Section 39: Nomination of candidates at other elections

Q: What does Section 39 of The Representation of the People Act, 1951 (RPA 1951) deal with?

Section 39 RPA 1951 pertains to "Nomination of candidates at other elections". It is part of the The Representation of the People Act, 1951, a legislation enacted by the Parliament of India. Section 39 of The Representation of the People Act, 1951 (RPA 1951) governs nomination of candidates at other elections.

Q: Is Section 39 RPA 1951 still in force?

Yes, Section 39 of the The Representation of the People Act, 1951 is currently in force across the Republic of India.

Q: What is धारा 39 RPA 1951?

धारा 39 RPA 1951 is the Devanagari Hindi reference for Section 39 of the The Representation of the People Act, 1951. Section 39 of The Representation of the People Act, 1951 (RPA 1951) governs nomination of candidates at other elections.

Q: What is Dhara 39 RPA 1951?

Dhara 39 RPA 1951 is the Roman Hindi reference for Section 39 of the The Representation of the People Act, 1951. "Dhara" means "Section" in Hindi. Section 39 of The Representation of the People Act, 1951 (RPA 1951) governs nomination of candidates at other elections.

Q: How to cite Section 39 of The Representation of the People Act, 1951?

Cite as: "Section 39, The Representation of the People Act, 1951 (RPA 1951)" in legal briefs. For academic writing, use the BlueBook format: The Representation of the People Act, 1951, 1951, § 39 (India).

Law on Tips Editorial Board

(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 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 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 the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(c) the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and

(e) the date before which the election shall be completed.

(2)

The provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and clause (a) of sub-section (1) of section 34, shall apply in relation to any such election as they apply in relation to an election in any constituency:

Provided that—

(a) any references in the said provisions to the electoral roll of the constituency shall unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the list of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a Union territory, as references to the list of members of such electoral college maintained under sub-section (2) of that section;

(ab) in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;

(b) any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and

(c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.