Section 73: Publication of General Election Results for Lok Sabha and State Assemblies
Section 73 of the Representation of the People Act, 1951 (Act 43 of 1951) governs the official publication of results following a general election to the House of the People (Lok Sabha) or a State Legislative Assembly. The notification has an important legal effect: it marks when the newly elected House or Assembly is deemed to be duly constituted.
What does Section 73 provide?
Once the Returning Officers have declared results for the constituencies concerned, the Election Commission of India publishes the names of elected members in the Official Gazette. Elections in constituencies where polling could not take place on the originally fixed date, or where the time for completing the election was extended under Section 153, need not delay this publication.
Upon issuance of the Section 73 notification, the new Lok Sabha or State Legislative Assembly is deemed to be duly constituted, subject to the statutory proviso. This provision distinguishes individual declarations of results from the formal constitution of the elected legislative body.
Essential requirements and legal effect
- General election: The election must be for constituting a new Lok Sabha or State Legislative Assembly.
- Declaration by Returning Officers: Results are declared under Section 53 (uncontested election) or Section 66 (declaration after counting), as applicable.
- Gazette notification: The Election Commission publishes the names of the elected members as soon as practicable after the relevant results are declared.
- Deemed constitution: The notification legally constitutes the new House or Assembly without requiring delayed constituencies to have completed their elections.
Exceptions under the proviso to Section 73
The publication of the notification does not:
- Prevent polling or completion of an election in a constituency where polling could not occur on the original date specified under Section 30(d).
- Prevent completion of an election in a constituency where the Election Commission has extended the time under Section 153.
- Alter the duration of the Lok Sabha or State Legislative Assembly, if any, functioning immediately before the notification.
Meaning of connected statutory provisions
Section 30(d): Date fixed for poll
Section 30 sets out the election timetable. Clause (d) concerns the date or dates on which polling is to take place, if a poll is necessary.
Section 53: Procedure in contested and uncontested elections
Section 53 addresses how the Returning Officer proceeds depending on the number of contesting candidates, including declaring a candidate elected where no poll is necessary.
Section 66: Declaration of result
Section 66 provides for the Returning Officer to declare the election result in the manner prescribed following the counting process.
Section 153: Extension of time
Section 153 empowers the Election Commission, for sufficient reasons, to extend the time for completing an election by notification, subject to statutory restrictions.
Difference between declaring results and constituting the House
A Returning Officer's declaration establishes the result for a particular constituency. The Election Commission's subsequent Gazette notification under Section 73 has a distinct collective effect: the newly elected Lok Sabha or State Legislative Assembly is deemed duly constituted. The proviso ensures that pending polls can still be completed and protects the duration of the outgoing House or Assembly.
Practical point: Section 73 concerns the formal notification and constitution of the legislature. It does not itself decide election disputes or replace the procedure for challenging an election through an election petition under Sections 80 and 80A of the Act.
Official legal sources
Read the Representation of the People Act, 1951 (official legislative text, PDF), or consult the India Code, Election Commission of India and e-Gazette of India for legislation, election information and published notifications.
Frequently asked questions
Does every constituency need to finish polling before the House is constituted?
No. Section 73 expressly accommodates constituencies with postponed polling or an extended election schedule.
Who issues the notification under Section 73?
The Election Commission of India issues the notification in the Official Gazette.
Does a Section 73 notification end the term of the outgoing legislature?
No. The proviso expressly states that the notification does not affect the duration of the previously functioning House or Assembly.