Representation of the People Act, 1951 / Part III

Section 16: Notification for Biennial Election to a State Legislative Council

Section 16 of the Representation of the People Act, 1951 governs the notification initiating a biennial election to a State Legislative Council when members are due to retire at the end of their terms. It specifies who issues the notification, where it is published, whose election is called, and how early it may be issued.

Section 16 - Notification for biennial election to a State Legislative Council

For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:

Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.

Meaning of Section 16

Biennial election: a recurring election held to replace Legislative Council members retiring upon completion of their terms. Under Article 172(2) of the Constitution, a State Legislative Council is not subject to dissolution, and as nearly as possible one-third of its members retire every second year in accordance with law.

Governor's notification: the formal notification by which the Governor calls upon the relevant electors to elect members. It must be published in the Official Gazette of the State on the date or dates recommended by the Election Commission of India. The Governor may issue one or more notifications.

Council constituencies: constituencies established for elections to the Legislative Council. Under Article 171(3), the Council's composition includes members elected by specified local authorities, graduates, teachers, and members of the Legislative Assembly, with other members nominated by the Governor. Section 16 refers to the members of the Assembly and the Council constituencies concerned with the retiring elective seats; it does not convert nominated seats into elected seats.

Three-month limit on the notification

The proviso prohibits a Section 16 notification more than three months before the retirement date of the outgoing members. This restriction concerns the notification that initiates the biennial election; it should not be confused with a universal three-month period for completing all election stages.

How a biennial Council election is initiated

  1. Retiring seats are identified: the seats falling vacant on the expiry of the members' terms are determined.
  2. Election Commission recommends dates: the Commission recommends the date or dates for the notification.
  3. Governor issues notification: the Governor calls upon the concerned Legislative Assembly members and Council constituencies to elect members, through one or more notifications in the State Official Gazette.
  4. Election process follows the Act: nomination, scrutiny, withdrawal, poll where necessary, and other steps are governed by the Representation of the People Act, 1951, the Conduct of Elections Rules, 1961, and applicable orders. The detailed election timetable is dealt with separately, including under Section 30.

Article 171 of the Constitution: composition of State Legislative Councils and categories of members. Article 172(2): continuing nature of the Legislative Council and periodic retirement. Section 15A: historical notifications for certain elections constituting Legislative Councils. Section 12: corresponding biennial election notifications for the Council of States (Rajya Sabha). Section 30: election timetable after the relevant election notification.

Frequently asked questions

Who issues a Section 16 notification?

The Governor of the State issues it in the State Official Gazette on the date or dates recommended by the Election Commission.

How early can the notification be issued?

Not more than three months before the retiring members' terms are due to expire.

Does Section 16 cover every vacant Council seat?

No. Section 16 concerns seats becoming vacant upon retirement at the expiration of a term. Casual vacancies and other electoral situations are governed by their relevant provisions.

Official legislation and election resources

For a particular election, consult the applicable Election Commission notification and the State Official Gazette, along with current statutory amendments and orders.