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Bar News Acts League

The Representation of the People Act, 1951

Act ID: 1951

The Representation of the People Act, 1951

"An Act to provide for the conduct of elections to the Houses of Parliament and to State Legislatures, qualifications and disqualifications for membership, corrupt practices and election disputes."

Table of Contents

217 Sections

Ch. I

– Preliminary

S.1Short title S.2Interpretation

Ch. II

– Qualifications and Disqualifications

S.3Qualification for membership of the Council of States S.4Qualifications for membership of the House of the People S.5Qualifications for membership of a Legislative Assembly S.5AQualifications for membership of Legislative Assembly of Sikkim S.6Qualifications for membership of a Legislative Council S.7Definitions S.8Disqualification on conviction for certain offences S.8ADisqualification on ground of corrupt practices S.9Disqualification for dismissal for corruption or disloyalty S.9ADisqualification for Government contracts, etc S.10Disqualification for office under Government company S.10ADisqualification for failure to lodge account of election expenses S.11Removal or reduction of period of disqualification S.11ADisqualification arising out of conviction and corrupt practices S.11BRemoval of disqualifications

Ch. III

– Notification of General Elections

S.12Notification for biennial election to the Council of States S.12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States S.13Notification for reconstitution of electoral colleges for certain Union territories S.14Notification for general election to the House of the People S.14ANotification for electing the representative of the State of Sikkim to the existing House of the People S.15Notification for general election to a State Legislative Assembly S.15ANotification for certain elections to Legislative Councils S.16Notification for biennial election to a State Legislative Council S.17***S.18***

Ch. IV

– Administrative Machinery for the Conduct of Elections

S.19Definition S.19ADelegation of functions of Election Commission S.20General duties of chief electoral officers S.20AGeneral duties of district election officer S.20BObservers S.21Returning Officers S.22Assistant returning officers S.23Returning officer to include assistant returning officers performing the functions of the returning officer S.24General duty of the returning officer S.25Provision of polling stations for constituencies S.26Appointment of presiding officers for polling stations S.27General duty of the presiding officer S.28Duties of a polling officer S.28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission S.29Special provisions in the case of certain elections

Ch. IVA

– Registration of Political Parties

S.29ARegistration with the Election Commission of associations and bodies as political parties S.29BPolitical parties entitled to accept contribution S.29CDeclaration of donation received by the political parties

Ch. V

– Conduct of Elections

S.30Appointment of dates for nominations, etc S.31Public notice of election S.32Nomination of candidates for election S.33Presentation of nomination paper and requirements for a valid nomination S.33ARight to information S.33BCandidate to furnish information only under the Act and the rules.S.34Deposits S.35Notice of nominations and the time and place for their scrutiny S.36Scrutiny of nomination S.37Withdrawal of candidature S.38Publication of list of contesting candidates S.39Nomination of candidates at other elections S.39AAllocation of equitable sharing of time S.40Election agents S.41Disqualification for being an election agent S.42Revocation of the appointment, or death, of an election agent S.43Effect of default in appointment of election agent under section 42 S.44Duty of the election agent to keep accounts S.45Functions of election agents S.46Appointment of polling agents S.47Appointment of counting agents S.48Revocation of the appointment, or death, of a polling agent or counting agent S.49Functions of polling agents and counting agents S.50Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent S.51Non-attendance of polling or counting agents S.52Death of a candidate of a recognised political party before poll S.53Procedure in contested and uncontested elections S.54Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes S.55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes S.55ARetirement from contest at elections in Parliamentary and Assembly constituencies S.56Fixing time for poll S.57Adjournment of poll in emergencies S.58Fresh poll in the case of destruction, etc., of ballot boxes S.58AAdjournment of poll or countermanding of election on the ground of booth capturing S.59Manner of voting at elections S.60Special procedure for voting by certain classes of persons S.61Special procedure for preventing personation of electors S.61AVoting machines at elections S.62Right to vote S.63Method of voting S.64Counting of votes S.64ADestruction, loss, etc., of ballot papers at the time of counting S.65Equality of votes S.66Declaration of results S.67Report of the result S.67ADate of election of candidate S.68Vacation of seats when elected to both Houses of Parliament S.69Vacation of seats by persons already members of one House on election to other House of Parliament S.70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State S.71Publication of results of elections to the Council of States and of names of persons nominated by the President S.72Publication of results of elections for the reconstitution of electoral colleges for certain Union territories S.73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto S.73ASpecial provisions as to certain elections S.74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils S.75***S.75ADeclaration of assets and liabilities S.76Application of Chapter S.77Account of election expenses and maximum thereof S.78Lodging of account with the district election officer S.78AFree supply of copies of electoral rolls S.78BSupply of certain items to candidates, etc

Ch. VI

– Disputes Regarding Elections

S.79Definitions S.80Election petitions S.80AHigh Court to try election petitions S.81Presentation of petitions S.82Parties to the petition S.83Contents of petition S.84Relief that may be claimed by the petitioner S.85Procedure on receiving petition S.86Trial of election petitions S.87Procedure before the High Court S.88to 92. ***S.89Section 89 [Repealed/Omitted]S.90Section 90 [Repealed/Omitted]S.91Section 91 [Repealed/Omitted]S.92Section 92 [Repealed/Omitted]S.93Documentary evidence S.94Secrecy of voting not to be infringed S.95Answering of criminating questions and certificate of indemnity S.96Expenses of witnesses S.97Recrimination when seat claimed S.98Decision of the High Court S.99Other orders to be made by the High Court S.100Grounds for declaring election to be void S.101Grounds for which a candidate other than the returned candidate may be declared to have been elected S.102Procedure in case of an equality of votes S.103Communication of orders of the High Court S.104Difference of opinion among the members of the Tribunal S.105Orders of the Tribunal to be final and conclusive S.106Transmission of order to the appropriate authority, etc., and its publication S.107Effect of orders of the High Court S.108Withdrawal of petitions before appointment of Tribunal S.109Withdrawal of election petitions S.110Procedure for withdrawal of election petition S.111Report of withdrawal by 1the High Court to the Election Commission S.112Abatement of election petitions S.113to 115. ***S.114Section 114 [Repealed/Omitted]S.115Section 115 [Repealed/Omitted]S.116Abatement or substitution on death of respondent S.116AAppeals to Supreme Court S.116BStay of operation of order of High Court S.116CProcedure in appeal S.117Security for costs S.118Security for costs from a respondent S.119Costs S.120***S.121Payment of costs out of security deposits and return of such deposits S.122Execution of orders as to costs

Ch. VII

– Corrupt Practices and Electoral Offences

S.123Corrupt practices S.124***S.125Promoting enmity between classes in connection with election S.125APenalty for filing false affidavit, etc S.126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll S.126ARestriction on publication and dissemination of result of exit polls, etc S.126BOffences by companies S.127Disturbances at election meetings S.127ARestrictions on the printing of pamphlets, posters, etc S.128Maintenance of secrecy of voting S.129Officers, etc., at elections not to act for candidates or to influence voting S.130Prohibition of canvassing in or near polling stations S.131Penalty for disorderly conduct in or near polling stations S.132Penalty for misconduct at the polling station S.132APenalty for failure to observe procedure for voting S.133Penalty for illegal hiring or procuring of conveyance at elections S.134Breaches of official duty in connection with elections S.134APenalty for Government servants for acting as election agent, polling agent or counting agent S.134BProhibition of going armed to or near a polling station S.135Removal of ballot papers from polling station to be an offence S.135AOffence of booth capturing S.135BGrant of paid holiday to employees on the day of poll S.135CLiquor not to be sold, given or distributed on polling day S.136Other offences and penalties therefor S.137Repealed S.138Repealed

Ch. VIII

– Disqualifications

S.139to 145. Repealed S.140Section 140 [Repealed/Omitted]S.141Section 141 [Repealed/Omitted]S.142Section 142 [Repealed/Omitted]S.143Section 143 [Repealed/Omitted]S.144Section 144 [Repealed/Omitted]S.145Section 145 [Repealed/Omitted]S.146Powers of Election Commission S.146AStatements made by person to the Election Commission S.146BProcedure to be followed by the Election Commission S.146CProtection of action taken in good faith

Ch. IX

– Bye-Elections

S.147Casual vacancies in the Council of States S.148Casual vacancies in the electoral colleges for certain Union territories S.149Casual vacancies in the House of the People S.150Casual vacancies in the State Legislative Assemblies S.151Casual vacancies in the State Legislative Councils S.151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151

Ch. X

– Miscellaneous

S.152List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned S.153Extension of time for completion of election S.154Term of office of members of the Council of States S.155Commencement of the term of office of members of the Council of States S.156Section 156 [Repealed/Omitted]S.157Commencement of the term of office of members of the Legislative Councils S.158Return of forfeiture of candidate’s deposit S.159Staff of certain authorities to be made available for election work S.160Requisitioning of premises, vehicles, etc., for election purposes S.161Payment of compensation S.162Section 162 [Repealed/Omitted]S.163Powers of entry into and inspection of premises, etc S.164Eviction from requisitioned premises S.165Release of premises from requisition S.166Delegation of functions of the State Government with regard to requisitioning S.167Penalty for contravention of any order regarding requisitioning S.168Special provisions with respect to Rulers of former Indian States

Ch. XI

– General

S.169Power to make rules S.170Jurisdiction of civil courts barred S.171Repeal of Act 39 of 1920