Representation of the People Act

An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

Act Id	195143
Act Number	43
Enactment Date	1951-07-17
Act Year	1951
Ministry	Ministry of Law and Justice
Enforcement Date	17-07-1951

PRELIMINARY
- 1 Short title
- 2 Interpretation
CHAPTER I.--Qualifications for Membership of Parliament
- 3 Qualification for membership of the Council of States
- 4 Qualifications for membership of the House of the People
CHAPTER II.--Qualifications for Membership of State Legislatures
- 5 Qualifications for membership of a Legislative Assembly
- 5A Qualifications for membership of Legislative Assembly of Sikkim
- 6 Qualifications for membership of a Legislative Council
CHAPTER III.--Disqualifications for Membership of Parliament and State Legislatures
- 7 Definitions
- 8 Disqualification on conviction for certain offences
- 8A Disqualification on ground of corrupt practices
- 9 Disqualification for dismissal for corruption or disloyalty
- 9A Disqualification for Government contracts, etc
- 10 Disqualification for office under Government company
- 10A Disqualification for failure to lodge account of election expenses
- 11 Removal or reduction of period of disqualification
CHAPTER IV.--Disqualifications for voting
- 11A Disqualification arising out of conviction and corrupt practices
- 11B Removal of disqualifications
NOTIFICATION OF GENERAL ELECTIONS
- 12 Notification for biennial election to the Council of States
- 12A Notification for election to fill the seat allotted to the State of Sikkim in the Council of States
- 13 [Omitted.]
- 14 Notification for general election to the House of the People
- 14A Notification for electing the representative of the State of Sikkim to the existing House of the people
- 15 Notification for general election to a State Legislative Assembly
- 15A Notification for certain elections to Legislative Councils
- 16 Notification for biennial elections to a State Legislative Council
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
- 19 Definition
- 19A Delegation of functions of Election Commission
- 20 General duties of chief electoral officers
- 20A General duties of district election officer
- 20B Observers
- 21 Returning officers
- 22 Assistant returning officers
- 23 Returning officer to include assistant returning officers performing the functions of the returning officer
- 24 General duty of the returning officer
- 25 Provision of polling stations for constituencies
- 26 Appointment of presiding officers for polling stations
- 27 General duty of the presiding officer
- 28 Duties of a polling officer
- 28A Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission
- 29 Special provisions in the case of certain elections
REGISTRATION OF POLITICAL PARTIES
- 29A Registration with the Election Commission of associations and bodies as political parties
- 29B Political parties entitled to accept contribution
- 29C Declaration of donation received by the political parties
CHAPTER I.--Nomination of Candidates
- 30 Appointment of dates for nominations, etc
- 31 Public notice of election
- 32 Nomination of candidates for election
- 33 Presentation of nomination paper and requirement for a valid nomination
- 33A Right to information
- 33B Candidate to furnish information only under the Act and the rules
- 34 Deposits
- 35 Notice of nominations and the time and place for their scrutiny
- 36 Scrutiny of nominations
- 37 Withdrawal of candidature
- 38 Publication of list of contesting candidates
- 39 Nomination of candidates at other elections
- 39A Allocation of equitable sharing of time
CHAPTER II.--Candidates and their Agent
- 40 Election agents
- 41 Disqualification for being an election agent
- 42 Revocation of the appointment, or death, of an election agent
- 43 [Omitted.]
- 44 [Omitted.]
- 45 Functions of election agents
- 46 Appointment of polling agents
- 47 Appointment of counting agents
- 48 Revocation of the appointment or death of a polling agent or counting agent
- 49 Functions of polling agents and counting agents
- 50 Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
- 51 Non-attendance of polling or counting agents
CHAPTER III.--General Procedure at Elections
- 52 Death of candidate of recognised Political Party before Poll
- 53 Procedure in contested and uncontested elections
- 54 [Omitted.]
- 55 Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
- 55A [Omitted.]
CHAPTER IV.--The Poll
- 56 Fixing time for poll
- 57 Adjournment of poll in emergencies
- 58 Fresh poll in the case of destruction, etc., of ballot boxes
- 58A Adjournment of poll or countermanding of election on the ground of booth capturing
- 59 Manner of voting at elections
- 60 Special procedure for voting by certain classes of persons
- 61 Special procedure for preventing personation of electors
- 61A Voting machines at elections
- 62 Right to vote
- 63 [Omitted.]
CHAPTER V.--Counting of Votes
- 64 Counting of votes
- 64A Destruction, loss, etc., of ballot papers at the time of counting
- 65 Equality of votes
- 66 Declaration of results
- 67 Report of the result
- 67A Date of election of candidate
CHAPTER VI.--Multiple Elections
- 68 Vacation of seats when elected to both Houses of Parliament
- 69 Vacation of seats by persons already members of one House on election to other House of Parliament
- 70 Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
CHAPTER VII.--Publication of Election Results and Nominations
- 71 Publication of results of elections to the Council of States and of names of persons nominated by the President
- 72 [Omitted.]
- 73 Publication of results of general elections to the House of the People and the State Legislative Assemblies
- 73A Special provisions as to certain elections
- 74 Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
CHAPTER VIIA.--Declaration of Assets and Liabilities
- 75A Declaration of assets and liabilities
CHAPTER VIII.--Election Expenses
- 76 Application of Chapter
- 77 Account of election expenses and maximum thereof
- 78 Lodging of account with the district election officer
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES
- 78A Free supply of copies of electoral rolls
- 78B Supply of certain items to candidates, etc
CHAPTER I.--Interpretation
- 79 Definitions
CHAPTER II.--Presentation of Election Petitions to Election Commission
- 80 Election petitions
- 80A High Court to try election petitions
- 81 Presentation of petitions
- 82 Parties to the petition
- 83 Contents of petition
- 84 Relief that may be claimed by the petitioner
- 85 [Omitted.]
CHAPTER III.--Trial of Election Petitions
- 86 Trial of election petitions
- 87 Procedure before the High Court
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed
- 98 Decision of the High Court
- 99 Other orders to be made by the High Court
- 100 Grounds for declaring election to be void
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.]
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court
CHAPTER IV.--Withdrawal and Abatement of Election Petitions
- 108 [Omitted.]
- 109 Withdrawal of election petitions
- 110 Procedure for withdrawal of election petitions
- 111 Report of withdrawal by the High Court to the Election Commission
- 112 Abatement of election petitions
- 116 Abatement or substitution on death of respondent
CHAPTER IVA.--Appeals
- 116A Appeals to Supreme Court
- 116B Stay of operation of order of High Court
- 116C Procedure in appeal
CHAPTER V.--Costs and Security for Costs
- 117 Security for costs
- 118 Security for costs from a respondent
- 119 Costs
- 121 Payment of costs out of security deposits and return of such deposits
- 122 Execution of orders as to costs
CHAPTER I.--Corrupt Practices
- 123 Corrupt practices
CHAPTER III.--Electoral Offences
- 125 Promoting enmity between classes in connection with election
- 125A Penalty for filing false affidavit, et
- 126 Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
- 126A Restriction on publication and dissemination of result of exit polls, etc
- 126B Offences by companies
- 127 Disturbances at election meetings
- 127A Restrictions on the printing of pamphlets, posters, etc
- 128 Maintenance of Secrecy of voting
- 129 Officers, etc., at elections not to act for candidates or to influence voting
- 130 Prohibition of canvassing in or near polling stations
- 131 Penalty for disorderly conduct in or near polling stations
- 132 Penalty for misconduct at the polling station
- 132A Penalty for failure to observe procedure for voting
- 133 Penalty for illegal hiring or procuring of conveyance at elections
- 134 Breaches of official duty in connection with elections
- 134A Penalty for Government servants for acting as election agent, polling agent or counting agen
- 134B Prohibition of going armed to or near a polling station
- 135 Removal of ballot papers from polling station to be an offence
- 135A Offence of booth capturing
- 135B Grant of paid holiday to employees on the day of pol
- 135C Liquor not to be sold, given or distributed on polling da
- 136 Other offences and penalties therefor
- 137 Omitted.
- 138 Repealed.
CHAPTER I .--DISQUALIFICATIONS FOR MEMBERSHIP
- 139 Omitted.
- 140 Omitted
- 140A Omitted.
CHAPTER II.--DISQUALIFICATIONS FOR VOTING
- 141 Omitted.
- 142 Omitted.
- 143 Omitted.
- 144 Omitted.
CHAPTER III.--OTHER DISQUALIFICATIONS
- 145 Omitted.
CHAPTER IV.--Powers of Election Commission in connection with inquiries as to disqualifications of Members
- 146 Powers of Election Commission
- 146A Statements made by persons to the Election Commissio
- 146B Procedure to be followed by the Election Commissio
- 146C Protection of action taken in good faith
BYE-ELECTIONS
- 147 Casual vacancies in the Council of States
- 148 Omitted.
- 149 Casual vacancies in the House of the People
- 150 Casual vacancies in the State Legislative Assemblie
- 151 Casual vacancies in the State Legislative Councils
- 151A Time limit for filling vacancies referred to in sections 147, 149, 150 and 151
MISCELLANEOUS
- 152 List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned
- 153 Extension of time for completion of election
- 154 Term of office of members of the Council of States
- 155 Commencement of the term of office of members of the Council of States
- 156 Term of office of members of State Legislative Councils
- 157 Commencement of the term of office of members of the Legislative Councils
- 158 Return or forfeiture of candidate’s deposit
- 159 Staff or certain authorities to be made available for election wor
- 160 Requisitioning of premises, vehicles, etc., for election purposes
- 161 Payment of compensatio
- 162 Power to obtain informatio
- 163 Powers of entry into and inspection of premises, et
- 164 Eviction from requisitioned premises
- 165 Release of premises from requisition
- 166 Delegation of functions of the State Government with regard to requisitioning
- 167 Penalty for contravention of any order regarding requisitioning
- 168 Omitted.
GENERAL
- 169 Power to make rules
- 170 Jurisdiction of civil courts barred
- 171 Repealed.

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