Section 38: Publication of List of Contesting Candidates
Section 38 of the Representation of the People Act, 1951 (RP Act) governs the preparation and publication of the final list of contesting candidates after the statutory deadline for withdrawal of candidature. It determines who remains in the electoral contest and the order in which names appear.
Meaning and purpose of Section 38
A contesting candidate is a person whose nomination has been found valid at scrutiny under Section 36 and who has not withdrawn within the period permitted by Section 37. The returning officer must publish the prescribed list immediately after that withdrawal period ends.
Section 38: Provisions explained
Sub-section (1): Preparation and publication
Immediately after the time for withdrawal under Section 37(1) expires, the returning officer must prepare and publish the list in the prescribed form and manner. Only validly nominated candidates who have not withdrawn within that time are included.
Sub-section (2): Three categories of candidates
- Candidates of recognised political parties;
- Candidates of registered political parties other than recognised parties;
- Other candidates, including independents.
A recognised political party is a party recognised under the applicable Election Symbols (Reservation and Allotment) Order, 1968. A registered but unrecognised political party is registered with the Election Commission under Section 29A of the RP Act but does not hold recognised-party status.
Sub-section (3): Sequence, names and addresses
The three categories must appear in the order stated above. Within each category, candidates' names must be placed in alphabetical order. The list also contains the addresses given in nomination papers and other prescribed particulars.
Rule 10 of the Conduct of Elections Rules, 1961
Rule 10 prescribes the format and language of the list. The returning officer uses Form 7A for elections to the House of the People or State Legislative Assemblies and Form 7B for the elections to which that form applies, such as specified Council elections. The list must be prepared in the language or languages directed by the Election Commission of India. If prepared in multiple languages, the Commission determines which script controls alphabetical ordering.
For parliamentary and assembly elections, Form 7A provides columns for serial number, candidate's name, address, party affiliation and allotted election symbol. Symbol allotment is regulated by Rule 10 and the Election Symbols (Reservation and Allotment) Order, 1968, subject to applicable Election Commission directions.
How the list is finalised
- Scrutiny: The returning officer determines valid nominations under Section 36.
- Withdrawal: Candidates may withdraw in the manner and by the deadline prescribed under Section 37.
- Classification: Remaining candidates are placed in the three statutory categories.
- Ordering: Names are arranged alphabetically within each category, with the required addresses and particulars.
- Publication: The prescribed list is published immediately after the withdrawal period expires.
Important: The list of validly nominated candidates under Section 36 is not the same as the list of contesting candidates under Section 38. A validly nominated candidate who withdraws on time is excluded from the latter.
Related legal provisions
- Section 33 - Presentation and requirements of valid nominations.
- Section 35 - Notice of nominations and scrutiny.
- Section 36 - Scrutiny and list of validly nominated candidates.
- Section 37 - Withdrawal of candidature.
Official legislation and election resources
For the authoritative statutory text and prescribed forms, refer to the Representation of the People Act, 1951 (India Code), the Conduct of Elections Rules, 1961 (India Code), and the Election Commission of India for current election instructions and notifications.