The 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.1951
List of Chapters & Sections
PRELIMINARY
CHAPTER I.--Qualifications for Membership of Parliament
CHAPTER II.--Qualifications for Membership of State Legislatures
CHAPTER III.--Disqualifications for Membership of Parliament and State Legislatures
CHAPTER IV.--Disqualifications for voting
NOTIFICATION OF GENERAL ELECTIONS
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
REGISTRATION OF POLITICAL PARTIES
CHAPTER I.--Nomination of Candidates
CHAPTER II.--Candidates and their Agent
CHAPTER III.--General Procedure at Elections
CHAPTER IV.--The Poll
CHAPTER V.--Counting of Votes
CHAPTER VI.--Multiple Elections
CHAPTER VII.--Publication of Election Results and Nominations
CHAPTER VIIA.--Declaration of Assets and Liabilities
CHAPTER VIII.--Election Expenses
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES
CHAPTER I.--Interpretation
CHAPTER II.--Presentation of Election Petitions to Election Commission
CHAPTER III.--Trial of Election Petitions
CHAPTER IV.--Withdrawal and Abatement of Election Petitions
CHAPTER IVA.--Appeals
CHAPTER V.--Costs and Security for Costs
CHAPTER I.--Corrupt Practices
CHAPTER III.--Electoral Offences
CHAPTER I .--DISQUALIFICATIONS FOR MEMBERSHIP
CHAPTER II.--DISQUALIFICATIONS FOR VOTING
CHAPTER III.--OTHER DISQUALIFICATIONS
CHAPTER IV.--Powers of Election Commission in connection with inquiries as to disqualifications of Members
BYE-ELECTIONS
MISCELLANEOUS
GENERAL
PRELIMINARY
CHAPTER I.--Qualifications for Membership of Parliament
CHAPTER II.--Qualifications for Membership of State Legislatures
CHAPTER III.--Disqualifications for Membership of Parliament and State Legislatures
7Definitions8Disqualification on conviction for certain offences8ADisqualification on ground of corrupt practices9Disqualification for dismissal for corruption or disloyalty9ADisqualification for Government contracts, etc10Disqualification for office under Government company10ADisqualification for failure to lodge account of election expenses11Removal or reduction of period of disqualificationCHAPTER IV.--Disqualifications for voting
NOTIFICATION OF GENERAL ELECTIONS
12Notification for biennial election to the Council of States12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States13[Omitted.]14Notification for general election to the House of the People14ANotification for electing the representative of the State of Sikkim to the existing House of the people15Notification for general election to a State Legislative Assembly15ANotification for certain elections to Legislative Councils16Notification for biennial elections to a State Legislative CouncilADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
19Definition19ADelegation of functions of Election Commission20General duties of chief electoral officers20AGeneral duties of district election officer20BObservers21Returning officers22Assistant returning officers23Returning officer to include assistant returning officers performing the functions of the returning officer24General duty of the returning officer25Provision of polling stations for constituencies26Appointment of presiding officers for polling stations27General duty of the presiding officer28Duties of a polling officer28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission29Special provisions in the case of certain electionsREGISTRATION OF POLITICAL PARTIES
CHAPTER I.--Nomination of Candidates
30Appointment of dates for nominations, etc31Public notice of election32Nomination of candidates for election33Presentation of nomination paper and requirement for a valid nomination33ARight to information33BCandidate to furnish information only under the Act and the rules34Deposits35Notice of nominations and the time and place for their scrutiny36Scrutiny of nominations37Withdrawal of candidature38Publication of list of contesting candidates39Nomination of candidates at other elections39AAllocation of equitable sharing of timeCHAPTER II.--Candidates and their Agent
40Election agents41Disqualification for being an election agent42Revocation of the appointment, or death, of an election agent43[Omitted.]44[Omitted.]45Functions of election agents46Appointment of polling agents47Appointment of counting agents48Revocation of the appointment or death of a polling agent or counting agent49Functions of polling agents and counting agents50Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent51Non-attendance of polling or counting agentsCHAPTER III.--General Procedure at Elections
CHAPTER IV.--The Poll
56Fixing time for poll57Adjournment of poll in emergencies58Fresh poll in the case of destruction, etc., of ballot boxes58AAdjournment of poll or countermanding of election on the ground of booth capturing59Manner of voting at elections60Special procedure for voting by certain classes of persons61Special procedure for preventing personation of electors61AVoting machines at elections62Right to vote63[Omitted.]CHAPTER V.--Counting of Votes
CHAPTER VI.--Multiple Elections
CHAPTER VII.--Publication of Election Results and Nominations
71Publication of results of elections to the Council of States and of names of persons nominated by the President72[Omitted.]73Publication of results of general elections to the House of the People and the State Legislative Assemblies73ASpecial provisions as to certain elections74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such CouncilsCHAPTER VIIA.--Declaration of Assets and Liabilities
CHAPTER VIII.--Election Expenses
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES
CHAPTER I.--Interpretation
CHAPTER II.--Presentation of Election Petitions to Election Commission
CHAPTER III.--Trial of Election Petitions
86Trial of election petitions87Procedure before the High Court93Documentary evidence94Secrecy of voting not to be infringed95Answering of criminating questions and certificate of indemnity96Expenses of witnesses97Recrimination when seat claimed98Decision of the High Court99Other orders to be made by the High Court100Grounds for declaring election to be void101Grounds for which a candidate other than the returned candidate may be declared to have been elected102Procedure in case of an equality of votes103Communication of orders of the High Court104[Omitted.]105[Omitted.]106Transmission of order to the appropriate authority, etc., and its publication107Effect of orders of the High CourtCHAPTER IV.--Withdrawal and Abatement of Election Petitions
CHAPTER IVA.--Appeals
CHAPTER V.--Costs and Security for Costs
CHAPTER I.--Corrupt Practices
CHAPTER III.--Electoral Offences
125Promoting enmity between classes in connection with election125APenalty for filing false affidavit, et126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll126ARestriction on publication and dissemination of result of exit polls, etc126BOffences by companies127Disturbances at election meetings127ARestrictions on the printing of pamphlets, posters, etc128Maintenance of Secrecy of voting129Officers, etc., at elections not to act for candidates or to influence voting130Prohibition of canvassing in or near polling stations131Penalty for disorderly conduct in or near polling stations132Penalty for misconduct at the polling station132APenalty for failure to observe procedure for voting133Penalty for illegal hiring or procuring of conveyance at elections134Breaches of official duty in connection with elections134APenalty for Government servants for acting as election agent, polling agent or counting agen134BProhibition of going armed to or near a polling station135Removal of ballot papers from polling station to be an offence135AOffence of booth capturing135BGrant of paid holiday to employees on the day of pol135CLiquor not to be sold, given or distributed on polling da136Other offences and penalties therefor137Omitted.138Repealed.CHAPTER I .--DISQUALIFICATIONS FOR MEMBERSHIP
CHAPTER II.--DISQUALIFICATIONS FOR VOTING
CHAPTER III.--OTHER DISQUALIFICATIONS
CHAPTER IV.--Powers of Election Commission in connection with inquiries as to disqualifications of Members
BYE-ELECTIONS
MISCELLANEOUS
152List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned153Extension of time for completion of election154Term of office of members of the Council of States155Commencement of the term of office of members of the Council of States156Term of office of members of State Legislative Councils157Commencement of the term of office of members of the Legislative Councils158Return or forfeiture of candidate’s deposit159Staff or certain authorities to be made available for election wor160Requisitioning of premises, vehicles, etc., for election purposes161Payment of compensatio162Power to obtain informatio163Powers of entry into and inspection of premises, et164Eviction from requisitioned premises165Release of premises from requisition166Delegation of functions of the State Government with regard to requisitioning167Penalty for contravention of any order regarding requisitioning168Omitted.GENERAL