Section 67: Report of the Election Result - Procedure and Gazette Publication

Section 67 of the Representation of the People Act, 1951 deals with reporting an election result after it has been declared. It requires the returning officer to communicate the result to specified authorities and provides for publication of declarations naming elected candidates in the Official Gazette.

Section 67 - Report of the result (statutory provision)

As soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.

Meaning and operation of Section 67

1. Reporting after declaration of the result

The obligation arises after the election result is declared. Under Section 66, the returning officer ordinarily declares the result upon completion of counting, unless the Election Commission directs otherwise. Section 67 then addresses the subsequent official reporting and publication process.

2. Duties of the returning officer

The returning officer is the election official responsible for statutory functions including the declaration and reporting of results. The returning officer must report the declared result to the appropriate authority and the Election Commission. For elections to a House of Parliament or a House of a State Legislature, the result must additionally be reported to the Secretary of that House.

3. Publication in the Official Gazette

The appropriate authority must arrange for publication in the Official Gazette of declarations containing the names of the elected candidates. Gazette publication is a formal public record; it is distinct from the returning officer's declaration of results and from informal media or website reporting of trends.

4. What does 'as soon as may be' mean?

The words 'as soon as may be' require action without avoidable delay after declaration of the result, taking account of the statutory and administrative process. Section 67 does not itself prescribe a fixed number of hours or days for sending the report.

Key legal terms

• Election Commission: the Election Commission of India, the constitutional body responsible for superintendence, direction and control of elections within Article 324 of the Constitution.
• Appropriate authority: the authority identified under the Representation of the People Act, 1951 for the particular election; its identity depends on the statutory definition and the House concerned, rather than being the returning officer in every case.
• Official Gazette: the government gazette used to publish formal statutory notifications and declarations.
• Returning officer: the officer designated under the Act to conduct and administer specified stages of the election, including counting and declaration of the result.

Election result: declaration, reporting and notification

1. Counting: votes are counted under the returning officer's supervision and direction under Section 64, subject to the applicable rules and Election Commission directions.
2. Declaration: the result is declared under Section 66 (or the relevant provision for an uncontested election).
3. Report: under Section 67, the returning officer sends the result to the prescribed recipients.
4. Publication: the appropriate authority causes the names of elected candidates to be published in the Official Gazette.

Related provisions and legal significance

Section 67A separately identifies the date of election of a candidate as the date of declaration by the returning officer under Section 53 or Section 66. Accordingly, the declaration date under Section 67A should not be automatically equated with the later date of Gazette publication under Section 67.

Section 73 addresses publication of results of general elections for the constitution of the relevant House, a distinct statutory process. The Conduct of Elections Rules, 1961 also govern procedural forms, declarations and election records. The scope and consequences of each provision must be assessed separately.

Frequently asked questions

Who reports the election result under Section 67?

The returning officer reports it to the appropriate authority and Election Commission and, for an election to a House of Parliament or State Legislature, to the Secretary of that House.

Who publishes the names of elected candidates?

The appropriate authority causes the relevant declarations to be published in the Official Gazette.

Is the date of Gazette publication necessarily the date of election?

No. Section 67A identifies the candidate's election date by reference to the returning officer's declaration under Section 53 or Section 66, not simply the date of Gazette publication.

Does Section 67 itself prescribe a reporting deadline in days?

No fixed number of days is stated in Section 67. It requires reporting 'as soon as may be' after declaration.

Official resources

For the current statutory text, definitions and the Conduct of Elections Rules, 1961, consult India Code. For election notifications, results, instructions and official publications, refer to the Election Commission of India, the e-Gazette of India and the Legislative Department.