Representation of the People Act, 1951 / Part III

Section 15: Notification for General Election to a State Legislative Assembly

Section 15 of the Representation of the People Act, 1951 governs the notification initiating a general election to constitute a new State Legislative Assembly after the existing Assembly completes its term or is dissolved. It identifies the authority issuing the notification, the Election Commission's role and the earliest permissible date for an election called before the term expires.

Section 15: Notification for general election to a State Legislative Assembly

Sub-section (1): When a general election is held

A general election is held to constitute a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution. The two events are distinct: expiration is the end of its constitutional or statutory duration; dissolution ends its existence earlier.

Sub-section (2): Gazette notification and competent authority

For that purpose, the Governor or Administrator, as the case may be, issues one or more notifications in the Official Gazette of the State, on the date or dates recommended by the Election Commission. Through the notification, all Assembly constituencies in the State are called upon to elect members in accordance with the Act and the rules and orders made under it.

Proviso to Section 15(2): Where the general election is held otherwise than on dissolution of the existing Assembly, the notification must not be issued earlier than six months before the date on which the Assembly's duration would expire under Article 172(1) of the Constitution or, where applicable, Section 5 of the Government of Union Territories Act, 1963.

Meaning of important legal expressions

  • General election: an election to constitute a new Assembly, as distinguished from a by-election to fill an individual vacancy.
  • Official Gazette: the formally published government record in which the statutory election notification appears.
  • Assembly constituency: a territorial electoral constituency returning a representative to the Legislative Assembly under applicable delimitation and election law.
  • Election Commission: the Election Commission of India, vested with constitutional responsibility for superintendence, direction and control of elections under Article 324 of the Constitution.
  • Dissolution: termination of the existing Assembly before its ordinary term expires; the proviso's six-month advance-notification restriction applies to elections held otherwise than on dissolution.

How Section 15 operates in an Assembly election

  1. The Election Commission assesses the election timetable and recommends the date or dates for issuing the statutory notification.
  2. The Governor or Administrator, as applicable, publishes the notification or notifications in the Official Gazette, calling upon all Assembly constituencies to elect members.
  3. The statutory election programme then operates under the Representation of the People Act, 1951, including Section 30, under which the Election Commission appoints dates for nominations, scrutiny, withdrawal, polling and completion of the election.
  4. Other applicable statutory provisions, rules, orders and official directions govern the subsequent election stages and results.

The notification under Section 15 is not itself the complete election timetable. It is important to distinguish it from the Election Commission's scheduling notification under Section 30.

Six-month restriction and constitutional duration

Article 172(1) ordinarily provides a five-year duration for a State Legislative Assembly from the date appointed for its first meeting, unless sooner dissolved, subject to the Constitution's exceptional provisions. The six-month proviso in Section 15(2) limits how early the formal election notification may issue when the Assembly is approaching the end of its duration. It does not prohibit the Election Commission from undertaking advance administrative preparations.

Section 15(2) also refers to Section 5 of the Government of Union Territories Act, 1963, where applicable. The appropriate legal framework must be checked for the particular Legislative Assembly and territory.

Section 15 compared with related provisions

Section 14 concerns a general election to the House of the People (Lok Sabha) and notification by the President in the Gazette of India. Section 15 concerns a Legislative Assembly and notification by the Governor or Administrator in the State Official Gazette. Section 16 addresses biennial elections to State Legislative Councils, which are different from Assembly general elections.

Frequently asked questions

Who issues a State Assembly general-election notification?

The Governor or Administrator, as the case may be, issues it on the date or dates recommended by the Election Commission, by publication in the State Official Gazette.

Can an election notification be issued more than six months before the Assembly's term ends?

Not for a general election held otherwise than on dissolution. Section 15(2)'s proviso imposes a six-month limit on advance issuance in that situation.

Does Section 15 set the polling date?

No. Section 15 provides for calling upon constituencies to elect members; Section 30 governs the fixing of key election dates by the Election Commission.

Official legislation and election resources

Consult the relevant official Gazette notification and current consolidated legislation for a specific election. This explanation does not replace the operative statutory text.