Representation of the People Act, 1951

Section 59: Manner of Voting at Elections - Representation of the People Act, 1951

Section 59 lays down the basic method of voting when a poll is held. It requires voting by ballot in the prescribed manner, generally prohibits proxy voting unless the Act expressly permits it, and mandates an open ballot for elections to the Council of States (Rajya Sabha).

Section 59 - Statutory provision

At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and, save as expressly provided by this Act, no votes shall be received by proxy:

Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.

What does voting by ballot mean?

Voting by ballot means casting a vote through the voting procedure prescribed under election law. At Lok Sabha and State Legislative Assembly elections, electronic voting machines (EVMs), with voter-verifiable paper audit trail (VVPAT) arrangements where applicable, are used under the statutory framework, including Section 61A of the Representation of the People Act, 1951 and the Conduct of Elections Rules, 1961. The word ballot in Section 59 does not itself require paper ballot boxes in every election.

Proxy voting: the general prohibition and statutory exception

Section 59 expressly prohibits receiving votes by proxy except where the Act itself provides otherwise. Section 60, read with the applicable election rules, provides special voting procedures for specified categories, including voting by proxy for eligible classified service voters subject to the prescribed conditions. Ordinary electors cannot simply authorise another person to vote for them.

Open ballot for Council of States elections

The proviso to Section 59 requires open ballot voting in elections to fill seats in the Council of States. This differs from the ordinary secret ballot process used in direct elections. The detailed voting and ballot-paper procedure, including requirements applicable to electors who are members of political parties, is governed by the Conduct of Elections Rules, 1961, notably Rule 39AA. Open ballot does not mean that every person or the public can inspect the vote; statutory and procedural limits apply.

Secret ballot and electoral safeguards

For elections other than the express open-ballot exception, the election framework protects secrecy of voting. Section 128 imposes duties concerning maintenance of secrecy by election personnel and others covered by that provision. The prescribed rules govern voter identification, voting equipment, marking, recording and handling of votes. A breach of voting procedure should be assessed under the applicable statute, rules and Election Commission directions.

How Section 59 relates to other provisions

Section 53: when a poll is required in a contested election.
Section 56: fixing the hours of polling by the Election Commission.
Section 60: special voting procedures for specified classes of persons.
Section 61A: voting machines at elections, subject to the statutory provisions.
Section 128: maintaining secrecy of voting.

Frequently asked questions

Is proxy voting allowed in India?

Only where expressly permitted by the Representation of the People Act, 1951 and applicable rules; it is not a general right available to all voters.

Are Rajya Sabha elections held by secret ballot?

No. The proviso to Section 59 specifically requires open ballot for elections to the Council of States.

Does Section 59 prevent electronic voting?

No. Section 59 must be read with Section 61A and the Conduct of Elections Rules, 1961, which provide the legal basis for voting machines in applicable elections.

Official legal sources

This article explains the general statutory framework. The applicable procedure may depend on the type of election, the elector's category and the current rules and Election Commission directions.