29C. Declaration of donation received by the political parties
Part V Conduct of Elections
Chapter I Nomination of Candidates
30. Appointment of dates for nominations, etc
31. Public notice of election
32. Nomination of candidates for election
33. Presentation of nomination paper and requirement for a valid nomination
33A. Right to information
33B. Candidate to furnish information only under the Act and the rules
34. Deposits
35. Notice of nominations and the time and place for their scrutiny
36. Scrutiny of nominations
37. Withdrawal of candidature
38. Publication of list of contesting candidates
39. Nomination of candidates at other elections
39A. Allocation of equitable sharing of time
Chapter II Candidates and their Agent
40. Election agents
41. Disqualification for being an election agent
42. Revocation of the appointment, or death, of an election agent
43. [Omitted.]
44. [Omitted.]
45. Functions of election agents
46. Appointment of polling agents
47. Appointment of counting agents
48. Revocation of the appointment or death of a polling agent or counting agent
49. Functions of polling agents and counting agents
50. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
51. Non-attendance of polling or counting agents
Chapter III General Procedure at Elections
52. Death of candidate of recognised Political Party before Poll
53. Procedure in contested and uncontested elections
54. [Omitted.]
55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
55A. [Omitted.]
Chapter IV The Poll
56. Fixing time for poll
57. Adjournment of poll in emergencies
58. Fresh poll in the case of destruction, etc., of ballot boxes
58A. Adjournment of poll or countermanding of election on the ground of booth capturing
59. Manner of voting at elections
60. Special procedure for voting by certain classes of persons
61. Special procedure for preventing personation of electors
61A. Voting machines at elections
62. Right to vote
63. [Omitted.]
Chapter V Counting of Votes
64. Counting of votes
64A. Destruction, loss, etc., of ballot papers at the time of counting
65. Equality of votes
66. Declaration of results
67. Report of the result
67A. Date of election of candidate
Chapter VI Multiple Elections
68. Vacation of seats when elected to both Houses of Parliament
69. Vacation of seats by persons already members of one House on election to other House of Parliament
70. Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
Chapter VII Publication of Election Results and Nominations
71. Publication of results of elections to the Council of States and of names of persons nominated by the President
72. [Omitted.]
73. Publication of results of general elections to the House of the People and the State Legislative Assemblies
73A. Special provisions as to certain elections
74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
Chapter VII A Declaration of Assets and Liabilities
75A. Declaration of assets and liabilities
Chapter VIII Election Expenses
76. Application of Chapter
77. Account of election expenses and maximum thereof
78. Lodging of account with the district election officer
Part V A Free Supply of Certain Material to Candidates of Recognised Political Parties
78A. Free supply of copies of electoral rolls
78B. Supply of certain items to candidates, etc
Part VI Disputes Regarding Elections
Chapter I Interpretation
79. Definitions
Chapter II Presentation of Election Petitions to Election Commission
80. Election petitions
80A. High Court to try election petitions
81. Presentation of petitions
82. Parties to the petition
83. Contents of petition
84. Relief that may be claimed by the petitioner
85. [Omitted.]
Chapter III Trial of Election Petitions
86. Trial of election petitions
87. Procedure before the High Court
93. Documentary evidence
94. Secrecy of voting not to be infringed
95. Answering of criminating questions and certificate of indemnity
96. Expenses of witnesses
97. Recrimination when seat claimed
98. Decision of the High Court
99. Other orders to be made by the High Court
100. Grounds for declaring election to be void
101. Grounds for which a candidate other than the returned candidate may be declared to have been elected
102. Procedure in case of an equality of votes
103. Communication of orders of the High Court
104. [Omitted.]
105. [Omitted.]
106. Transmission of order to the appropriate authority, etc., and its publication
107. Effect of orders of the High Court
Chapter IV Withdrawal and Abatement of Election Petitionss
108. [Omitted.]s
109. Withdrawal of election petitions
110. Procedure for withdrawal of election petitions
111. Report of withdrawal by the High Court to the Election Commission
112. Abatement of election petitions
116. Abatement or substitution on death of respondent
Chapter IV A Appeals
116A. Appeals to Supreme Court
116B. Stay of operation of order of High Court
116C. Procedure in appeal
Chapter V Costs and Security for Costs
117. Security for costs
118. Security for costs from a respondent
119. Costs
121. Payment of costs out of security deposits and return of such deposits
122. Execution of orders as to costs
Part VII Corrupt Practices and Electoral Offences
Chapter I Corrupt Practices
123. Corrupt practices
Chapter III Electoral Offences
125. Promoting enmity between classes in connection with election
125A. Penalty for filing false affidavit, etc
126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
126A. Restriction on publication and dissemination of result of exit polls, etc
126B. Offences by companies
127. Disturbances at election meetings
127A. Restrictions on the printing of pamphlets, posters, etc
128. Maintenance of Secrecy of voting
129. Officers, etc., at elections not to act for candidates or to influence voting
130. Prohibition of canvassing in or near polling stations
131. Penalty for disorderly conduct in or near polling stations
132. Penalty for misconduct at the polling station
132A. Penalty for failure to observe procedure for voting
133. Penalty for illegal hiring or procuring of conveyance at elections
134. Breaches of official duty in connection with elections
134A. Penalty for Government servants for acting as election agent, polling agent or counting agent
134B. Prohibition of going armed to or near a polling station
135. Removal of ballot papers from polling station to be an offence
135A. Offence of booth capturing
135B. Grant of paid holiday to employees on the day of poll
135c. Liquor not to be sold, given or distributed on polling day
136. Other offences and penalties therefor
137. [Omitted.]
138. [Repealed.]
Part VIII Disqualifications
Chapter I Disqualifications for Membership
139. [Omitted.]
140. [Omitted.]
140A. [Omitted.]
Chapter II Disqualifications for Voting
141. [Omitted.]
142. [Omitted.]
143. [Omitted.]
144. [Omitted.]
Chapter III Other Disqualifications
145. [Omitted.]
Chapter IV Powers of Election Commission in connection with inquiries as to disqualifications of Members
146. Powers of Election Commission
146A. Statements made by persons to the Election Commission
146B. Procedure to be followed by the Election Commission
146C. Protection of action taken in good faith
Part IX Bye-Elections
147. Casual vacancies in the Council of States
148. [Omitted.]
149. Casual vacancies in the House of the People
150. Casual vacancies in the State Legislative Assemblies
151. Casual vacancies in the State Legislative Councils
151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151
Part X Miscellaneous
152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned
153. Extension of time for completion of election
154. Term of office of members of the Council of States
155. Commencement of the term of office of members of the Council of States
156. Term of office of members of State Legislative Councils
157. Commencement of the term of office of members of the Legislative Councils
158. Return or forfeiture of candidate's deposit
159. Staff or certain authorities to be made available for election work
160. Requisitioning of premises, vehicles, etc., for election purposes
161. Payment of compensation
162. Power to obtain information
163. Powers of entry into and inspection of premises, etc
164. Eviction from requisitioned premises
165. Release of premises from requisition
166. Delegation of functions of the State Government with regard to requisitioning
167. Penalty for contravention of any order regarding requisitioning
168. [Omitted.]
Part XI General
169. Power to make rules
170. Jurisdiction of civil courts barred
171. [Repealed.]

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