This Act may be called the Representation of the People Act, 1951.
(1) In this Act, unless the context otherwise requires,
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
1[3. Qualification for membership of the Council of States.] A person shall not be qualified to be chosen as a representative of any State 2 *** or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 3 [in India]].
A person shall not be qualified to be chosen to fill a seat in the House of the People 1*** 2***, unless--
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless—
1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
(1) A person shall not be qualifled to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.
1[7. Definitions.-- In this Chapter,--
1[(1) A person convicted of an offence punishable under--
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period:
(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.
A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.
A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share.
If the Election Commission is satisfied that a person
The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter 1[(except under section 8A)] or reduce the period of any such disqualification.
1[11A. Disqualification arising out of conviction and corrupt practices.-- 2[(1)] If any person, after the commencement of this Act,--
1[11B. Removal of disqualifications.--The Election Commission may, for reasons to be recorded, remove 2[any disqualification under sub-section (1) of section 11A].]
1[12. Notification for biennial election to the Council of States.--For the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President shall by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly or as the case may be, the members of the electoral college, of each State concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:
1[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States.--For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.]
[1[Notification for reconstitution of electoral colleges of certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).]
1[14. Notification for general election to the House of the People.--((1) A general election shall be held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.
1[2[14A. Notification for electing the representative of the State of Sikkim to the existing House of the People.--For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders make thereunder, as are applicable to the election of the members of the Council of States.]
1[15. Notification for general election to a State Legislative Assembly.--(1) A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution.
1[15A. Notification for certain elections to Legislative Councils.--For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh 2[under the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006)], 3[and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] 4[and constituting the Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.]
1[16. Notification for biennial election to a State Legislative Council.--For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor 2*** shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:
In this Part and in Part V, unless the context otherwise requires, "constituency" means 1*** Parliamentary constituency or an Assembly constituency or a Council constituency.
1[19A. Delegation of functions of Election Commission.--The functions of the Election Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.]
1[20. General duties of chief electoral officers.--Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of all elections in the State under this Act.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[20A. General duties of district election officer.--(1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State.
1[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission.
1[21. Returning officers.--For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be 2[an officer of Government or of a local authority:]
(1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions:
References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section 22.
It shall be general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder.
1[25. Provision of polling stations for constituencies.—The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.]
(1) The 1[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election:
It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.
1[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission.--The returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]
(1) The returning officer for an election 1*** to fill a seat or seats in the Council of States or for an election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the previous approval of the Election Commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the Election Commission may direct.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[29A. Registration with the Election Commission of associations and bodies as political parties.--(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.
1[29B. Political parties entitled to accept contribution.--Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company:
(1) The treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the followings namely:
1[30. Appointment of dates for nominations, etc.--As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint
On the issue of a notification under section 30, the returning officer 1*** shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
Any person may be nominated as a candidate for election to fill a seat 1*** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 2*** 3[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]
1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 | |||
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether--
1[[33B. Candidate to furnish information only under the Act and the rules.--Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder.]
1[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,
The returning officer shall, on receiving the nomination paper 1[under sub-section (1) or, as the case may be, sub-section (1A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of 2[the proposer.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1*** of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, 1*** or election agent who has been authorised in this behalf in writing by such candidate.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[38. Publication of list of contesting candidates.--(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[39.Nomination of candidates at other elections.--(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint
1[39A. Allocation of equitable sharing of time.(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[40. Election agents.--A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[41. Disqualification for being an election agent.--Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]
(1) Any revocation of the appointment of an election agent, 1*** shall be signed by the candidate, and shall operate from the date on on which it is lodged with the returning officer.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
[Effect of default in appointment of election agent under section 42.] Omitted by the Representation of the People (Second Amendment) Act, 1956 (27 of1956), s 25 (w.e.f. 28-8-1956).
[Duty of the election agent to keep accounts.] Omitted by s. 25, ibid. (w.e.f. 28-8-1956).
1[45. Functions of election agents.--An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.]
1[46. Appointment of polling agents.--A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.]
1[47. Appointment of counting agents.--A contesting candidate or his election agent may appoint in in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent.
(1) At every election where a poll is taken, each 1[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll.
Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
1[52. Death of a candidate of a recognised political party before poll.--(1) If a candidate, set up by a recognised political party,
1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
[Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes.] Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).
For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 1[or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be].
[Retirement from contest at elections in Parliamentary and Assembly constituencies] Omitted by the
Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958).
The 1[Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed:
(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
1[Fresh poll in the case of destruction, etc., of ballot boxes.(1) If at any election,
1[Adjournment of poll or countermanding of election on the ground of booth caputring.—(1) If at any election,—
At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, 1[and, save as expressly provided by this Act, no votes shall be received by proxy]:
1[60. Special prodecure for voting by certain classes of persons.--Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[61. Special procedure for preventing personation of electors.--With a view to preventing personation of electors provision may be made by rules made under this Act:
1[61A. Voting machines at elections.--Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
[Method of voting.] Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 14 (w.e.f. 20-9-1961).
At every election where a poll is taken, votes shall be counted by, or under the 1[supervision and direction] of, the returning officer, and each 2 [contesting candidate], his election agent and his 3[counting agents], shall have a right to be present at the time of counting.
1[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.
If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
When the counting of the votes has been completed, the returning officer 1[shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules made thereunder.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
As soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.
1[67A. Date of election of candidate.—For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2***, 3***, or section 66, to be elected to a House of Parliament or of the Legislature of a State 4*** shall be the date of election of that candidate.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) Any person who is chosen a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.
(1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 1[on the date on which he is so chosen], become vacant.
If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats 1[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.
1[71. Publication of results of elections to the Council of States and of names of persons nominated by the President.After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various 2[Union territories] at the said elections together with the the name of any persons nominated by the President to the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.
[Publication of results of elections for the reconstitution of electoral colleges for certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 1 [the Election Commission] in the Official Gazette, as soon as may be after 2[the results of the elections in all the constituencies] [other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 3 *** and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:—
1[73A. Special provision as to certain elections.--Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a New House of the People upon dissolution of the Ninth House of the People,--
After the elections held 1[in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members or the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor 2*** under sub-clause (e) of of clause (3) of article 171.]
1[(1) Every elected candidate for a House of Parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to
1[76. Application of Chapter.--This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.]
(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between 1[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 2[district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[(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 recognsied 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.
(1) The Election Commission shall, at any time between the date of publication of the notification calling the election for the purposes of constituting the House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, supply or cause to be supplied, such items as the Central Government may, by order, determine in consultation with the Election Commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties.
In this Part and in 1[Part VII] unless the context otherwise requires,—
No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.
1[80A. High Court to try election petitions.—(1) The Court having jurisdiction to try an election petition shall be the High Court.
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 1[sub-section (1)] of section 100 and section 101 to the 2[High Court] by any candidate at such election or any elector 3[within forty-five days from, but not earlier than, the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates.]
1[Parties to the petition.—A petitioner shall join as respondents to his petition—
1[83. Contents of petition.—(1) An election petition.—
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[84. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]
[Procedure on receiving petition.] Omitted by Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966).
1[(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.
(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits:
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
No witness or other person shall be required to state for whom he has voted at an election:
[(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
The reasonable expenses incurred by any person in attending to give evidence may be allowed by 1[the High Court] to such person and shall, unless 1[the High Court] otherwise directs, be deemed to be part of the costs.
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
98. Decision of the High Court.1[the High Court].--(1) At the conclusion of the trial of an election petition 1[the High Court] shall make an order.--
Other orders to be made by 1]the High Court].--(1) At the time of making an order under section 98 1[the High Court] shall also make an order
1 [(1) Subject to the provisions of sub-section (2) of 2 [the High court] is of opinion--
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1 [the High Court] is of opinion—
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
1[103. Communication of orders of the High Court— The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision].
[Difference of opinion among the members of the Tribunal.] Omitted by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).
[Orders of the Tribunal to be final and conclusive]. [Omitted by s. 58, ibid. (w.e.f. 28-8-1956).
As soon as may be after the receipt of any order made by 1 [the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 2 *** to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and 3 [shall cause the order to be published--
1[107. Effect of orders of the High Court 2 [(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.]
[Withdrawal of petitions before appointment of Tribunal]. Omitted by the Representation of the
People (Amendment) Act, 1966 (47 of 1966), s. 45 (w.e.f. 14-12-1966).
1[109. Withdrawal of election petitions.--(1) An election petition may be withdrawn only by leave of the High Court.
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
When an application for withdrawal is granted by 1 [the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, 1 [the High Court] shall report the fact to the Election Commission 2 [and thereupon the Election Commission shall publish the report in the Official Gazette].
1[112. Abatement of election petitions.—(1) An election petition shall abate only on the death or a sole petitioner or of the survivor of several petition.
If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 1 [the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 1 [the High Court] may think fit.
1 , 2[116A. Appeals to Supreme Court—(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.
(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.
(1) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908), and the Rules of the Court, (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.
1[117. Security for costs.--(1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.
No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.
Costs shall be in the discretion of the High Court:
(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part, on an application made in writing in that behalf 1 [within a period of one year, from the date of such order] to 2 [the High Court] by the person in whose favour the costs have been awarded.
Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:
1 , 2The following shall be deemed to be corrupt practices for the purposes of this Act:--
1[125. Promoting enmity between classes in connection with election.--Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]
1[125A . Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,—
1[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.--
1[@b126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person
shall conduct any exit poll and publish or publicise by means of the print or electronic media or
disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be
notified by the Election Commission in this regard.
(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the
date and time having due regard to the following, namely:—
(a) in case of a general election, the period may commence from the beginning of the hours fixed
for poll on the first day of poll and continue till half an hour after closing of the poll in all the States
and Union territories;
(b) in case of a bye-election or a number of bye-elections held together, the period may
commence from the beginning of the hours fixed for poll on and from the first day of poll and
continue till half an hour after closing of the poll:
Provided that in case of a number of bye-elections held together on different days, the period may
commence from the beginning of the hours fixed for poll on the first day of poll and continue till half
an hour after closing of the last poll.
(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment
for a term which may extend to two years or with fine or with both.
Explanation@/ib@.—For the purposes of this section,—
(a) exit poll means an opinion survey respecting how electors have voted at an election or
respecting how all the electors have performed with regard to the identification of a political party or
candidate in an election;
(b) electronic media includes internet, radio and television including Internet Protocol
Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the
Government or private person or by both;
(c) print media includes any newspaper, magazine or periodical, poster, placard, handbill or any
other document;
(d) dissemination includes publication in any print media or broadcast or display on any
electronic media.
(1) Where an offence under sub-section (2) of section 126A has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, 1[shall be punishable with imprisonment for a term which may extend to 2[six months or with fine which may extend to two thousand rupees], or with both.]
1[127A. Restrictions on the printing of pamphlets, posters, etc,--(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy:
(1) No person who is 1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 1[one hundred metres] of the polling station, namely:
(1) No person shall, on the date or dates on which a poll is taken at any polling station,—
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
1[132A. Penalty for failure to observe procedure for voting--If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.]
1[133. Penalty for illegal hiring or procuring of conveyance at elections.--If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.]
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
1[134A. Penalty for Government servants for acting as election agent, polling agent or counting agent.--If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.]
1[134B. Prohibition of going armed to or near a polling station.--(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.
(1) Any person who at any election 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
1[135A. Offence of booth capturing.--2[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.]
1[135B. Grant of paid holiday to employees on the day of poll.--(1) Every person employed in any any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(1) A person shall be guilty of an electoral offence if at any election he--
[Prosecution regarding certain offences.] Omitted by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957).
[Offences entailing disqualification.] Omitted by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Corrupt and illegal practices entailing disqualifications.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
Removal of reduction of period, or disqualifications. Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of conviction and corrupt practices]. Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of illegal practices.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of failure to lodge return of election expenses.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Removal of disqualifications.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification for being an election agent.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
1[(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings].
1[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
[Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
When before the expiration of the term of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:
(1) The returning officer for an election by the elected members of the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[153. Extension of time for completion of election.--It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.]
1(1) Subject to the provisions of sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.]
(1) The term of office of a member of the Council of States whose name is required to be notified in the Official Gazette under section 71 shall begin on the date of such notification.
(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor 1*** shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.
(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under 1[section 74] shall begin on the date of such notification.
1[158. Return or forfeiture of candidate's deposit.--(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[159. Staff of certain authorities to be made available for election work.--(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.
(1) If it appears to the State Government that in connection with an election held within the State
(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
The State Government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
(1) Any person authorised in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
(1) When any premises requisitioned under section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
If any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
[Special provisions with respect to Rulers of former Indian States.] Omitted by Rulers of Indian States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972).
This Act may be called the Representation of the People Act, 1951.
(1) In this Act, unless the context otherwise requires,
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
1[3. Qualification for membership of the Council of States.] A person shall not be qualified to be chosen as a representative of any State 2 *** or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 3 [in India]].
A person shall not be qualified to be chosen to fill a seat in the House of the People 1*** 2***, unless--
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless—
1[5A. Qualifications for membership of Legislative Assembly of Sikkim.2[(1)] Notwithstanding Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
(1) A person shall not be qualifled to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.
1[7. Definitions.-- In this Chapter,--
1[(1) A person convicted of an offence punishable under--
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period:
(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.
A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.
A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share.
If the Election Commission is satisfied that a person
The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter 1[(except under section 8A)] or reduce the period of any such disqualification.
1[11A. Disqualification arising out of conviction and corrupt practices.-- 2[(1)] If any person, after the commencement of this Act,--
1[11B. Removal of disqualifications.--The Election Commission may, for reasons to be recorded, remove 2[any disqualification under sub-section (1) of section 11A].]
1[12. Notification for biennial election to the Council of States.--For the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President shall by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly or as the case may be, the members of the electoral college, of each State concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:
1[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States.--For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.]
[1[Notification for reconstitution of electoral colleges of certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).]
1[14. Notification for general election to the House of the People.--((1) A general election shall be held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.
1[2[14A. Notification for electing the representative of the State of Sikkim to the existing House of the People.--For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders make thereunder, as are applicable to the election of the members of the Council of States.]
1[15. Notification for general election to a State Legislative Assembly.--(1) A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution.
1[15A. Notification for certain elections to Legislative Councils.--For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh 2[under the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006)], 3[and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] 4[and constituting the Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.]
1[16. Notification for biennial election to a State Legislative Council.--For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor 2*** shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:
In this Part and in Part V, unless the context otherwise requires, "constituency" means 1*** Parliamentary constituency or an Assembly constituency or a Council constituency.
1[19A. Delegation of functions of Election Commission.--The functions of the Election Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.]
1[20. General duties of chief electoral officers.--Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of all elections in the State under this Act.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[20A. General duties of district election officer.--(1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State.
1[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission.
1[21. Returning officers.--For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be 2[an officer of Government or of a local authority:]
(1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions:
References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section 22.
It shall be general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder.
1[25. Provision of polling stations for constituencies.—The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.]
(1) The 1[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election:
It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.
It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.
1[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission.--The returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]
(1) The returning officer for an election 1*** to fill a seat or seats in the Council of States or for an election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the previous approval of the Election Commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the Election Commission may direct.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[29A. Registration with the Election Commission of associations and bodies as political parties.--(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.
1[29B. Political parties entitled to accept contribution.--Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company:
(1) The treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the followings namely:
1[30. Appointment of dates for nominations, etc.--As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint
On the issue of a notification under section 30, the returning officer 1*** shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
Any person may be nominated as a candidate for election to fill a seat 1*** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 2*** 3[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]
1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether--
1[[33B. Candidate to furnish information only under the Act and the rules.--Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder.]
1[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,
The returning officer shall, on receiving the nomination paper 1[under sub-section (1) or, as the case may be, sub-section (1A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of 2[the proposer.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1*** of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, 1*** or election agent who has been authorised in this behalf in writing by such candidate.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[38. Publication of list of contesting candidates.--(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[39.Nomination of candidates at other elections.--(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint
1[39A. Allocation of equitable sharing of time.(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[40. Election agents.--A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[41. Disqualification for being an election agent.--Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]
(1) Any revocation of the appointment of an election agent, 1*** shall be signed by the candidate, and shall operate from the date on on which it is lodged with the returning officer.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
[Effect of default in appointment of election agent under section 42.] Omitted by the Representation of the People (Second Amendment) Act, 1956 (27 of1956), s 25 (w.e.f. 28-8-1956).
[Duty of the election agent to keep accounts.] Omitted by s. 25, ibid. (w.e.f. 28-8-1956).
1[45. Functions of election agents.--An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.]
1[46. Appointment of polling agents.--A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.]
1[47. Appointment of counting agents.--A contesting candidate or his election agent may appoint in in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent.
(1) At every election where a poll is taken, each 1[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll.
Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
1[52. Death of a candidate of a recognised political party before poll.--(1) If a candidate, set up by a recognised political party,
1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
[Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes.] Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).
For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 1[or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be].
[Retirement from contest at elections in Parliamentary and Assembly constituencies] Omitted by the
Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958).
The 1[Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed:
(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
1[Fresh poll in the case of destruction, etc., of ballot boxes.(1) If at any election,
1[Adjournment of poll or countermanding of election on the ground of booth caputring.—(1) If at any election,—
At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, 1[and, save as expressly provided by this Act, no votes shall be received by proxy]:
1[60. Special prodecure for voting by certain classes of persons.--Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[61. Special procedure for preventing personation of electors.--With a view to preventing personation of electors provision may be made by rules made under this Act:
1[61A. Voting machines at elections.--Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
[Method of voting.] Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 14 (w.e.f. 20-9-1961).
At every election where a poll is taken, votes shall be counted by, or under the 1[supervision and direction] of, the returning officer, and each 2 [contesting candidate], his election agent and his 3[counting agents], shall have a right to be present at the time of counting.
1[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.
If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
When the counting of the votes has been completed, the returning officer 1[shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules made thereunder.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
As soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.
1[67A. Date of election of candidate.—For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2***, 3***, or section 66, to be elected to a House of Parliament or of the Legislature of a State 4*** shall be the date of election of that candidate.]
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
(1) Any person who is chosen a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.
(1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 1[on the date on which he is so chosen], become vacant.
If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats 1[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.
1[71. Publication of results of elections to the Council of States and of names of persons nominated by the President.After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various 2[Union territories] at the said elections together with the the name of any persons nominated by the President to the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.
[Publication of results of elections for the reconstitution of electoral colleges for certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 1 [the Election Commission] in the Official Gazette, as soon as may be after 2[the results of the elections in all the constituencies] [other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 3 *** and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:—
1[73A. Special provision as to certain elections.--Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a New House of the People upon dissolution of the Ninth House of the People,--
After the elections held 1[in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members or the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor 2*** under sub-clause (e) of of clause (3) of article 171.]
1[(1) Every elected candidate for a House of Parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to
1[76. Application of Chapter.--This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.]
(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between 1[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 2[district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[(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 recognsied 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.
(1) The Election Commission shall, at any time between the date of publication of the notification calling the election for the purposes of constituting the House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, supply or cause to be supplied, such items as the Central Government may, by order, determine in consultation with the Election Commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties.
In this Part and in 1[Part VII] unless the context otherwise requires,—
No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.
1[80A. High Court to try election petitions.—(1) The Court having jurisdiction to try an election petition shall be the High Court.
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 1[sub-section (1)] of section 100 and section 101 to the 2[High Court] by any candidate at such election or any elector 3[within forty-five days from, but not earlier than, the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates.]
1[Parties to the petition.—A petitioner shall join as respondents to his petition—
1[83. Contents of petition.—(1) An election petition.—
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[84. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]
[Procedure on receiving petition.] Omitted by Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966).
1[(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.
(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits:
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
No witness or other person shall be required to state for whom he has voted at an election:
[(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
The reasonable expenses incurred by any person in attending to give evidence may be allowed by 1[the High Court] to such person and shall, unless 1[the High Court] otherwise directs, be deemed to be part of the costs.
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
98. Decision of the High Court.1[the High Court].--(1) At the conclusion of the trial of an election petition 1[the High Court] shall make an order.--
Other orders to be made by 1]the High Court].--(1) At the time of making an order under section 98 1[the High Court] shall also make an order
1 [(1) Subject to the provisions of sub-section (2) of 2 [the High court] is of opinion--
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1 [the High Court] is of opinion—
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
1[103. Communication of orders of the High Court— The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision].
[Difference of opinion among the members of the Tribunal.] Omitted by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).
[Orders of the Tribunal to be final and conclusive]. [Omitted by s. 58, ibid. (w.e.f. 28-8-1956).
As soon as may be after the receipt of any order made by 1 [the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 2 *** to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and 3 [shall cause the order to be published--
1[107. Effect of orders of the High Court 2 [(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.]
[Withdrawal of petitions before appointment of Tribunal]. Omitted by the Representation of the
People (Amendment) Act, 1966 (47 of 1966), s. 45 (w.e.f. 14-12-1966).
1[109. Withdrawal of election petitions.--(1) An election petition may be withdrawn only by leave of the High Court.
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
When an application for withdrawal is granted by 1 [the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, 1 [the High Court] shall report the fact to the Election Commission 2 [and thereupon the Election Commission shall publish the report in the Official Gazette].
1[112. Abatement of election petitions.—(1) An election petition shall abate only on the death or a sole petitioner or of the survivor of several petition.
If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 1 [the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 1 [the High Court] may think fit.
1 , 2[116A. Appeals to Supreme Court—(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.
(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.
(1) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908), and the Rules of the Court, (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.
1[117. Security for costs.--(1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.
No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.
Costs shall be in the discretion of the High Court:
(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part, on an application made in writing in that behalf 1 [within a period of one year, from the date of such order] to 2 [the High Court] by the person in whose favour the costs have been awarded.
Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:
1 , 2The following shall be deemed to be corrupt practices for the purposes of this Act:--
1[125. Promoting enmity between classes in connection with election.--Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]
1[125A . Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,—
1[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.--
1[@b126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person
shall conduct any exit poll and publish or publicise by means of the print or electronic media or
disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be
notified by the Election Commission in this regard.
(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the
date and time having due regard to the following, namely:—
(a) in case of a general election, the period may commence from the beginning of the hours fixed
for poll on the first day of poll and continue till half an hour after closing of the poll in all the States
and Union territories;
(b) in case of a bye-election or a number of bye-elections held together, the period may
commence from the beginning of the hours fixed for poll on and from the first day of poll and
continue till half an hour after closing of the poll:
Provided that in case of a number of bye-elections held together on different days, the period may
commence from the beginning of the hours fixed for poll on the first day of poll and continue till half
an hour after closing of the last poll.
(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment
for a term which may extend to two years or with fine or with both.
Explanation@/ib@.—For the purposes of this section,—
(a) exit poll means an opinion survey respecting how electors have voted at an election or
respecting how all the electors have performed with regard to the identification of a political party or
candidate in an election;
(b) electronic media includes internet, radio and television including Internet Protocol
Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the
Government or private person or by both;
(c) print media includes any newspaper, magazine or periodical, poster, placard, handbill or any
other document;
(d) dissemination includes publication in any print media or broadcast or display on any
electronic media.
(1) Where an offence under sub-section (2) of section 126A has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, 1[shall be punishable with imprisonment for a term which may extend to 2[six months or with fine which may extend to two thousand rupees], or with both.]
1[127A. Restrictions on the printing of pamphlets, posters, etc,--(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy:
(1) No person who is 1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 1[one hundred metres] of the polling station, namely:
(1) No person shall, on the date or dates on which a poll is taken at any polling station,—
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
1[132A. Penalty for failure to observe procedure for voting--If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.]
1[133. Penalty for illegal hiring or procuring of conveyance at elections.--If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.]
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
1[134A. Penalty for Government servants for acting as election agent, polling agent or counting agent.--If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.]
1[134B. Prohibition of going armed to or near a polling station.--(1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.
(1) Any person who at any election 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
1[135A. Offence of booth capturing.--2[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3[shall not be less than one year but which may extend extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.]
1[135B. Grant of paid holiday to employees on the day of poll.--(1) Every person employed in any any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(1) A person shall be guilty of an electoral offence if at any election he--
[Prosecution regarding certain offences.] Omitted by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957).
[Offences entailing disqualification.] Omitted by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).
[Corrupt and illegal practices entailing disqualifications.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
Removal of reduction of period, or disqualifications. Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of conviction and corrupt practices]. Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of illegal practices.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification arising out of failure to lodge return of election expenses.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Removal of disqualifications.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
[Disqualification for being an election agent.] Omitted by s. 61, ibid. (w.e.f. 14-12-1966).
1[(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings].
1[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
[Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
When before the expiration of the term of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:
(1) The returning officer for an election by the elected members of the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[153. Extension of time for completion of election.--It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.]
1(1) Subject to the provisions of sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.]
(1) The term of office of a member of the Council of States whose name is required to be notified in the Official Gazette under section 71 shall begin on the date of such notification.
(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor 1*** shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.
(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under 1[section 74] shall begin on the date of such notification.
1[158. Return or forfeiture of candidate's deposit.--(1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
1[159. Staff of certain authorities to be made available for election work.--(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.
(1) If it appears to the State Government that in connection with an election held within the State
(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 |
The State Government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
(1) Any person authorised in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.
(1) When any premises requisitioned under section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.
If any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
[Special provisions with respect to Rulers of former Indian States.] Omitted by Rulers of Indian States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972).
(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1for carrying out the purposes of this Act.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 01-01-1961 | The Conduct Of Election Rules,1961 | |||
| 25-01-1977 | The Conduct of Parliamentary Elections (Sikkim) Rules, 1977 | |||
| 07-09-1979 | The Conduct of Assembly Elections (Sikkim) Rules, 1979 |
No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.
[Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957).