The REPRESENTATION OF THE PEOPLE ACT, 1951

PRELIMINARY

Section 1 — Short title.

This Act may be called the Representation of the People Act, 1951.

Browse all 205 sections
  1. 1.Short title.
  2. 2.Interpretation.
  3. 3.Qualification for membership of the Council of States.
  4. 4.Qualifications for membership of the House of the People.
  5. 5.Qualifications for membership of a Legislative Assembly.
  6. 5A.Qualifications for membership of Legislative Assembly of Sikkim.
  7. 6.Qualifications for membership of a Legislative Council.
  8. 7.Definitions.
  9. 8.Disqualification on conviction for certain offences.
  10. 8A.Disqualification on ground of corrupt practices.
  11. 9.Disqualification for dismissal for corruption or disloyalty.
  12. 9A.Disqualification for Government contracts, etc.
  13. 10.Disqualification for office under Government company.
  14. 10A.Disqualification for failure to lodge account of election expenses.
  15. 11.Removal or reduction of period of disqualification.
  16. 11A.Disqualification arising out of conviction and corrupt practices.
  17. 11B.Removal of disqualifications.
  18. 12.Notification for biennial election to the Council of States.
  19. 12A.Notification for election to fill the seat allotted to the State of Sikkim in the Council of States.
  20. 13.[Omitted.].
  21. 14.Notification for general election to the House of the People.
  22. 14A.Notification for electing the representative of the State of Sikkim to the existing House of the people.
  23. 15.Notification for general election to a State Legislative Assembly.
  24. 15A.Notification for certain elections to Legislative Councils.
  25. 16.Notification for biennial elections to a State Legislative Council.
  26. 19.Definition.
  27. 19A.Delegation of functions of Election Commission.
  28. 20.General duties of chief electoral officers.
  29. 20A.General duties of district election officer.
  30. 20B.Observers.
  31. 21.Returning officers.
  32. 22.Assistant returning officers.
  33. 23.Returning officer to include assistant returning officers performing the functions of the returning officer.
  34. 24.General duty of the returning officer.
  35. 25.Provision of polling stations for constituencies.
  36. 26.Appointment of presiding officers for polling stations.
  37. 27.General duty of the presiding officer.
  38. 28.Duties of a polling officer.
  39. 28A.Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission.
  40. 29.Special provisions in the case of certain elections.
  41. 29A.Registration with the Election Commission of associations and bodies as political parties.
  42. 29B.Political parties entitled to accept contribution.
  43. 29C.Declaration of donation received by the political parties.
  44. 30.Appointment of dates for nominations, etc.
  45. 31.Public notice of election.
  46. 32.Nomination of candidates for election.
  47. 33.Presentation of nomination paper and requirement for a valid nomination.
  48. 33A.Right to information.
  49. 33B.Candidate to furnish information only under the Act and the rules.
  50. 34.Deposits.
  51. 35.Notice of nominations and the time and place for their scrutiny.
  52. 36.Scrutiny of nominations.
  53. 37.Withdrawal of candidature.
  54. 38.Publication of list of contesting candidates.
  55. 39.Nomination of candidates at other elections.
  56. 39A.Allocation of equitable sharing of time.
  57. 40.Election agents.
  58. 41.Disqualification for being an election agent.
  59. 42.Revocation of the appointment, or death, of an election agent.
  60. 43.[Omitted.].
  61. 44.[Omitted.].
  62. 45.Functions of election agents.
  63. 46.Appointment of polling agents.
  64. 47.Appointment of counting agents.
  65. 48.Revocation of the appointment or death of a polling agent or counting agent.
  66. 49.Functions of polling agents and counting agents.
  67. 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.
  68. 51.Non-attendance of polling or counting agents.
  69. 52.Death of candidate of recognised Political Party before Poll.
  70. 53.Procedure in contested and uncontested elections.
  71. 54.[Omitted.].
  72. 55.Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.
  73. 55A.[Omitted.].
  74. 56.Fixing time for poll.
  75. 57.Adjournment of poll in emergencies.
  76. 58.Fresh poll in the case of destruction, etc., of ballot boxes.
  77. 58A.Adjournment of poll or countermanding of election on the ground of booth capturing.
  78. 59.Manner of voting at elections.
  79. 60.Special procedure for voting by certain classes of persons.
  80. 61.Special procedure for preventing personation of electors.
  81. 61A.Voting machines at elections.
  82. 62.Right to vote.
  83. 63.[Omitted.].
  84. 64.Counting of votes.
  85. 64A.Destruction, loss, etc., of ballot papers at the time of counting.
  86. 65.Equality of votes.
  87. 66.Declaration of results.
  88. 67.Report of the result.
  89. 67A.Date of election of candidate.
  90. 68.Vacation of seats when elected to both Houses of Parliament.
  91. 69.Vacation of seats by persons already members of one House on election to other House of Parliament.
  92. 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.
  93. 71.Publication of results of elections to the Council of States and of names of persons nominated by the President.
  94. 72.[Omitted.].
  95. 73.Publication of results of general elections to the House of the People and the State Legislative Assemblies.
  96. 73A.Special provisions as to certain elections.
  97. 74.Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils.
  98. 75A.Declaration of assets and liabilities.
  99. 76.Application of Chapter.
  100. 77.Account of election expenses and maximum thereof.
  101. 78.Lodging of account with the district election officer.
  102. 78A.Free supply of copies of electoral rolls.
  103. 78B.Supply of certain items to candidates, etc.
  104. 79.Definitions.
  105. 80.Election petitions.
  106. 80A.High Court to try election petitions.
  107. 81.Presentation of petitions.
  108. 82.Parties to the petition.
  109. 83.Contents of petition.
  110. 84.Relief that may be claimed by the petitioner.
  111. 85.[Omitted.].
  112. 86.Trial of election petitions.
  113. 87.Procedure before the High Court.
  114. 93.Documentary evidence.
  115. 94.Secrecy of voting not to be infringed.
  116. 95.Answering of criminating questions and certificate of indemnity.
  117. 96.Expenses of witnesses.
  118. 97.Recrimination when seat claimed.
  119. 98.Decision of the High Court.
  120. 99.Other orders to be made by the High Court.
  121. 100.Grounds for declaring election to be void.
  122. 101.Grounds for which a candidate other than the returned candidate may be declared to have been elected.
  123. 102.Procedure in case of an equality of votes.
  124. 103.Communication of orders of the High Court.
  125. 104.[Omitted.].
  126. 105.[Omitted.].
  127. 106.Transmission of order to the appropriate authority, etc., and its publication.
  128. 107.Effect of orders of the High Court.
  129. 108.[Omitted.].
  130. 109.Withdrawal of election petitions.
  131. 110.Procedure for withdrawal of election petitions.
  132. 111.Report of withdrawal by the High Court to the Election Commission.
  133. 112.Abatement of election petitions.
  134. 116.Abatement or substitution on death of respondent.
  135. 116A.Appeals to Supreme Court.
  136. 116B.Stay of operation of order of High Court.
  137. 116C.Procedure in appeal.
  138. 117.Security for costs.
  139. 118.Security for costs from a respondent.
  140. 119.Costs.
  141. 121.Payment of costs out of security deposits and return of such deposits.
  142. 122.Execution of orders as to costs.
  143. 123.Corrupt practices.
  144. 125.Promoting enmity between classes in connection with election.
  145. 125A.Penalty for filing false affidavit, etc.
  146. 126.Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.
  147. 126A.Restriction on publication and dissemination of result of exit polls, etc.
  148. 126B.Offences by companies.
  149. 127.Disturbances at election meetings.
  150. 127A.Restrictions on the printing of pamphlets, posters, etc.
  151. 128.Maintenance of Secrecy of voting.
  152. 129.Officers, etc., at elections not to act for candidates or to influence voting.
  153. 130.Prohibition of canvassing in or near polling stations.
  154. 131.Penalty for disorderly conduct in or near polling stations.
  155. 132.Penalty for misconduct at the polling station.
  156. 132A.Penalty for failure to observe procedure for voting.
  157. 133.Penalty for illegal hiring or procuring of conveyance at elections.
  158. 134.Breaches of official duty in connection with elections.
  159. 134A.Penalty for Government servants for acting as election agent, polling agent or counting agent.
  160. 134B.Prohibition of going armed to or near a polling station.
  161. 135.Removal of ballot papers from polling station to be an offence.
  162. 135A.Offence of booth capturing.
  163. 135B.Grant of paid holiday to employees on the day of poll.
  164. 135C.Liquor not to be sold, given or distributed on polling day.
  165. 136.Other offences and penalties therefor.
  166. 137.[Omitted.].
  167. 138.[Repealed.].
  168. 139.[Omitted.].
  169. 140.[Omitted.].
  170. 140A.[Omitted.].
  171. 141.[Omitted.].
  172. 142.[Omitted.].
  173. 143.[Omitted.].
  174. 144.[Omitted.].
  175. 145.[Omitted.].
  176. 146.Powers of Election Commission.
  177. 146A.Statements made by persons to the Election Commission.
  178. 146B.Procedure to be followed by the Election Commission.
  179. 146C.Protection of action taken in good faith.
  180. 147.Casual vacancies in the Council of States.
  181. 148.[Omitted.].
  182. 149.Casual vacancies in the House of the People.
  183. 150.Casual vacancies in the State Legislative Assemblies.
  184. 151.Casual vacancies in the State Legislative Councils.
  185. 151A.Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.
  186. 152.List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned.
  187. 153.Extension of time for completion of election.
  188. 154.Term of office of members of the Council of States.
  189. 155.Commencement of the term of office of members of the Council of States.
  190. 156.Term of office of members of State Legislative Councils.
  191. 157.Commencement of the term of office of members of the Legislative Councils.
  192. 158.Return or forfeiture of candidate’s deposit.
  193. 159.Staff or certain authorities to be made available for election work.
  194. 160.Requisitioning of premises, vehicles, etc., for election purposes.
  195. 161.Payment of compensation.
  196. 162.Power to obtain information.
  197. 163.Powers of entry into and inspection of premises, etc.
  198. 164.Eviction from requisitioned premises.
  199. 165.Release of premises from requisition.
  200. 166.Delegation of functions of the State Government with regard to requisitioning.
  201. 167.Penalty for contravention of any order regarding requisitioning.
  202. 168.[Omitted.].
  203. 169.Power to make rules.
  204. 170.Jurisdiction of civil courts barred.
  205. 171.[Repealed.].