www.Aaptaxlaw.com
 
 

THE REPRESENTATION OF THE PEOPLE ACT, 1951

ACT NO. 43 OF 1951

An Act to provide for the conduct of elections of 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.

BE it enacted by Parliament as follows:-

PART I PRELIMINARY

1. Short title. - This Act may be called the Representation of the People Act, 1951.

Section 2  - Interpretation

PART II QUALIFICATIONS AND DISQUALIFICATIONS

CHAPTER I - Qualifications for Membership of Parliament

Section 3 of Qualification for membership of the Council of States

Section 4 Qualifications for membership of the House of the People

CHAPTER II - Qualifications for Membership of State Legislatures

Section 5 of Qualifications for membership of a Legislative Assembly

Section 5A Qualifications for membership of a Legislative Assembly Sikkim

Section 6 of Qualification for membership of a Legislative Council

CHAPTER III - Disqualifications for membership of Parliament and State Legislatures

Section 7 of Definition

Section 8 of Disqualification on conviction for certain offences

Section 8A of Disqualification on ground of corrupt practices

Section 9 of Disqualification for dismissal for corruption or disloyalty

Section 9A of Disqualification for Government contracts, etc

Section 10 of Disqualification for office under Government company

Section 10A of Disqualification for failure to lodge account of election expenses

Section 11 Removal or reduction of period of disqualification

CHAPTER IV - Disqualifications for Voting

Section 11A Disqualification arising out of conviction and corrupt practices

Section 11B Removal of Disqualifications

PART III NOTIFICATION OF GENERAL ELECTIONS

Section 12 Notification for biennial election to the Council of States

Section 12A Notification for election to fill the seat allotted to the State of Sikkim in the Council of States

Section 13 Repealed

Section 14 Notification for general election to the House of the People

Section 15 Notification for general election to a State Legislative Assembly

Section 15A Notification for certain elections to Legislative Councils

Section 16 Notification for biennial election to a State Legislative Council

PART IV ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

Section 19 Definition, 19A  Delegation of functions of Election Commission

Section 20  General duties of chief electoral officers, Section 20A  General duties of district election officer

Section 20B  Observers

Section 21  Returning officers

Section 22  Assistant returning officers

Section 23  Returning officer to include assistant returning officers performing the functions of the returning officer

Section 24  General duty of the returning officer

Section 25  Provision of polling stations for constituencies

Section 26  Appointment of presiding officers for polling stations

Section 27  General duty of the presiding officer, Section 28 Duties of a polling officer

Section 28A  Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission

Section 29  Special provisions in the case of certain elections

PART IVA REGISTRATION OF POLITICAL PARTIES

Section 29A  Registration with the Election Commission of associations and bodies as political parties

Section 29B Political parties entitled to accept contribution

Section 29C Declaration of donation received by the political parties

PART V CONDUCT OF ELECTIONS

CHAPTER I Nomination of Candidates

Section 30 Appointment of dates for nominations, etc

Section 31 Public notice of election

Section 32 Nomination of candidates for election

Section 33 Presentation of nomination paper and requirements for a valid nomination

Section 33A Right to information

Section 33B Candidate to furnish information only under the Act and the rules

Section 34 Deposits

Section 35 Notice of nominations and the time and place for their Scrutiny

Section 36 Scrutiny of nominations

Section 37 Withdrawal of candidature

Section 38 Publication of list of contesting candidates

Section 39 Nomination of candidates at other elections

Section 39A Allocation of equitable sharing of time

CHAPTER II Candidates and their agents

Section 40 Election agents

Section 41 Disqualification for being an election agent

Section 42 Revocation of the appointment, or death, of an election agent

43. Effect of default in appointment of election agent under section 42. Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25.

44. Duty of the election agent to keep accounts. Rep. by s. 25

Section 45 Functions of election agents

Section 46 Appointment of polling agents

Section 47 Appointment of counting agents

Section 48 Revocation of the appointment or death of a polling agent or counting agent

Section 49 Functions of polling agents and counting agents - Representation of the People Act, 1951

Section 50 Attendance of contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent

Section 51 Non-attendance of polling or counting agents

CHAPTER III - General Procedure at Elections

Section 52 Death of candidate of reorganised political party before poll

Section 53 Procedure in contested and uncontested elections

Section 54. Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).

Section 55 Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes

CHAPTER IV - The Poll

Section 56 Fixing time for poll

Section 57 Adjournment of poll in emergencies

Section 58 Fresh poll in the case of destruction, etc., of ballot boxes

Section 58A Adjournment of poll or countermanding of election on the ground of booth capturing

Section 59 Manner of voting at elections

Section 60 Special procedure for voting by certain classes of persons

Section 61 Special procedure for preventing personation of electors

Section 61A Voting machines at elections

Section 62 Right to vote

Section 63 Method of voting- repealed

CHAPTER V - Counting of Votes

Section 64 Counting of votes

Section 64A Destruction, loss, etc., of ballot papers at the time of counting

Section 65 Equality of votes

Section 66 Declaration of results

Section 67 Report of the result

Section 67A Date of election of candidate

CHAPTER VI - Multiple Elections

Section 68 Vacation of seats when elected to both Houses of Parliament

Section 69 Vacation of seats by persons already members of one House on election to other House of Parliament

Section 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

CHAPTER VII - Publication of election Results and Nominations

Section 71 Publication of results of elections to the Council of States and of names of persons nominated by the President

Section 72 Repealed by the Territorial Councils Act, 1956

Section 73 Publication of results of general elections to the House of the People and the State Legislative Assemblies

Section 73A Special provisions as to certain elections

Section 74 Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils

CHAPTER VIIA - DECLARATION OF ASSETS AND LIABILITIES

Section 75A Declaration of assets and liabilities

CHAPTER VIII Election Expenses

Section 76 Application of Chapter

Section 77 Account of election expenses and maximum thereof

Section 78 Lodging of account with the district election officer

PART VA FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES

Section 78A Free supply of copies of electoral rolls

Section 78B Supply of certain items to candidates, etc

PART VI DISPUTES REGARDING ELECTIONS

CHAPTER I - Interpretation

Section 79 Definitions

CHAPTER II Presentation of Election Petitions to High Court

Section 80 Election petitions

Section 80A High Court to try election petitions

Section 81 Presentation of petitions

Section 82 Parties to the petition

Section 83 Contents of petition

Section 84 Relief that may be claimed by the petitioner

Section 85 Repealed

CHAPTER III - Trial of Election Petitions

Section 86 Trial of election petitions

Section 87 Procedure before the High Court

Section 93 Documentary evidence

Section 94 : Secrecy of voting not to be infringed

Section 95 Answering of criminating questions and certificate of indemnity

Section 96 Expenses of witnesses

Section 97 Recrimination when seat claimed

Section 98 Decision of the High Court

Section 99 Other orders to be made by the High Court

Section 100 Grounds for declaring election to be void

Section 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected

Section 102 Procedure in case of an equality of votes

Section 103 Communication of orders of the High Court

Section 104 Repealed

Section 105 Repealed

Section 106 Transmission of order to the appropriate authority, etc., and its publication

Section 107 Effect of orders of the High Court

CHAPTER IV - Withdrawal and Abatement of Election Petitions

Section 108 Repealed

Section 109 Withdrawal of election petitions

Section 110 Procedure for withdrawal of election petitions

Section 111 Report of withdrawal by the High Court to the Election Commission

Section 112 Abatement of election petitions

Section 116 Abatement or substitution on death of respondent

CHAPTER IVA - Appeals

Section 116A Appeals to Supreme Court

Section 116B Stay of operation of order of High Court

Section 116C Procedure in appeal

CHAPTER V Cost and Security for Costs

Section 117 Security for costs

Section 118 Security for costs from a respondent

Section 119 Costs

Section 121 Payment of costs out of security deposits and return of such deposits

Section 122 Execution of orders as to costs

PART VII CORRUPT PRACTICES AND ELECTORAL OFFENCES

CHAPTER I - Corrupt Practice

Section 123 Corrupt practices

CHAPTER III - Electoral Offences

Section 125 Promoting enmity between classes in connection with election

Section 125A Penalty for filing false affidavit, etc

Section 126 Prohibition of public meetings during period of forty eight hours ending with hour fixed for conclusion of poll

Section 127 Disturbances at election meetings

Section 127A Restrictions on the printing of pamphlets, posters, etc

Section 128 Maintenance of Secrecy of voting

Section 129 Officers, etc., at elections not to act for candidates or to influence voting

Section 130 Prohibition of canvassing in or near polling station

Section 131 Penalty for disorderly conduct in or near polling stations

Section 132 Penalty for misconduct at the polling station

Section 132A Penalty for failure to observe procedure for voting

Section 133 Penalty for illegal hiring or procuring of conveyance at elections

Section 134 Breaches of official duty in connection with election

Section 134A Penalty for Government servants for acting as election agent, polling agent or counting agent

Section 134B Prohibition of going armed to or near a polling station

Section 135 Removal of ballot papers from polling station to be an offence

Section 135A Offence of booth capturing

Section 135B Grant of paid holiday to employees on the day of poll

Section 135C Liquor not to be sold, given or distributed on polling day

Section 136 Other offences and penalties therefor

Section 137 Repealed

Section 138 Repealed

PART VIII DISQUALIFICATIONS

Section 139 - 145 Chapters I to III. Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 62

CHAPTER IV - Powers of Election Commission in connection with inquiries as to disqualifications of Members

Section 146 Powers of Election Commission

Section 146A Statements made by persons to the Election Commission

Section 146B Procedure to be followed by the Election Commission

Section 146C Protection of action taken in good faith

PART IX BYE-ELECTIONS

Section 147 Casual vacancies in the Council of States

Section 148 Repealed

Section 149 Casual vacancies in the House of the People

Section 150 Casual vacancies in the State Legislative Assemblies

Section 151 Casual vacancies in the State Legislative Councils

Section 151A Time limit for filling vacancies referred to in sections 147, 149, 150 and 151

PART X MISCELLANEOUS

Section 152 List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning Officers concerned

Section 153 Extension of time for completion of election

Section 154 Term of office of members of the Council of States

Section 155 Commencement of the term of office of members of the Council of States

Section 156 Term of office of members of State Legislative Councils

Section 157 Commencement of the term of office of members of the Legislative Councils

Section 158 Return of forfeiture of candidate's deposit

Section 159 Staff of certain authorities to be made available for election work

Section 160 Requisitioning of premises, vehicles, etc., for election purposes

Section 161 Payment of compensation

Section 162 Power to obtain information

Section 163 Powers of entry into and inspection of premises, etc

Section 164 Eviction from requisitioned premises

Section 165 Release of premises from requisition

Section 166 Delegation of functions of the State Government with regard to requisitioning

Section 167 Penalty for contravention of any order regarding requisitioning

Section 168 Repealed

PART XI GENERAL

Section 169 Power to make rules

Section 170 Jurisdiction of civil courts barred

Section 171 Repealed

   

 

 
 

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap