Section List

43/1951 - The Representation of the People Act, 1951 ▶

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 Number	Title	Actions
1	Short title.
2	Interpretation.
3	Qualification for membership of the Council of States.
4	Qualifications for membership of the House of the People.
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.
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.
11A	Disqualification arising out of conviction and corrupt practices.
11B	Removal of disqualifications.
12	Notification for biennial election to the Council of States.
12A	Notification 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.
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.
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.
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.
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.
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.].
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.].
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.
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.
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.
75A	Declaration of assets and liabilities.
76	Application of Chapter.
77	Account of election expenses and maximum thereof.
78	Lodging of account with the district election officer.
78A	Free supply of copies of electoral rolls.
78B	Supply of certain items to candidates, etc.
79	Definitions.
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.].
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.
108	[Omitted.].
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.
116A	Appeals to Supreme Court.
116B	Stay of operation of order of High Court.
116C	Procedure in appeal.
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.
123	Corrupt practices.
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..
139	Omitted..
140	Omitted.
140A	Omitted..
141	Omitted..
142	Omitted..
143	Omitted..
144	Omitted..
145	Omitted..
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.
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.
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..
169	Power to make rules.
170	Jurisdiction of civil courts barred.
171	Repealed..