Act Number: 43

Act Name: The Representation of the People Act, 1951

Year: 1951

Enactment Date: 1951-07-17

Long Title: An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 147: Casual vacancies in the Council of States.
    1[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
         3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the 4[Union territories of Delhi, Himachal Pradesh and Manipur.]]
Notes:
1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956.
2. The words "or the elected members of the Coorg Legislative Council" omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951).
3. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
4. Now the National Capital territory of Delhi and the States of Himachal Pradesh and Manipur.
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