The Representation of the People Act,1950/ Universal Law Publishing

THE REPRESENTATION OF THE PEOPLE ACT, 1950
The Representation of the People (Amendment) Act, 2009 (41 of 2009)
Introduction 1
PART I
PRELIMINARY
Sections
1. Short title 4
2. Definitions 4
PART 11
ALLOCATION OF SEATS AND DELIMITATION .
OF CONSTITUENCIES The House of the People 3. Allocation of seats in the House of the People . 5 3A. [Repealed] . 5 4. Filling of seats in the House of the People and parliamentary
constituencies . 5 5. [Repealed] . 6 6. [Repealed] . 6
The State Legislative Assemblies 7. Total number of seats in Legislative Assemblies and assembly constituencies . . . 6 7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies . . . 7 The Delimitation of Parliamentary and Assembly Constituencies Order
8. Consolidation of delimitation orders . . . 8' 8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur or Nagaland . . 9
9. Power of Election Commission to maintain Delimitation Order up-to-date . - . . 10 9A. [Repealed] . " . . 11 9B. [Repealed] . ■ . . 11
The State Legislative Councils 10. Allocation of seats in the Legislative Councils . .. . 12
11. Delimitation of Council constituencies . . . 12
Provisions as to orders delimiting constituencies
12. Power to alter or amend orders ' 13 13. Procedure as to orders delimiting constituencies 13
PART IIA
OFFICERS
13A. Chief electoral officers 13
13AA. District election officers 13 13B. Electoral registration officers 14
13C. Assistant electoral registration officers
13CC. Chief Electoral Officers, District Election Officers, etc., deemed to be on deputation to Election Commission
PART IIB
ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES 130. Electoral rolls for parliamentary constituencies
PART 111
ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES
14. Definitions 15. Electoral roll for every constituency 16. Disqualifications for registration in an electoral roll 17. No person to be registered in more than one constituency . 18. No person to be registered more than once in any constituency 19. Conditions of registration 20. Meaning of "ordinarily resident" 21. Preparation and revision of electoral rolls 22. Correction of entries in electoral rolls 23. Inclusion of names in electoral rolls 24. Appeals 25. Fee for applications and appeals 25A. Conditions of registration as elector in Sangha constituency in Sikkim
PART IV ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES 26. [Repealed] . . ' ' 27. Preparation of electoral roll for Council constituencies
PART IVA MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES 27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories 27B. [Repealed] 27C. [Repealed] 27D. [Repealed] 27E. [Repealed] 27g' EnaL of membership of electoral college for certain 27H. MarerSn; of seats In the Council of Statesallotted to Union territories PowSfof electoral colleges to elect notwithstanding vacancies therein 27K. [Repealed]

PART V
GENERAL
28. Power to make rules . 23 29. Staff of local authorities to be made available . , . . 24
30. Jurisdiction of civil courts barred . . . 24 31. Making false declarations . . . 24 32. Breach of official duty in connection with the preparation, etc., of electoral rolls . . . 24
THE FIRST SCHEDULE.— Allocation of seats in the House of the People . . . 25
THE SECOND SCHEDULE.—^Total number of seats in the Legislative Assemblies . . . 26
THE THIRD SCHEDULE.— Allocation of Seats in the Legislative Councils . . . ^27 THE FOURTH SCHEDULE.—Local Authorities for purposes of Elections to Legislative Councils . . 28 THE FIFTH SCHEDULE.—[Repealed] . . . 29 THE SIXTH SCHEDULE.—[Repealed] . . . 29 __ THE SEVENTH SCHEDULE.—[Repealed] . . . 29
THE REPRESENTATION OF THE PEOPLE ACT, 1951
Introduction . . . 30
PART I
PRELIMINARY 1. Short title . . . 32 2. Interpretation . . . 32
PART II QUALIFICATIONS AND DISQUALIFICATIONS
CHAPTER I QUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT 3. Qualification for membership of the Council of States . . . 34 4. Qualifications for membership of the House of the People . . . 34
CHAPTER II QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES 5. Qualifications for membership of a Legislative Assembly . . . 35 5A. Qualifications for membership of Legislative Assembly of Sikkim . . 36 6. Qualifications for membership of a Legislative Council . . . 37
CHAPTER III DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT
AND STATE LEGISLATURES 7. Definitions . . . 37 8. Di.squalification on conviction for certain offences . . . 37 8A. Disqualification on ground of corrupt practices . . . 40
\
9. Disqualification for dismissal for corruption or disloyalty 9A. Disqualification for Government contracts, etc. 10. Disqualification for office under Government company IDA.. Disqualification for failure to lodge account of election expenses 11. Removal or reduction of period of disqualification
CHAPTER IV DISQUALIFICATIONS FOR VOTING 11 A. Disqualification arising out of conviction and corrupt practices. IIB. Removal of disqualifications
PART m NOTIFICATION OF GENERAL ELECTIONS 12. Notification for biennial election to the Council of States 12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States 13. [Repealed] , , „ , 14. Notification for general election to the House of the People . 14A. Notification for electing the representative of the State of Sikkim to the existing House of the People 15. Notification for general election to a State Legislative Assembly ISA. Notification for certain elections to Legislative Councils 16. Notification for biennial election to a State Legislative Council.
17-18.
PART IV ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
19. Definition 19A. Delegation of functions of Election Commission 20. General duties of chief electoral officers . 20A. General duties of district election officer a 20B. Observers 21. Returning Officers 22. Assistant returning officers 23 Returning officer to include assistant returning officers " performing the functions of the returmng officer 24. General duty of the returning officer 25 Provision of polling stations for constituencies S aZ!!.Jof p^siding omcers for polling sudon. 27 General duty of the presiding officer .eA:ru"^goSl^l.omcone.c.,deon.o^ deputation to Election Commission 29. Special provisions in the case of certain e ec lo

PART IVA
REGISTRATION OF POLITICAL PARTIES 29A. Registration with the Election Commission of associations and bodies as political parties 29B. Political parties entitled to accept contribution 29C. Declaration of donation received by the political parties

PART V
CONDUCT OF ELECTIONS
CHAPTER /
NOMINATION OF CANDIDATES Appointment of dates for nominations, etc.
Public notice of election.
Nominatiiffrbf candidates for election Presentation of nomination paper and requirements for a
valid nomination Right to information,^ Candidate to turnip information only under the Act and the rules. Deposits Notice of nominations and the time and place for their scrutiny Scrutiny of nomination
Withdrawal of candidature Publication of list of contesting candidates . " •
Nomination of candidates at other elections Allocation of equitable sharing of time
CHAPTER II
CANDIDATES AND THEIR AGENTS
Election agents Disqualification for being an election agent Revocation of the appointment, or death, of an election agent [Repenled] [Rqjealed] Functions of election agents Appointment of polling agents Appointment of counting agents Revocation of the appointment, or death, of a polling agent or counting agent Functions of polling agents and counting agents Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent Non-attendance of polling or counting agents
CHAPTER III
GENERAL PROCEDURE AT ELECTIONS Death of candidate of a recognised political party before poll
Procedure in contested and uncontested elections

54. [Repealed] 55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes [Repealed]
CHAPTER IV
THE POLL
Fixing time for poll Adjournment of poll in emergencies Fresh poll in the case of destruction, etc., of ballot boxes Adjournment of poll or countermanding of election on the ground of booth capturing 59. Manner of voting at elections 60. Special procedure for voting by certain classes of persons 61. Special procedure for preventing personation of electors 61A. Voting machines at elections 62. Right tO^te ' [Repealed ] CHAPTER V COUNTING OF VOTES
64. Counting of votes 64A. Destruction, loss, etc., of ballot papers at the time of countmg 65. Equality of votes 66. Declaration of results 67. Report of the result 67A. Date of election of candidate CHAPTER VI MULTIPLE ELECTIONS 68. Vacation of seats when elected to both Houses of Parliament . 69. Vacation of seats by persons already members of one House on election to other House of Parliament 70. Election to more than one seat in either House of Parhament or in the House or either House of the Legislature of a State CHAPTER VII PUBLICATION OF ELECTION RESULTS AND NOMINATIONS 71. Publication of results of elections to the Council of States and of names of persons nominated by the President
nominated thereto 73A. Special provisions as to certain elections rmincils 74. Publication of results of elections to the State Leg^^ • and of names of persons nominated to such
CHAPTER VIIA DECLARATION OF ASSETS AND LIABILITIES 75A. Declaration of assets and liabilities

CHAFfER VIII
ELECTION EXPENSES
76. AppJication of Chapter 77. Account of election expenses and maximum thereof 78. Lodging of account with the district election officer
71
71
72
PART VA
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES 78A. Free supply of copies of electoral rolls 78B. Supply of certain items to candidates, etc.
73
73
PART VI
DISPUTES REGARDING ELECTIONS
CHAPTER I
INTERPRETATION
79. Definitions
CHAPTER II
PRESENTATION OF ELECTION PETITIONS TO HIGH COURT
80. Election petitions 80A. High Court to try election petitions 81. Presentation of petitions 82. Parties to the petition 83. Contents of petition 84. Relief that may be claimed by the petitioner 85. [Repealed]
CHAPTER III
TRIAL OF ELECTION PETITIONS
86. Trial of election petitions 87. Procedure before the High Court
88-92. 93. Documentary evidence 94. Secrecy of voting not to be infringed 95. Answering of criminating questions and certificate of indemnity 96. Expenses of witnesses
97. Recrimination when seat claimed 98. Decision of the High Court 99. Other orders to be made by the High Court 100. Grounds for declaring election to be void 101. Grounds for which a candidate other than the returned candidate may be declared to have been elected 102. Procedure in case of an equality of votes 103. Commimication of orders of the High Court 104. [Repealed]

105. [Repealed] 106. Transmission of order to the appropriate authority, etc., and its publication 107. Effect of orders of the High Court
CHAPTER TV
WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS 108. [Repealed] 109. Withdrawal of election petitions 110. Procedure for withdrawal of election petition 111. Report of withdrawal by the High Court to the Election Commission 112. Abatement of election petitions
113-115. 116. Abatement or substitution on death of respondent CHAPTER IVA
APPEALS
116 A. Appeals to Supreme Court 116B. Stay of operation of order of High Court 116C. Procedure in appeal
CHAPTER V
COST AND SECURITY FOR COSTS
117. Security for costs 118. Security for costs from a respondent
119. Costs
120. 121. Payment of costs out of security deposits and return of such deposits 122. Execution of orders as to costs
PART vn CORRUPT PRACTICES AND ELECTORAL OFFENCES CHAPTER I CORRUPT PRACTICES
123. Corrupt practices
124
CHAPTER II • • CHAPTER III ELECTORAL OFFENCES 125 Promoting enmity between classes in connection with election.
126B. Offences by companies

130. Prohibition of canvassing in or near polling stations 131. Penalty for disorderly conduct in or near polling stations 132. Penalty for misconduct at the polling station 132A. Penalty for failure to observe procedure for voting 133. Penalty for illegal hiring or procuring of conveyance at elections 134. Breaches of official duty in connection with elections. 134A. Penalty for Government servants for acting as election agent, polling agent or counting agent • . 134B. Prohibition of going armed to or near a polling station 135. Removal of ballot papers from polling station to be an offence . 135A. Offence of booth capturing 135B. Grant of paid holiday to employees on the day of poll 135C. Liquor not be sold, given or distributed on polling day 136. Other offences and penalties therefor 137. [Repealed] 138. [Repealed]
PART VIII
DISQUALIFICATIONS 139-145.—[Repealed] . . .
CHAPTER IV
POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS TO DISQUALIFICATIONS OF MEMBERS
146. Powers of Election Commission . . . 146A. Statements made by persons to the Election Commission 146B. Procedure to be followed by the Election Commission 146C. Protection of action taken in good faith . .
PART IX
BYE-ELECTIONS
147. Casual vacancies in the Council of States 148. [Repealed] 149. Casual vacancies in the House of the People 150. Casual vacancies in the State Legislative Assemblies 151." Casual vacancies in the State Legislative Councils 151 A. Time limit for filling vacancies referred to in sections 147,149,150 and 151
PART X
MISCELLANEOUS 152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned . 153. Extension of time for completion of election
154. Term of office of members of the Council of States
155. Commencement of the term of office of members of the Council of States 156. Term of office of members of State Legislative Councils . .*
157. Commencement of the term of office of members of the Legislative Councils 158. Return of forfeiture of candidate's deposit
159. Staff of certain authorities to be made available for election work

160. Requisitioning of premises, vehicles, etc., for election purposes. 161. Pa)nnent of compensation
162. Power to obtain information 163. Powers of entry into and inspection of premises, etc. 164. Eviction from requisitioned premises 165. J?elease of prem.ises from requisition 166. Delegation of functions of the State Goverrunent with regard to requisitioning Penalty for contravention of any order regarding requisitioning [Repealed]
PART XI
GENERAL
Power to make rules . . 170. Jurisdiction of civil courts barred . . * . 171. [Repealed]
THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959
1. Short title
2. Definitions 3. Certain offices of profit not to disqualify 4. Temporary suspension of disqualification in certain cases 5. Repeals
THE SCHEDULE Part l.—[The office of chairman of any statutory or non-statutory body specified in Part I, vide section 3(i)] Part U.—[The office of chairman or secretary of any statutory or non-statutory body specified in Fart II vide section 3(0]
MAXIMUM ELECTION EXPENSES UNDER CONDUCT OF ELECTION RULES, 1961