Representation of the People Act, 1951 / Conduct of elections / Counting of votes
Section 66 of the RP Act, 1951: Declaration of Election Results
Section 66 of the Representation of the People Act, 1951 governs the declaration of an election result after counting is complete. It requires the Returning Officer to declare the result promptly, subject to any contrary direction from the Election Commission of India and the procedure prescribed by election law.
Text of Section 66 - Declaration of results
When the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
Meaning and legal effect of Section 66
Counting completed: The votes have been counted in accordance with the applicable rules, and any legally permissible counting-related steps, including consideration of a recount request, have been dealt with.
Returning Officer: The election official responsible for conducting the election in the constituency, supervising the count and declaring the result in the prescribed manner. Section 64 places the counting under the Returning Officer's supervision and direction.
Forthwith: The declaration must follow without avoidable delay once the legal prerequisites have been met; the word does not remove the Returning Officer's duty to comply with the counting rules or an Election Commission direction.
Election Commission direction: Section 66 expressly makes the ordinary duty to declare results subject to a direction to the contrary from the Election Commission, including directions arising from circumstances requiring examination under the Act.
Procedure after counting of votes
- Complete the count: The Returning Officer oversees counting of votes cast through the applicable voting system and completes the prescribed records.
- Address counting objections: Where applicable, requests for recount are dealt with under Rule 63 of the Conduct of Elections Rules, 1961, before the result is finalised.
- Ascertain the successful candidate: The prescribed rules govern the final count, including special situations such as equality of votes under Section 65.
- Declare the result: Unless the Election Commission has directed otherwise, the Returning Officer declares the result under Section 66 and the relevant provisions of the Conduct of Elections Rules, 1961.
- Complete post-declaration steps: Reporting and publication follow the provisions applicable to the particular election, including Sections 67 and 67A where relevant.
Related provisions of the Representation of the People Act, 1951
| Provision | Purpose |
|---|---|
| Section 64 | Counting is carried out by or under the supervision and direction of the Returning Officer, with specified persons entitled to be present. |
| Section 64A | Addresses destruction, loss, removal or tampering with ballot papers before counting is completed and the Election Commission's response. |
| Section 65 | Resolves a qualifying tie between candidates by drawing lots. |
| Section 66 | Declaration of the result upon completion of counting, subject to Commission directions. |
| Section 67 | Reporting and publication of the election result. |
| Section 67A | Determines the date on which a candidate is deemed to have been elected. |
Recount and formal declaration
Under Rule 63 of the Conduct of Elections Rules, 1961, a candidate or, in the circumstances specified by the rule, the election agent or counting agent may request a recount in writing stating the grounds. The Returning Officer must consider the request and may allow it wholly or in part, or reject it if frivolous or unreasonable, recording reasons as required. The procedure differs for particular election and voting arrangements; the applicable rules and Commission instructions must be checked.
The formal declaration is not a substitute for compliance with statutory counting safeguards. Conversely, an allegation or objection does not by itself automatically prevent a declaration: the Returning Officer must act under the Act, Rules and binding directions.
Frequently asked questions
Who declares an election result?
The Returning Officer declares the result in accordance with Section 66 and the applicable rules, unless the Election Commission directs otherwise.
Can an election result be declared before counting is completed?
Section 66 contemplates declaration after completion of counting, subject to the statutory and procedural requirements.
What happens if two candidates receive equal votes?
Where the statutory conditions are satisfied, Section 65 requires the Returning Officer to decide the tie by lot and proceed as though the candidate selected received an additional vote.
Is declaration the same as publication of results?
No. Section 66 deals with the Returning Officer's declaration, while Section 67 deals with the subsequent report and publication requirements.
Official legal sources
- Representation of the People Act, 1951 - India Code (official PDF)
- India Code - Central legislation and rules
- Election Commission of India - official instructions and election information
- Legislative Department, Ministry of Law and Justice
The Act should be read with the Conduct of Elections Rules, 1961 and the directions applicable to the election concerned.