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The Representation of the People Act, 1951

Central

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 number
43 of 1951
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
17 Jul 1951

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

205 sections

  1. Section 1Short title.
  2. Section 2Interpretation.
  3. Section 3Qualification for membership of the Council of States.
  4. Section 4Qualifications for membership of the House of the People.
  5. Section 5Qualifications for membership of a Legislative Assembly.
  6. Section 5AQualifications for membership of Legislative Assembly of Sikkim.
  7. Section 6Qualifications for membership of a Legislative Council.
  8. Section 7Definitions.
  9. Section 8Disqualification on conviction for certain offences.
  10. Section 8ADisqualification on ground of corrupt practices.
  11. Section 9Disqualification for dismissal for corruption or disloyalty.
  12. Section 9ADisqualification for Government contracts, etc.
  13. Section 10Disqualification for office under Government company.
  14. Section 10ADisqualification for failure to lodge account of election expenses.
  15. Section 11Removal or reduction of period of disqualification.
  16. Section 11ADisqualification arising out of conviction and corrupt practices.
  17. Section 11BRemoval of disqualifications.
  18. Section 12Notification for biennial election to the Council of States.
  19. Section 12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States.
  20. Section 13[Omitted.].
  21. Section 14Notification for general election to the House of the People.
  22. Section 14ANotification for electing the representative of the State of Sikkim to the existing House of the people.
  23. Section 15Notification for general election to a State Legislative Assembly.
  24. Section 15ANotification for certain elections to Legislative Councils.
  25. Section 16Notification for biennial election to a State Legislative Council.
  26. Section 19Definition.
  27. Section 19ADelegation of functions of Election Commission.
  28. Section 20General duties of chief electoral officers.
  29. Section 20AGeneral duties of district election officer.
  30. Section 20BObservers.
  31. Section 21Returning officers.
  32. Section 22Assistant returning officers.
  33. Section 23Returning officer to include assistant returning officers performing the functions of the returning officer.
  34. Section 24General duty of the returning officer.
  35. Section 25Provision of polling stations for constituencies.
  36. Section 26Appointment of presiding officers for polling stations.
  37. Section 27General duty of the presiding officer.
  38. Section 28Duties of a polling officer.
  39. Section 28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission.
  40. Section 29Special provisions in the case of certain elections.
  41. Section 29ARegistration with the Election Commission of associations and bodies as political parties.
  42. Section 29BPolitical parties entitled to accept contribution.
  43. Section 29CDeclaration of donation received by the political parties.
  44. Section 30Appointment of dates for nominations, etc.
  45. Section 31Public notice of election.
  46. Section 32Nomination of candidates for election.
  47. Section 33Presentation of nomination paper and requirement for a valid nomination.
  48. Section 33ARight to information.
  49. Section 33BCandidate to furnish information only under the Act and the rules.
  50. Section 34Deposits.
  51. Section 35Notice of nominations and the time and place for their scrutiny.
  52. Section 36Scrutiny of nominations.
  53. Section 37Withdrawal of candidature.
  54. Section 38Publication of list of contesting candidates.
  55. Section 39Nomination of candidates at other elections.
  56. Section 39AAllocation of equitable sharing of time.
  57. Section 40Election agents.
  58. Section 41Disqualification for being an election agent.
  59. Section 42Revocation of the appointment, or death, of an election agent.
  60. Section 43[Omitted.].
  61. Section 44[Omitted.].
  62. Section 45Functions of election agents.
  63. Section 46Appointment of polling agents.
  64. Section 47Appointment of counting agents.
  65. Section 48Revocation of the appointment, or death of a polling agent or counting agent.
  66. Section 49Functions of polling agents and counting agents.
  67. Section 50Attendance 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.
  68. Section 51Non-attendance of polling or counting agents.
  69. Section 52Death of candidate of recognised Political Party before Poll.
  70. Section 53Procedure in contested and uncontested elections.
  71. Section 54[Omitted.].
  72. Section 55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.
  73. Section 55A[Omitted.].
  74. Section 56Fixing time for poll.
  75. Section 57Adjournment of poll in emergencies.
  76. Section 58Fresh poll in the case of destruction, etc., of ballot boxes.
  77. Section 58AAdjournment of poll or countermanding of election on the ground of booth capturing.
  78. Section 59Manner of voting at elections.
  79. Section 60Special procedure for voting by certain classes of persons.
  80. Section 61Special procedure for preventing personation of electors.
  81. Section 61AVoting machines at elections.
  82. Section 62Right to vote.
  83. Section 63[Omitted.].
  84. Section 64Counting of votes.
  85. Section 64ADestruction, loss, etc., of ballot papers at the time of counting.
  86. Section 65Equality of votes.
  87. Section 66Declaration of results.
  88. Section 67Report of the result.
  89. Section 67ADate of election of candidate.
  90. Section 68Vacation of seats when elected to both Houses of Parliament.
  91. Section 69Vacation of seats by persons already members of one House on election to other House of Parliament.
  92. Section 70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State.
  93. Section 71Publication of results of elections to the Council of States and of names of persons nominated by the President.
  94. Section 72[Omitted.].
  95. Section 73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto.
  96. Section 73ASpecial provisions as to certain elections.
  97. Section 74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils.
  98. Section 75ADeclaration of assets and liabilities.
  99. Section 76Application of Chapter.
  100. Section 77Account of election expenses and maximum thereof.
  101. Section 78Lodging of account with the district election officer.
  102. Section 78AFree supply of copies of electoral rolls.
  103. Section 78BSupply of certain items to candidates, etc.
  104. Section 79Definitions.
  105. Section 80Election petitions.
  106. Section 80AHigh Court to try election petitions.
  107. Section 81Presentation of petitions.
  108. Section 82Parties to the petition.
  109. Section 83Contents of petition.
  110. Section 84Relief that may be claimed by the petitioner.
  111. Section 85[Omitted.].
  112. Section 86Trial of election petitions.
  113. Section 87Procedure before the High Court.
  114. Section 93Documentary evidence.
  115. Section 94Secrecy of voting not to be infringed.
  116. Section 95Answering of criminating questions and certificate of indemnity.
  117. Section 96Expenses of witnesses.
  118. Section 97Recrimination when seat claimed.
  119. Section 98Decision of the High Court.
  120. Section 99Other orders to be made by the High Court.
  121. Section 100Grounds for declaring election to be void.
  122. Section 101Grounds for which a candidate other than the returned candidate may be declared to have been elected.
  123. Section 102Procedure in case of an equality of votes.
  124. Section 103Communication of orders of the High Court.
  125. Section 104[Omitted.].
  126. Section 105[Omitted.].
  127. Section 106Transmission of order to the appropriate authority, etc., and its publication.
  128. Section 107Effect of orders of the High Court.
  129. Section 108[Omitted.].
  130. Section 109Withdrawal of election petitions.
  131. Section 110Procedure for withdrawal of election petitions.
  132. Section 111Report of withdrawal by the High Court to the Election Commission.
  133. Section 112Abatement of election petitions.
  134. Section 116Abatement or substitution on death of respondent.
  135. Section 116AAppeals to Supreme Court.
  136. Section 116BStay of operation of order of High Court.
  137. Section 116CProcedure in appeal.
  138. Section 117Security for costs.
  139. Section 118Security for costs from a respondent.
  140. Section 119Costs.
  141. Section 121Payment of costs out of security deposits and return of such deposits.
  142. Section 122Execution of orders as to costs.
  143. Section 123Corrupt practices.
  144. Section 125Promoting enmity between classes in connection with election.
  145. Section 125APenalty for filing false affidavit, etc
  146. Section 126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.
  147. Section 126ARestriction on publication and dissemination of result of exit polls, etc.
  148. Section 126BOffences by companies.
  149. Section 127Disturbances at election meetings.
  150. Section 127ARestrictions on the printing of pamphlets, posters, etc.
  151. Section 128Maintenance of Secrecy of voting.
  152. Section 129Officers, etc., at elections not to act for candidates or to influence voting.
  153. Section 130Prohibition of canvassing in or near polling stations.
  154. Section 131Penalty for disorderly conduct in or near polling stations.
  155. Section 132Penalty for misconduct at the polling station.
  156. Section 132APenalty for failure to observe procedure for voting.
  157. Section 133Penalty for illegal hiring or procuring of conveyance at elections.
  158. Section 134Breaches of official duty in connection with elections.
  159. Section 134APenalty for Government servants for acting as election agent, polling agent or counting agent
  160. Section 134BProhibition of going armed to or near a polling station.
  161. Section 135Removal of ballot papers from polling station to be an offence.
  162. Section 135AOffence of booth capturing.
  163. Section 135BGrant of paid holiday to employees on the day of poll
  164. Section 135CLiquor not to be sold, given or distributed on polling day
  165. Section 136Other offences and penalties therefor.
  166. Section 137Omitted..
  167. Section 138Repealed..
  168. Section 139Omitted..
  169. Section 140Omitted.
  170. Section 140AOmitted..
  171. Section 141Omitted..
  172. Section 142Omitted..
  173. Section 143Omitted..
  174. Section 144Omitted..
  175. Section 145Omitted..
  176. Section 146Powers of Election Commission.
  177. Section 146AStatements made by persons to the Election Commission
  178. Section 146BProcedure to be followed by the Election Commission
  179. Section 146CProtection of action taken in good faith.
  180. Section 147Casual vacancies in the Council of States.
  181. Section 148Omitted..
  182. Section 149Casual vacancies in the House of the People.
  183. Section 150Casual vacancies in the State Legislative Assemblies
  184. Section 151Casual vacancies in the State Legislative Councils.
  185. Section 151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151.
  186. Section 152List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned.
  187. Section 153Extension of time for completion of election.
  188. Section 154Term of office of members of the Council of States.
  189. Section 155Commencement of the term of office of members of the Council of States.
  190. Section 156Term of office of members of State Legislative Councils.
  191. Section 157Commencement of the term of office of members of the Legislative Councils.
  192. Section 158Return or forfeiture of candidate’s deposit.
  193. Section 159Staff or certain authorities to be made available for election work
  194. Section 160Requisitioning of premises, vehicles, etc., for election purposes.
  195. Section 161Payment of compensation
  196. Section 162Power to obtain information
  197. Section 163Powers of entry into and inspection of premises, etc
  198. Section 164Eviction from requisitioned premises.
  199. Section 165Release of premises from requisition.
  200. Section 166Delegation of functions of the State Government with regard to requisitioning.
  201. Section 167Penalty for contravention of any order regarding requisitioning.
  202. Section 168Omitted..
  203. Section 169Power to make rules.
  204. Section 170Jurisdiction of civil courts barred.
  205. Section 171Repealed..