Representation of the People Act, 1951 | Part V - Conduct of Elections | Chapter I - Nomination of Candidates

Section 30: Appointment of Dates for Nominations and Elections

Section 30 of the Representation of the People Act, 1951 (Act 43 of 1951) requires the Election Commission of India to specify the statutory election timetable by notification in the Official Gazette after the notification calling upon a constituency to elect its representative or representatives is issued.

Key rule: The election programme fixes five essential milestones: the final nomination date, scrutiny date, withdrawal deadline, polling date or dates, and the date by which the election must be completed. The first three milestones are calculated under the statutory public-holiday rules.

What does Section 30 provide?

As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint the following dates:

Clause	Election stage	Statutory requirement
(a)	Last date for making nominations	The seventh day after publication of the notification calling for the election; if that day is a public holiday, the next succeeding day that is not a public holiday.
(b)	Scrutiny of nominations	The day immediately following the last date for nominations; if that day is a public holiday, the next succeeding day that is not a public holiday.
(c)	Withdrawal of candidature	The second day after the scrutiny date; if that day is a public holiday, the next succeeding day that is not a public holiday.
(d)	Polling date or dates	The poll, if necessary, must be held on a date, or begin on a date, not earlier than the fourteenth day after the last date for withdrawal of candidatures.
(e)	Completion of election	The Election Commission must specify the date before which the election is to be completed.

Explanation of the statutory election timetable

1. Notification and filing of nominations - Section 30(a)

The schedule begins with the notification calling upon the constituency to elect a member or members. The last date for filing nominations is ordinarily the seventh day after its publication. The date is extended to the next non-public-holiday if the calculated deadline falls on a public holiday. The nomination paper must also comply with the applicable requirements of Section 33 and the Conduct of Elections Rules, 1961.

2. Scrutiny of nomination papers - Section 30(b)

Scrutiny is ordinarily conducted on the next day after the nomination deadline. The public-holiday adjustment applies independently. Under Section 36, the returning officer examines nominations and determines their validity in accordance with the Act.

3. Withdrawal of candidature - Section 30(c)

The last date for withdrawal is the second day after the scrutiny date, subject to adjustment for a public holiday. Section 37 governs the notice and procedure for withdrawal of candidature.

4. Polling and completion - Sections 30(d) and 30(e)

Where a poll is required, its date, or the first polling date in a multi-phase election, cannot be earlier than the fourteenth day after the withdrawal deadline. The Commission must also notify a date before which the election is to be completed. These statutory limits are distinct from the actual election dates published for a particular constituency.

Meaning of public holiday

For the purposes of this timetable, Section 2(1)(h) of the Act defines a public holiday as a day that is a public holiday for the purposes of Section 25 of the Negotiable Instruments Act, 1881. Whether a particular date qualifies must be assessed under the applicable legal notifications and the election schedule.

Related provisions

Section 31 requires the returning officer to give public notice inviting nominations after notification under Section 30. Section 33 regulates presentation of nomination papers, Section 36 scrutiny, Section 37 withdrawal, and Section 38 publication of the list of contesting candidates. The dates notified for an individual election must be read alongside these provisions and the Conduct of Elections Rules, 1961.

Frequently asked questions

Who announces nomination and polling dates?

The Election Commission appoints the statutory dates by notification in the Official Gazette under Section 30.

Does a holiday affect the polling date?

Section 30 expressly provides public-holiday adjustments for nomination, scrutiny and withdrawal deadlines. The polling date is fixed separately subject to the minimum interval specified in clause (d).

Can nominations be submitted after the notified deadline?

The nomination must be delivered within the time and manner prescribed under Section 33, by the last date fixed under Section 30(a), including any applicable statutory holiday adjustment.

Official legal sources

For an actual election, consult the relevant Election Commission notification and any subsequent lawful modification to the notified programme.