Section 157: Commencement of the Term of Office of Members of Legislative Councils

Section 157 of the Representation of the People Act, 1951 specifies the legal date on which a member's term in a State Legislative Council begins. The controlling event is publication of the applicable election or nomination notification or declaration in the Official Gazette.

Text of Section 157

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

(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under section 74 shall begin on the date of such notification.

(2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under section 74 shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be.

Meaning and application of Section 157

Sub-section (1): Where section 74 requires the member's name to be notified, the date of that Official Gazette notification is the commencement date. The date of polling, counting or a public announcement of the result is not substituted for the statutory notification date.

Sub-section (2): Where section 74 does not require notification of the member's name, the commencement date is the Gazette publication date of the election declaration under section 67 or of the Governor's nomination under Article 171(3)(e), as applicable.

Related legal provisions

Section 67: Provides for reporting the result of an election by the returning officer, including declaration of the elected candidate in the manner prescribed by law.

Section 74: Provides for publication in the Official Gazette of the names of persons elected to State Legislative Councils and of nominated persons in the circumstances specified by that section.

Section 156: Prescribes a six-year term for an ordinary member of a State Legislative Council, subject to the statutory provisions for staggered retirement; a member filling a casual vacancy serves only the unexpired term of the predecessor.

Article 171(3)(e) of the Constitution: Concerns nomination by the Governor of the remaining members of a State Legislative Council, in accordance with Article 171(5), which specifies the fields of special knowledge or practical experience.

Illustration

If an election result is announced on 5 July but the notification required by section 74 is published in the Official Gazette on 9 July, the term commences on 9 July under section 157(1). The same principle of the applicable Gazette publication date governs declarations or nominations falling within section 157(2).

Frequently asked questions

Does a Legislative Council member's term start on polling day?

No. Section 157 ties commencement to the relevant Gazette notification or publication, not polling day.

How long is the term?

Under section 156, the normal term is six years, while a person chosen to fill a casual vacancy serves the remainder of the predecessor's term.

Does the rule cover nominated members?

Yes. Section 157 expressly addresses Gazette publication of nominations under Article 171(3)(e), subject to whether section 74 applies.

Official legal sources

Read the Representation of the People Act, 1951 (India Code, official PDF) and consult the Election Commission of India for election-related information and notifications. The applicable Official Gazette should be checked to establish the actual commencement date in a particular case.