The Representation of the People Act `1951

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.
1951
  • 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.