Representation of the People Act, 1951 | Part VA

Section 78A: Free Supply of Copies of Electoral Rolls

Section 78A of the Representation of the People Act, 1951 provides for the free supply of finally published electoral rolls and prescribed election materials to candidates of recognised political parties in elections to the Lok Sabha and State Legislative Assemblies. It also regulates how and through whom those materials are supplied.

Purpose and scope of Section 78A

Part VA of the Act concerns the free supply of certain materials to candidates of recognised political parties. The provision applies to elections held to constitute the House of the People (Lok Sabha) or the Legislative Assembly of a State. It does not itself create the same entitlement for every independent candidate or candidate of an unrecognised party.

Section 78A: statutory provision

STATUTE

(1) The Government shall, at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply, free of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material as may be prescribed.

(2) The material referred to in sub-section (1) shall be supplied,-

(i) subject to such conditions as may be imposed by the Central Government in consultation with the Election Commission with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77; and

(ii) through such officers as may be specified by the Election Commission who shall act in accordance with such general or special directions as may be given by the Election Commission.

Explanation of the legal requirements

1. Free copies of the final electoral roll

Under sub-section (1), the Government must provide the prescribed number of copies of the electoral roll as finally published under the Representation of the People Act, 1950, along with such other material as may be prescribed. An electoral roll is the official register of persons enrolled as electors for the relevant constituency. The precise number and form of copies and additional materials depend on applicable rules and Election Commission directions; the Act itself does not specify a universal fixed quantity.

2. Conditions relating to election expenditure

Sub-section (2)(i) permits the Central Government, in consultation with the Election Commission of India, to impose conditions concerning a reduction of the maximum expenditure permitted under Section 77. Such a reduction is subject to the conditions actually imposed; it should not be assumed to apply automatically in every case.

3. Designated officers and Election Commission directions

Under sub-section (2)(ii), the materials are supplied through officers specified by the Election Commission. Those officers must comply with the Commission's general or special directions. Candidates should follow the instructions issued for their particular election by the relevant election authorities.

Section 78B deals with the supply of certain items to candidates, while Section 77 addresses election expenditure accounts and the prescribed maximum. Electoral roll preparation and final publication are governed principally by the Representation of the People Act, 1950 and the applicable registration rules.

Official references

For a specific election, consult the latest applicable rules, notifications and instructions of the Election Commission and the concerned Chief Electoral Officer.