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