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REPRESENTATION OF THE PEOPLE ACT , 1951.

ACT NO. 43 OF 1951 1*

[17th July, 1951.]

Short title. 1.Short title. This Act may be called the Representation of the People Act, 1951.

Interpretation.

2.Interpretation. (1) In this Act, unless the context otherwise requires,- (a) each of the expressions defined in section 2 or sub- section

(1)of section 27 of the Representation of the People Act 1950, (43 of 1950.) but not defined in this Act, shall have the same meaning as in that Act.; (b) "appropriate authority" means, in relation to an election to the House of the People or the Council of States 3* * * the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government; 4[(bb) "chief electoral officer" means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950),] (c) "corrupt practice" means any of the practices specified in section 123 5* * *; 6[(cc) " district election officer" means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950; (43 of 1950).] --------------------------------------------------------------------- 1 Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 3 and Sch I (w.e.f. 1-7-65). 2 The words "and illegal" omitted by Act 27 of 1956, S. 2. 3 Certain words omitted by Act 103 of 1956, S. 66. 4 Ins. by Act 27 of 1956, s. 3. 5 The words and figures" or section 124 " omitted by s. 3. ibid. 6 Ins. by Act 47 of 1966 s, 15 (w.e.f. 14-12-1966), --------------------------------------------------------------------- 40 (d) "election " means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir 2[(e)"elector" in relation to a constituency means a person whose name is entered in the electoral roll of that con- stituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950; (43 of 1950.)] 4[(f) "Political party" means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A; (g) "prescribed" means prescribed by rules made under this Act ; 4 [(h) " public holiday " means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881.) 3* * * * * 5* * * * * 6[(i) ",sign in relation to a person who is unable to write his name means authenticate in such manner as may be prescribed 7* * * * * 8* * * * *

(2) For the purposes of this Act, 9* * * a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of a different class. --------------------------------------------------------------------- 1 The words "or in the electoral college of a Union territory" omitted by Act 58 of 1958, s. 14. 2 Subs. by Act 27 of 1956, s. 3, for cl. (e). 3 Cls.(f) (h) and (i) omitted by s. 3, ibid. 4 Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 5 Cl. (j) re-lettered as cl. (h) by Act 27 of 1956, s. 3, omitted by the Adaptation of Laws (No. 2) Order, 1956.

6 Cls. (k) and (1) re-lettered as cls. (i) and (k) by Act 27 of 1956, s. 3. 7 Cl. (j) ins. by s. 3, ibid., omitted by the Adaptation of Laws (No. 2) Order, 1956. 8 Cl. (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12,1966). 9 Certain words omitted by Act 103 of 1956, s. 66. 10 Ins. by Act 1 of 1989, s.3 (w.e.f.15-6-1989). --------------------------------------------------------------------- 41

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall- (a) where it is issued or made by the Central Government, be published in the Gazette of India; (b) where it is issued or made by a State Government, be published in the Official Gazette of the State; and (c) where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament 1* * * and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State.

(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases. 2* * * * * * *

3[(5) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.] 2* * * * * PART QUALIFICATION AND DISQUALIFICATIONS PART II 4[QUALIFICATION AND DISQUALIFICATIONS] CHAP QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT CHAPTER I QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT

Qualification for membership of the Council of states. 5[3.Qualification for membership of the Council of states. A person shall not be qualified to be chosen as a representative of any State 6* * * or Union territory in the Council of States unless --------------------------------------------------------------------- 1 Certain words omitted by Act 103 of 1956, s. 66.

2 Sub-sections (5) and (7) omitted, and sub-section (6) re-numbered as

subsection (5) by Act 27 of 1956, s. 3.

3 Subs. by Act 47 of 1966, s. 15, for sub-section (5) (w.e.f. 14-12- 1966). 4 Subs. by s. 16, ibid., for the previous heading (w.e.f. 14-12-1966). 5 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for s. 3. 6 The words and brackets "(other than the State of Jammu and Kashmir)". omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966). --------------------------------------------------------------------- 42 he is an elector for a Parliamentary constituency in that State or territory.]

Qualification for membership of the House of the people. 4.Qualification for membership of the House of the people. A person shall not be qualified to be chosen to fill a seat in the House of the People 1* * * unless- (a) in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency; (b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency; (c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled tribes and is an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; 2*** 3[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of the 4[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency of that Union territory; 5 * *]. 6[(CCC) in the case of the seat allotted to the State of Sikkim, he is an elect-or for the Parliamentary constituency for Sikkim;] (d) in the case of any other seat, he is an elector for any Parliamentary constituency. --------------------------------------------------------------------- 1 Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975). 2 The word "and" omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12- 1966). 3 Ins. by s. 18, ibid. (w.e.f. 14-12-1966). 4 Subs. by the Laccadive;, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, for "Laccadive, Minicoy and Amindivi" (w.e.f. 1-11-1973). 5 The word "and" omitted by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9- 1975). 6 Ins. by s. 2 and Sch., ibid. (w.ef. 9-9-1975). --------------------------------------------------------------------- 43 CHAP QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES CHAPTER II QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES

Qualifications for membership of a Legislative Assembly. 5.Qualifications for membership of a Legislative Assembly. A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless- (a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State ; (b) in the case of a seat reserved for an autonomous district of Assam, 1 *** he is a member of a 2

[Scheduled Tribe of any autonomous district] and is an

3[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]

4[5A.5[(1)]Qualifications for membership of Legislative Assembly of Sikkim. 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- (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas ; (b) in the case of a seat reserved for Sikkimese of Nepal origin he is a person of Nepali origin and is an elector for an Assembly constituency in the State; --------------------------------------------------------------------- 1 Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972). 2 Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that district" (w.e.f.14-12-1966). 3 Ins. by Act 27 of 1962, s. 11. 4 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975). 5 Renumbered by Act 8 of 1980, s..3 (w.e.f.1-9-1979). --------------------------------------------------------------------- 44 (c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and (d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]

1[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980, (8 of 1980.) unless- (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved for the Sanghas ; (b) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State: (c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and (d) in the case of any other seat, he is an elector for any assembly constituency in the State. Explanation.-In this sub-section "Bhutia" includes Chumbipa, Dop- thapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

Qualification for membership of a Legislative Council.

6.Qualification for membership of a Legislative Council. (1) A person shall not be qualified 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.

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor 2* * * unless he is ordinarily resident in the State. --------------------------------------------------------------------- 1 Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 2 The words "or the Rojpramukh, as the case may be" omitted by the Adaptation of Laws (No. 2) Order, 1956. --------------------------------------------------------------------- 45 CHAP DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES 1 [CHAPTER III DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES

Definition. 7.Definition. In this Chapter,- (a) "appropriate Government" means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Central Government, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government; (b) "disqualified" means disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State.

Disqualification on conviction for certain offences.

8. Disqualification on conviction for certain offences. 5[(1) A person convicted of an offence punishable under-- (a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at

an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of

a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code; or (b) the Protection of Civil Rights Act, 1955 which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom ; or (c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962); or (d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or (e) the Foreign Exchange (Regulation) Act, 1973 (76 of 1973); or (f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention ) Act, 1987 (28 of 1987); or (h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or (i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing)

of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act; [or] 6["(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991,"] [or]7 7["(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Antham) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971);] shall be disqualified for a period of six years from the date of such conviction.

(2) A person convicted for the contravention of-- (a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961 (28 of 1961); or (d) any provisions of the Commission of Sati (Prevention) Act. 1987 (3 of 1988), and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

(3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence

referred to in sub-section (1) or sub-section (2)]shall be disqualified form the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

(4) Notwithstanding anything in sub-section (1),sub-section(2),or

sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed --------------------------------------------------------------------- 1 Subs. by Act 47 of 1966, s, 20. for Chapter II (w.e.f. 14-12-1966). Previous ss. 10 and 11 were rep. by Act 103 of 1956, s. 66. 2 Subs. by Act 35 of 1969, s. 5. for certain words. 3 Ins. by Act 106 of 1976 , s.21 ,(w.e.f.19-11-1976). 4 Ins. by Act 3 of 1988,s.19 (w.e.f.21-3-1988). 5 Subs. & renumbered by Act 1 of 1989 s.4 (w.e.f.15-3-1989). 6 Ins. by Act 42 of 1991, s.8 (w.e.f.18-9-1991). 7 Added & Ins. by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 46 from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. Explanation.-In this section-, (a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for- (i)the regulation of production or manufacture of any essential commodity ; (ii)the control of price at which any essential commo- dity may be bought or sold ; (iii)the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity; (iv)the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale ; (b) "drug" has the meaning assigned to it in the Durgs and Cosmetics Act, 1940 (23 of 1940) (c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955; (10 of 1955) (d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954.(37 of 1954)

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, as soon as may be after 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: Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975, (40 of 1975) may, if the period of such disqualification has ---------------------------------------------------------------------- 1 Subs. by Act 40 of 1975, s. 2. for section 8A, (w.e.f. 6-8-1975). ---------------------------------------------------------------------- 47 not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-

section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

Disqualification for dismissal for corruption or disloyalty.

9.Disqualification for dismissal for corruption or disloyalty. (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.

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact : Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being- heard has been given to the said person, 9A.Disqualification for Government contract, etc. 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. Explanation.-For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

Disqualification for office under Government company. 10.Disqualification for office under Government company. 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. 48 10A.Disqualification for failure to lodge account of election expenses. If the Election Commission is satisfied that a person- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act and (b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

Removal or reduction of period of disqualification. 11.Removal or reduction of period of disqualification. 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. CHAP DISQUALIFICATIONS FOR VOTING CHAPTER IV DISQUALIFICATIONS FOR VOTING

11A.2[(1)] Disqualification arising out of conviction and corrupt practices. If any person, after the commencement of this Act,- 3* * * is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code, or under

section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, (45 of 1860.) 4* * * 5* * * * * * he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be disqualified for voting at any election.

6[(2) Any person disqualified by a decision of the President

under sub-section (1) of section 8A for any period shall be disqualified for the same period for voting at any election.

(3) The decision of the President on a petition submitted by any

person under sub-section (2) of section 8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a --------------------------------------------------------------------- 1 Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975).

2 Section 11A re-numbered as sub-section (1) thereof by s. 4, ibid. 3 The brackets and letter "(a)" omitted by Act 38 of 1978, s. 3 and Second Schedule. 4 The word "or" omitted by s. 3 and Second Schedule, ibid. 5 Omitted by Act 40 of 1975, s. 4. 6 Ins. by s. 4, ibid. --------------------------------------------------------------------- 49 State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under

clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975, (40 of 1975.) as if such decision were a decision in respect of the said disqualification for voting also.] 11B.Removal of Disqualifications. The Election Commission may, for reasons to be recorded, remove 1[any disqualification under sub-

section (1) of section 11A].] PART NOTIFICATION OF GENERAL ELECTIONS 2[PART III NOTIFICATION OF GENERAL ELECTIONS

Notification for biennial election to the Council of States. 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 Presi- dent 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 : Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire. 3[12A.Notification for election to fill the seat allotted to the State of Sikkim in the Council 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 Subs. by Act 40 of 1975, s. 5. 2 Subs. by Act 27 of 1956. s. 7. for Part III (ss. 12 to 18). 3 Ins. by Act 10 of 1976, S. 2 and Sch. (w.e.f. 9-9-1975). --------------------------------------------------------------------- 50

Notification for reconstitution of electoral colleges for certainUnion territories. 13.[Notification for reconstitution of electoral colleges for certain Union territories.] Rep. by the Territorial Councils Act, 1956 (103 of 1956), s. 66.

Notification for general election to the House of the People.

14.(1)Notification for general election to the House of the People. A general election shall be held for the purpose of con- stituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.

(2)For the said purpose the President shall, by one or more noti- fications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon all parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder : Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that House would expire under the

provisions of clause (2) of article 83. 1[14A.Notification for eltecing 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) 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 made thereunder, as are applicable to the election of the members of the Council of States.]

Notification for general election to a State Legislative Assembly. 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.

(2)For the said purpose, 2[the Governor or Administrator, as the case may be], 3* * * 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 all Assembly con- stituencies in the State to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder : Provided that where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification --------------------------------------------------------------------- 1 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975). 2 Subs. by Act 20 of 1963, s. 57 and Sch. II, for "the Governor". 3The words "Rajpramukh, Lieutenant-Governor or Chief Commissioner. as the case may be," omitted by the Adaptation of Laws (No. 2) Order

51 shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the

provisions of clause (1), of article 172 1 * * * 2 [or under the provisions of section 5 of the Government of Union Territories Act, 1963, (20 of 1963.)as the case may be.] 3[15A. Notification for certain elections to Legislative Councils. For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the States Reorganisation Act, 1956 (37 of 1956.) and constituting the Legislative Council of the State of Andhra Pradesh under the Legislative Councils Act, 1957, (37 of 1957.)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.]

Notification for biennial election to a State Legislative Council. 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 4 * * * 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 : Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.] PART ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS PART IV ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

Definition. 19.Definition.In this Part and in Part V, unless the context otherwise requires, "constituency" means 5* * * a Parliamentary constituency or an Assembly constituency or a Council constituency. --------------------------------------------------------------------- 1 The words "or under the provisions of section 5 of the Government of Part C States Act, 1951 (49 of 1951), as the case may be" omitted by the Adaptation of Laws (No. 2) Order, 1956. 2 ins. by Act 20 of 1963, s. 57 and Sch. II. 3 Ins. by Act 37 of 1957. s. 13. 4 The words "or Rajpramukh, as the case may be," omitted by the Adaptation of Laws (No. 2) Order, 1956. 5 Certain words omitted by Act 103 of 1956, s. 66. --------------------------------------------------------------------- 52 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.]

General duties of chief electoral Officers. 2[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.

3[20A.(1)General duties of district election officer. Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate 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.

(2) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.]

6[20B. (1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of 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.

(2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or 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.

(3) Where an Observer has directed the returning officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Election Commission shall, after taking all material circumstances into account, issue appropriate directions under section 58A or section 64A or section 66.

Explanation.- For the purposes of sub-section (2) and sub-section

(3), "Observer" shall include a Regional Commissioner or any such officer of the Election Commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the Commission.]

Returning officers. 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 4 [an officer of Government or of a local authority] : Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the returning officer for more than one constituency.]

Assistant returning officers.

22.Assistant returning officers. (1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions: Provided that every such person shall be 5[an officer of Government or of a local authority]. --------------------------------------------------------------------- 1 Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966). 2 Subs. by Act 27 of 1956, s. 9, for ss. 20 and 21. 3 Ins. by Act 47 of 1966, S. 22 (w.e.f. 14-12-1966). 4 Subs. by s. 23, ibid., for " an officer of Government "(w.e.f. 14-12-1966). 5 Subs. by s. 24, ibid., for "an officer of Government". 6 Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 53

(2)Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer : Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate 1* * * to the scrutiny of nominations 2* * * unless the returning officer is unavoidably prevented from performing the said function.

Returning officer to include assistant returning officers performingthe functions of the returning officer. 23.Returning officer to include assistant returning officers performing the functions of the returning officer. 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.

General duty of returning officer. 24.General duty of returning officer. It shall be the 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.

Provision of polling stations for constituencies. 3[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.]

Appointment of presiding officers of polling stations.

26.Appointment of presiding officers of polling stations. (1) The 4[district election officer] shall appoint a presiding office for each polling station and such polling officer or officers as he think 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 Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling --------------------------------------------------------------------- 1 The words "to the acceptance of a nomination paper or" omitted by Act 27 of 1956, s. 10. 2 The words "or to the counting of votes" omitted by s. 10, ibid. 3 Subs. by Act 47 of 1966, s. 25, for s. 25 (w.e.f. 14-12-1966). 4 Subs. by s. 26, ibid., for "returning officer" (w.e.f. 14-12-1966). --------------------------------------------------------------------- 54 station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the 1[district election officer] accordingly : 2[Provided further that nothing in this sub-section shall prevent the 1[district election officer] from appointing the same person to be the presiding officer for more than one polling station in the same premises.]

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder.

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorized by the 1[district election officer] to perform such functions during any such absence.

(4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorized to perform under sub-

section (2) or sub-section (3), as the case may be.

3[(5) Any reference to a district election officer in section 25 and in this section shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency.]

General duty of the presiding officer. 27. General duty of the presiding officer. 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.

Duties of a polling officer. 28. Duties of a polling officer. 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. [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.]

Special provisions in the case of certain elections.

29. Special provisions in the case of certain elections. (1) The returning officer for an election 4 * * * 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 ---------------------------------------------------------------------- 1. Subs. by Act 47 of 1966, s.26, for "returning officer" (w.e.f. 14-12-1966.) 2. Ins. by Act 27 of 1956, s.12. 3. Ins. by Act 47 of 1966, s.26 (w.e.f. 14-12-1966.) 4. The words and brackets "(other than a primary election)" omitted by Act 27 of 1956, s.13. 5. Ins. by Act 1 of 1989, s.5 (w.e.f. 15-3-1989.) ---------------------------------------------------------------------- 55 election and shall notify the place so fixed in such manner as the Election Commission may direct.

(2)The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him 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. PART REGISTRATION oF POLITICAL PARTIES 6[PART IVA REGISTRATION OF POLITICAL PARTIES

A.(1)Registration with the Commission of associations and bodies as political parties. 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.

(2) Every such application shall be made,- (a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988, (1 of 1989) within sixty days next following such commencement; (b) if the association or body is formed after, such com- mencement, within thirty days next following the date of its formation.

(3) Every application under sub-section (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

(4) Every such application shall contain the following parti- culars, namely: - (a) the name of the association or body; (b) the State in which its head office is situate; (c) the address to which letters and other communications meant for it should be sent; (d) the names of its president, secretary, treasurer and other office-bearers; (e) the numerical strength of its members, and if there are categories of its members, the numerical strength in each category; (f) whether it has any local units; if so, at what levels; (g) whether it is represented by any member or members in either House of Parliament or of any State Legislature; if so, number of such member or members.

(5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India.

(6) The Commission may call for such other particulars as it may deem fit from the association or body.

(7)After considering all the particulars as aforesaid in the possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this Part, or not so to register it; and the Commission shall Communicate its decision to the association or body: Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions

of sub-section (5).

(8) The decision of the Commission shall be final.

(9) After an association or body has been registered as a political party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay."] PART CONDUCT OF ELECTIONS PART V CONDUCT OF ELECTIONS CHAP NOMINATION OF CANDIDATES CHAPTER I NOMINATION OF CANDIDATES

Appointment of dates for nominations etc. 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- (a) the last date for making nominations, which shall be the 2[seventh day] after the date of publication of the first- mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be 3[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday ; (c) the last date for the withdrawal of candidatures, which shall be 4[the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the [fourteenth day] after the last date for the withdrawal of candidatures ; and (e) the date before which the election shall be completed. 5* * * * * *] --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 14, for s. 30. 2 Subs. by Act 40 of 1961, s. 7, for "tenth day" (w.e.f. 20-9-1961). 3 Subs. by Act 47 of 1966, s 27. for "the second day after" (w.e.f 14- 12-1966). 4 Subs. by s. 27, ibid., for "the third day" (w.e.f. 14-12-1966). 5 Explanation omitted by s. 27 ibid. (w.e.f. 14-12-1966). 6 Ins. by Act 1 of 1989, s. 6(w.e.f. 15-6-1989). 7 Subs. by Act 21 of 1996, s. 5 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 56

Public notice of election. 31.Public notice of election. 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.

Nomination of candidates for election. 32.Nomination of candidates for election. Any person may be nominated as a candidate for election to fill a seat 2* * * if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 8* * * 4 [or under 2 the provisions of the Government of Union Territories Act, 1963,(20 of 1963) as the case may be].

Presentation of nomination paper and requirements for a validnomination. 5[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 : 9["Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers bein electors of the constituency: 6[Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: 8["Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to "an elector of the constituency as proposer" shall be construed as a reference to "ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers"].

7[(1A) Notwithstanding anything contained in sub-section (1) for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Consti- tution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed : Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and- (a) in the case of a seat reserved for Sikkimese of Bhutia- Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders; --------------------------------------------------------------------- 1 The words "for the constituency" omitted by Act 47 of 1966, s. 28 (w.e.f. 14-12-1966). 2 The words "in any constituency" omitted by Act 27 of 1956, S. 15. 3 Certain words ins. by s. 15, ibid., omitted by the Adaptation of Laws (No. 2) Order, 1956. 4 Ins. by Act 20 of 1963, s. 57 and Sch. 11. 5Subs. by Act 27 of 1956, s. 16, for s. 33. 6 Ins. by Act 47 of 1966. s. 29 (w.e.f. 14-12-1966). 7 Ins. by Act 10 of 1976. s. 2 and Sch. (w.e.f.9-9-1975). 8. Ins by Act 1 of 1989, s. 7(w.e.f. 1-4-1989). 9. Subs. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 56A (b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders ; (c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer : Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.]

(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State.

(3) Where the candidate is a person who, having held any office referred to in 1[section 9], has been dismissed and a period of five years .has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.

(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls : 2[Provided that no misnomer or inaccurate description or clerical technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood ; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, --------------------------------------------------------------------- 1 Subs. by Act 38 of 1978, s. 3 and Sch. II, for "Clause (f) of section 7". 2 Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966). --------------------------------------------------------------------- 56B clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.]

(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny.

1[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.]

6[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominate as a candidate for election,- (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. Explanation.- For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under section 147, 149, 150 or, as the case may be 151 on the same date.]

7[(1) A candidate shall not be deemed to be duly nominated for election form constituency unless he deposits or causes to be deposited,- (a) in the case of an election from a Parliamentary constituency, a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees; and (b) in the case of an election from an Assembly or Council constituency, a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of two thousand five hundred rupees: Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]

Deposits.

34.2[Deposits. (1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited- (a) in the case of an election from a Parliamentary constituency, a sum of ten thausand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thausand; 3[and] (b) in the case of an election from an Assembly or Council constituency, a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of two htausand and five thausand rupees : 4* 4* * * * * * Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]

(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at

the time of delivery of the nomination paper 5[under sub-section (1) or, as the case may be, sub-section (1A) of section 33] the candidate has either deposited or caused to be deposited that sum with the returning ---------------------------------------------------------------------

1 Subs. by Act 40 of 1961; S. 8 for sub-section (6) (w.e.f. 20-9- 1961).

2 Subs. by Act 27 of 1956, s. 17, for sub-section (1). 3 Ins. by Act 58, of 1958, s. 18. 4 The word "and" and cl. (c) omitted, by Act 58 of 1958, s. 18. 5 Subs. by Act 10 of 1976, s. 2 and Sch., for certain words (w.e.f. 9-9-1975). 6 Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). 7 Subs. by s. 7, ibid. (w.e.f. 1-8-1996). --------------------------------------------------------------------- 56C officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.

Notice of nominations and the time and place for their Scrutiny. 35.Notice of nominations and the time and place for their Scrutiny. The returning officer shall, on receiving the nomination

paper 'under sub-section (1) or, as the case may be, sub-section (1 A) ] 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.)

Scrutiny of nominations.

36.Scrutiny of nominations.(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 3* * * of each candidate, and one other person duly authorized 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.

(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 4[reject] any nomination on any of the following grounds:- 5[(a) 6[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:- Articles 84, 102, 173 and 191, 7* * * --------------------------------------------------------------------- 1 Subs. by Act 10 of 1976, s. 2 and Sch., for certain words (w.e.f. 9- 9-1975). 2 Subs. by Act 27 of 1956, s. 18, for "the persons who have subscribed the nomination paper as proposer and seconder". 3 The words "and one seconder" omitted by s. 19, ibid. 4 Subs. by Act 27 of 1956, s. 19, for "refuse". 5 Subs. by s. 19, ibid., for cls. (a) to (e). 6 Subs. by Act 40 of 1961, s. 9, for "that the candidate" (w.e.f. 20-9-1961). 7 The word "and" ins. by the Adaptation of Laws (No. 2) Order, 1956, omitted by Act 20 of 1963, s. 57 and Sch. II. --------------------------------------------------------------------- 56D 1[Parts II of this Act, and sections 4 and 14 of the Gov- ernment of Union Territories Act, 1963] (20 of 1963.) 2* * *; or (b) that there has been a failure to comply with any of the provisions of section 33 or section, 34 ; or (c)that the signature of the candidate or the proposer on the nomination paper is not genuine.]

(3) Nothing contained in 3[clause (b) or clause (c)] of sub-

section (2) shall be deemed to authorize the 4 [rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.

(4) The returning officer shall not reject any nomination paper on the ground of any 5 * * * defect which is not of a substantial character.

(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such --------------------------------------------------------------------- 1 Subs. by Act 20 of 1963, s. 57 and Sch. II, for the former words. 2 The words and figures "and sections 7 and 17 of the Government of Part C States Act, 1951 (49 of 1951)" omitted by the Adaptation of Laws (No. 2) Order, 1956. 3 Subs. by Act 27 of 1956, s. 19. for "clause (c), clause (d) or clause (e)". 4 Subs. by s. 19, ibid.. for-"refusal". 5 The word "technical" omitted by s. 19, ibid. --------------------------------------------------------------------- 57 proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case 1[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.

(6)The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

2[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time, being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950. (43 of 1950.)

(8)Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated Candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]

Withdrawal of candidature.

37.Withdrawal of candidature. (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, 3* * * or election agent who, has been authorized in this behalf in writing by such candidate. 3* * * * * *

(2)No person who has given a notice of withdrawal of his candi-

dature under sub-section (1) shall be allowed to cancel the notice.

4[(3) The returning officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person --------------------------------------------------------------------- 1 Subs. by Act 40 of 1961, s. 9, for " an objection is made " (w.e.f. 20-9-1961).

2 Subs. by Act 27 of 1956, s. 19, for sub-section (7). 3 The word " seconder" and the proviso omitted by s. 20, ibid.

4 Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9- 1961). --------------------------------------------------------------------- 58

delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]

Publication of list of contesting candidates.

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 validly nominated candidates and who have not withdrawn their candidature within the said period.

7[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:- (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates.

(3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed.]

Nomination of candidates at other elections.

2[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 3 [Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint- (a) the last date for making nominations, which shall be the 4[seventh day] after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be 5[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of candidatures, which shall be 6 [the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken, which or the first, of which shall be a date not earlier --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 21, for s. 38. 2 Subs. by s. 22, ibid., for s. 39. 3 Subs.by the Adaptation of Laws (No. 2) Order, 1956, for "Part C State". 4 Subs. by Act 40 of 1961, s. 1 1, for " tenth day " (w.e.f. 20-9-196 1). 5 Subs. by Act 47 of 1966, s. 30, for " the second day after " (w.e.f. 14-12-1966). 6 Subs. by s. 30, ibid., for "the third day" (w.e.f. 14-12-1966). 7 Subs. by Act 21 of 1996, s. 8 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 59 than the seventh day after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed. 1* * * * * *

(2) The provisions of sections 31 to 38, excluding sub-sections

(2) and (5) of section 33 and 2[clause (a) of sub-section (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency : Provided that- (a) any references in the said provisions to the electoral roll of, the constituency shall, unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the list of members or elected members, as the case may be, of that Assembly maintained

under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a 3[Union territory], as references to the list of members of such

electoral college maintained under sub-section (2) of that section; 5[(aa) the reference in the opening paragraph of sub-section

(1) of section 33 to "an elector of the constituency as proposer" shall be construed as a reference to "ten per cent of the elected members or of the members of the legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers". Provided that where as a result of the calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one-half it shall be ignored,] 5[(ab)] in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that

State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause

(d) of clause, (3) of article 171;] (b) any references in the said provisions to section 30

shall be construed as references to sub-section (1) of this section and (c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.] --------------------------------------------------------------------- 1 Explanation omitted by Act 47 of 1966, S. 30 (w.e.f. 14-12-1966). 2 Subs. by Act 58 of 1958, s. 19, for " section 34 3 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for Part C State". 4 Ins. by Act 47 of 1966, s. 30 (w.e.f. 14-12-1966). 5 Relettered ins Act 1 of 1989 s. 8(w.e.f. 1-4-1989) --------------------------------------------------------------------- 60 CHAP CANDIDATES AND THEIR AGENTS CHAPTER II CANDIDATES AND THEIR AGENTS

Election agents. 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.]

Disqualification for being an election agent. 2[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.]

Revocation of the appointment, or death, of an election agent.

42.(1)Revocation of the appointment, or death, of an election agent. Any revocation of the appointment of an election agent, 3* * *, shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.

4 [(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

Effect of default in appointment of election agent under section 42. 43. [Effect of default in appointment of election agent under section 42.] Rep. by the Representation of the People (Second Amend- ment) Act, 1956 (27 of 1956), s. 25.

Duty of the election agent to keep accounts. 44. [Duty of the election agent to keep accounts.] Rep. by s. 25 ibid.

Functions of election agents. 5[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 per-formed by an election agent.] --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 23, for s. 40. 2 Subs. by Act 47 of 1966, s. 31, for s. 41 (w.e.f. 14-12-1966). 3 The words "whether he be the candidate himself or not" omitted by Act 27 of 1956, s. 24.

4 Subs. by s. 24, ibid., for sub-section (2). 5 Subs. by s. 26, ibid., for s. 45. --------------------------------------------------------------------- 61

Appointment of polling agents. 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.]

Appointment of counting agents. 2[47.Appointment of counting agents. A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to be 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.]

Revocation of the appointment or death of a polling agent or countingagent. 48. Revocation of the appointment or death of a polling agent or

counting agent. (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.

(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer.

Functions of polling agents and counting agents.

49.Functions of polling agents and counting agents. (1) A polling agent may perform such functions in connection with the poll as are authorized by or under this Act to be performed by a polling agent.

(2) A counting agent may perform such functions in connection with the counting of votes as are authorized by or under this Act to be performed by a counting agent. --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 27, for s. 46. 2 Subs. by s, 28, ibid., for s. 47. --------------------------------------------------------------------- 62

Attendance of a contesting candidate or his election agent at pollingstations, and performance by him of the functions of a polling agentor counting agent. 50. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling

agent or counting agent. (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.

(2) A 1[contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such 1[contesting candidate] if appointed, would have been authorized by or under this Act to do, or may assist any polling, agent or the counting agent of such 1[contesting candidate] in doing any such act or thing.

Non-attendance of polling or counting agents. 51.Non-attendance of polling or counting agents. Where any act or thing is required or authorized 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. CHAP GENERAL PROCEDURE AT ELECTIONS CHAPTER III GENERAL PROCEDURE AT ELECTIONS

Death of candidate before the poll. 5[52.Death of candidate before the poll.If a candidate, set up by a recognised political party,- (a) dies at any time after 11 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 36; or (b) whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 36; or (c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the Election Commission and also to the appropriate authority and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election: Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2) The Election Commission shall, on receipt of a report from the

returning officer under sub-section (1), call upon the recognised political party, whose candidate has died; to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations. Provided that no person who has given a notice of withdrawal of his

candidature under sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.

(3) Where a list of contesting candidates had been published under

section 38 before te adjournment of the poll under sub-section (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of

the candidate who has been validly nominated under sub-section (2). Explanation.-For the purposes of this section, sections 33 and 38, "recognised political party" means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.] --------------------------------------------------------------------- 1 Subs. by Act 58 of 1958, s. 20, for "candidate". 2 Subs. by Act 27 of '1956, s. 29, for certain words. 3 Subs. by Act 47 of 1966, s. 32, for " If a contesting candidate dies(w.e.f.14-12-1966). 4 Sub by Act 27 of 1956, s. 29, for the first proviso. 5 Subs. by Act 2 of 1992, s. 2 (w.e.f.4.1.1992). 6 Subs. by Act 21 of 1996, s. 9 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 63

Procedure in contested and unconted elections.

53.3[Procedure in contested and uncontested elections. (1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 4[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 5* * * as the case may be, to elect a person or persons to fill the remaining seat or seats 6* * * : Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 5* * * having already been called upon under this sub-section, has or have failed to elect a person. or the requisite number of persons, as the case may be,, to fill the vacancy or vacancies, the 4 [Election Commission] shall not be bound to call again upon the constituency, or such members to elect a person or persons 7 [until it is satisfied that if called upon again, there will be no such failure on the part of the constituency or such members].

Special procedure at elections in constituencies where seats arereserved for Scheduled Castes or Scheduled Tribes. 54. [Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes.] Rep. by the ---------------------------------------------------------------------

1 Subs. by Act 27 of 1956, s. 29, for " under sub-section (1) of section 37 given a notice of withdrawal of his candidature". 2 The words, brackets, figures and letter "or a notice of retirement

from the contest under sub-section (2) of section 55A " omitted by Act 58 of 1958, s. 2 1.

3 Subs. by Act 27 of 1956, s. 30, for sub-section (1). 4 Subs. by s. 30, ibid., for " appropriate authority". 5 The words "or the elected members of the Coorg Legislative Council omitted by Act 49 of 1951, s. 44 and Sch. V. 6 The words "before such date as may be appointed in this behalf by the Election Commission and specified in the notification " omitted by Act 27 of 1956, s. 30. 7 Subs. by s. 30, ibid.,, for " until such date as the Election Commission may specify in this behalf". --------------------------------------------------------------------- 64 Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).

Eligibility of members of Scheduled Castes or Scheduled Tribes to holdseats not reserved for those castes or tribes. 55.Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes. 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.] 2 55A. [Retirement from contest at elections in Parliamentary and Assembly constituencies.] Rep. by the Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22. CHAP THE POLL CHAPTER IV THE POLL

Fixing time for poll. 56.Fixing time for poll. The 3[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: Provided that the total period allotted on any one day for polling at an election in 4[a Parliamentary or Assembly constituency] shall. not be less than eight hours.

Adjournment of poll in emergencies.

57.Adjournment of poll in emergencies. (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.

(2)Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the --------------------------------------------------------------------- 1 Ins. by Act 20 of 1963, s. 57 and Sch. 11. The words " or under the Government of Part C States Act, 1951, as the case may be" ins. by Act 27 of 1956, s. 32, omitted by the Adaptation of Laws (No. 2) Order,

2 Ins. by Act 27 of 1956, s. 33. 3 Subs. by s. 34, ibid., for " appropriate authority,-". 4 Subs. by Act 58 of 1958, s. 23, for " a constituency". --------------------------------------------------------------------- 65 appropriate authority and the Election Commission, and shall, as soon as may be, with the previous approval of the Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) In every such case as aforesaid, the returning officer shall notify in such manner as the Election Commission may direct the date,

place and hours of polling fixed under sub-section (2).

Fresh poll in the case of destruction, etc., of ballot boxes. 1[58. Fresh poll in the case of destruction, etc., of ballot

boxes. (1) If at any election,- (a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained, or 2[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or"] (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon the Election Commission shall, after taking all material circumstances into account, either- (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 2[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.] 3[58A. Adjournment of poll or counter manding of election on the

ground of booth capturing. (1) If at any election,- (a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or (b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Elec- tion Commission.

(2) The Election Commission shall, on the receipt of a report

from the returning officer under sub-section (1) and after taking all material circumstances into account, either- (a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or (b) if satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency. Explanation.-In this section, "booth capturing" shall have the same meaning as in section 135A.] --------------------------------------------------------------------- 1 Subs. by Act 40 of 1961, s. 13, for s. 58 (w.e.f. 20-9-1961). 2 Ins. by Act 1 of 1989 s. 9(w.e.f. 15-3-1989). 3 Ins. by s. 10, ibid. (w.e.f. 15-3-1989). --------------------------------------------------------------------- 66

Manner of voting at elections. 59.Manner of voting at elections. At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

Special procedure for voting by certain classes of persons. 60.Special procedure 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- (a) any of the following persons to give his vote by postal ballot,and not in any other manner, at an election in a constituency where a poll is taken, namely:- 1[(i) any person to whom the provisions of sub-

section(3) of section 20 of the Representation of the People Act, 1950 apply (43 of 1950.) (ii) the wife of any such person as is referred to in

subclause (i) to whom the provisions of sub-section (6) of the said section 20 apply;] (b) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules. 3["(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules".]

Special procedure for preventing personation of electors. 2[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 :- (a)for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him; (b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950, (43 of 1950.) electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto ; and --------------------------------------------------------------------- 1 Sub.by Act 47 of 1960 s. 33, for sub-clauses (i), (iii) and (iv). Sub-clause (ii) was Omitted by Act 58 'of 1958, a. 24. 2 Subs. by Act 58 of 1958, s. 25, for s. 61. 3 Ins. by Act 30 of 1999, s. 2 (w.e.f. 21-7-1999). --------------------------------------------------------------------- 67 (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such, a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station.] 4[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. Explanation.-For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference 'to a ballot box or ballot paper in this Act or the-rules made thereunder shall, save as otherwise provided, be construed as including a refer- ence to such voting machine wherever such voting machine is used at any election'.]

Right to vote.

62.Right to vote. (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.

(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950.

(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.

(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise,or is in the lawful custody of the police : Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

Method of voting. 63. [Method of voting.] Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 14 (w.e.f.20-9-1961). CHAP COUNTING OF VOTES CHAPTER V COUNTING OF VOTES

Counting of votes. 64.Counting of votes. At every election where a poll is taken, votes shall be counted by. or under the 1[supervision and direction] of, the returning officer, 2[and each contesting candidate], his election agent and his 3[counting agents], shall have a right to be present at the time of counting. --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 36, for "supervision". 2 Subs. by Act 58 of 1958, s. 26, for "candidate". 3 Sub. by Act 27 of 1956, s. 36, for "counting agent" 4 Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989) --------------------------------------------------------------------- 68 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.

(2) Thereupon, the Election Commission shall, after taking all material circumstances into account, either- (a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or (b)if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.]

Equality of votes. 65.Equality of votes. 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.

Declaration of results. 66.Declaration of results. When the counting of the votes has been completed, the returning officer 2 [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.

Report of the result. 67.Report of the result. 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 --------------------------------------------------------------------- 1 Ins. by Act 47 of 1966 s. 34 (w.e.f. 14-12-1966). 2 Subs. by s. 35, ibid, for "shall forthwith declare" (w.e.f. 14-12- 1966). --------------------------------------------------------------------- 69 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.] CHAP MULTIPLE ELECTIONS CHAPTER VI MULTIPLE ELECTIONS

Vacation of seats when elected to both Houses of Parliament. 68.Vacation of seats when elected to both Houses of Parliament.

(1) Any person who is chosen a member of both the House 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 5[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.

(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant.

(3) Any intimation given under sub-section (1) shall be final and irrevocable.

6[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]

Vacation of seats by persons already members of one House on electionto other House of Parliament. 69.Vacation of seats by persons already members of one House on

election to other House of Parliament. (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, 7[on the date on which he is so chosen], become vacant. --------------------------------------------------------------------- 1 Ins. by Act 27 of 1956. s. 37. 2 The word and figures " section 54 " omitted by Act 40 of 1961, s. 15 (w.e.f.20-9-1961). 3 The word, figures and letter " section 55A " omitted by Act 58 of 1958, s. 27. 4 Certain words omitted by Act 103 of 1956. s. 66. 5 Subs. by Act 27 of 1956, s. 38, for certain words. 6 Ins. by s. 38, ibid. 7 Subs. by s. 39. ibid.. for "on the publication In the Gazette of India of the declaration that he has been so chosen". --------------------------------------------------------------------- 70

(2) If a person who is already. a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, 1[on the date on which he is so chosen], become vacant.

Election to more than one seat in either House of Parliament or in theHouse or either House of the Legislature of a State. 70.Election to more than one seat in either House of Parliament or in the House or either House of the legislature of a State. 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 2[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. CHAP PUBLICATION oF ELECTION RESULTS AND NOMINATIONS CHAPTER VII PUBLICATION oF ELECTION RESULTS AND NOMINATIONS

Publication of results of elections to the Council of States and ofnames of persons nominated by the President. 3[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 4[Union territories] at the said elections together with the names 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 ofelectoral colleges for certain Union territories. 72. [Publication of results of elections for the reconstitution of electoral colleges for certain Union territories] Rep., by the Territorial Councils Act, 1956 (103 of 1956), s. 66.

Publication of results of general elections to the House of the Peopleand the State Legislative Assemblies. 73.Publication of results of general elections to the House of the People and the State Legislative Assemblies. 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 5[the Election Commission] in the Official Gazette, as soon as may be after 6[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 --------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 39, for "on the publication in the Gazette of India of the declaration that he has been so chosen". 2 Ins. by s. 40, ibid. 3 Subs' by s. 41, ibid., for ss. 71 to 75. 4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States". 5 Subs. by Act 40 of 1961, s. 16, for "the appropriate authority" (w.e.f.20-9-1961). 6 Subs. by Act 10 of 1967, s. 2, for certain words. --------------------------------------------------------------------- 71 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] 1* * * and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted : Provided that the issue of such notification shall not be deemed- 2[(a) to preclude- (i)the taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed Under clause (d) of section 30; or (ii)the completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the Provisions of section 153; or] (b) to affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notification. 8[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,- (a) the notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and (b) the Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and on such date or dates as it may deem appropriate.]

Publication of results of elections to the State Legislative Councilsand of name of persons nominated to such Councils. 74.Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils. After the elections held 3[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. 4* * * under sub-clause (e) of

clause (3) of article 171.] CHAP ELECTION EXPENSES CHAPTER VIII ELECTION EXPENSES

Application of Chapter. 5[76.Application of Chapter. This Chapter shall apply only to elections to the House of the People and to the Legislative Assembly of a State.

Account of election expenses and maximum thereof.

77.Account of election expenses and maximum thereof. (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all ---------------------------------------------------------------------- 1 Certain words omitted by Act 40 of 1961. S. 16 (w.e.f. 20-9-1961). 2 Subs. by Act 10 of 1967, s. 2, for cl. (a) of the proviso. 3 Ins. by Act 37 of 1957, s. 13. 4 The words " or Rajpramukh, as the case may be omitted by the Adapatation of Laws (No. 2) Order. 1956. 5 Subs. by Act 27 of 1966, s.42. for ss. 76 to 78. 6 Ins. by Act 9 of 1985, s. 2 (w.e.f. 20-11-1984). 7 Ins. by Act 2 of 1990, s. 2 (w.e.f. 21-10-1989) 8 Subs. by Act 31 of 1991, s. 2 (w.e.f. 18-4-1991) ---------------------------------------------------------------------- 72 expenditure in connection with the election incurred or authorized .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. 2 [Explanation 1.-Notwithstanding any judgment, order or decision of any court to the contrary, any expenditure incurred or authorized in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purposes of this sub- section. Provided that nothing contained in this Explanation shall affect. by the election of a candidate to the House of the People or by the election of a candidate to the House of the People or to the Legislative Assembly of a State has been declared void or set aside before the commencement of the Representation of the People (Amendment) Ordinance, 1974; (b) any judgment, order or decision of a High Court whereby the election of any such candidate has been declared void or set aside before the commencement of the said Ordinance, if no appeal has been preferred to the Supreme Court against such judgment, order or decision of the High Court before such commencement and the period of limitation for filing such appeal has expired before such commencement. 4* * * * * 3 [Explanation 3.-For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes

mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this subsection.]

(2) The account shall contain such particulars, as may be prescribed. ---------------------------------------------------------------------- 1. Subs. by Act 40 of 1975, s. 6, for certain words (retrospectively). 2. Ins. by Act 58 of 1974, s. 2 (w.e.f. 19-10-1974). 3. Ins. by Act 40 of 1975, s.6 (retrospectively). 4. Omitted by Act 1 of 1989, s. 12 (w.e.f 15-3-1989) ----------------------------------------------------------------------- 73

(3) The total of the said expenditure shall not exceed such amount as may be prescribed.

Lodging of account with the district election officer.

78. Lodging of account with the district election officer. 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.

3[(2) The reference to the district election officer in sub-

section (1) shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency.] PART DISPUTES REGARDING ELECTIONS PART VI DISPUTES REGARDING ELECTIONS CHAP INTERPRETATION CHAPTER I INTERPRETATION

Definitions. 79.Definitions. In this Part and in 4[Part VII], unless the context otherwise requires- 5[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;] 6[(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election;] (c) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; ----------------------------------------------------------------------

1 S. 78 re-numbered as sub-section. (1) of that section by Act 47 of 1966, s. 36 (w.e.f. 14-12-1966). 2 Subs. by s. 36, ibid., for "returning officer" (w.e.f. 14-12-1966). 3 Ins. by s. 36 ibid. (w.e.f. 14-12-1966). 4 Subs. by s. 37, ibid., for Parts VII and VIII (w.e.f. 14-12- 1966). 5 Ins. by s. 37, ibid. (w.e.f. 14-12-1966). Original cl. (a) was omitted by Act 37 of 1956, s. 43. 6 Subs. by Act 40 of 1975, s. 7 for clause (b) (retrospectively) ----------------------------------------------------------------------- 74 (d) "electoral right" means the right of a person to stand or not to stand as, or 1[to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at an election ; 2[ (e) "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held ;] (f)"returned candidate" means a candidate whose name has been published under section 67 as duly elected. CHAP PRESENTATION OF ELECTION PETITIONS To ELECTION COMMISSION CHAPTER II PRESENTATION OF ELECTION PETITIONS To ELECTION COMMISSION

Elections Petitions. 80.Elections Petitions. No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.

3[80A.High Court to try election petitions. (1) The Court having jurisdiction to try an election petition shall be the High Court.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose : Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.]

Presentation of petitions.

81.Presentation of petitions. (1) An election petition calling in question any election may be presented on one or more of the grounds

specified in 4[sub-section (1)] of section 100 and section 101 to the 5 [High Court] by any candidate at such election or any elector 6[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 Subs. by Act 47 of 1966. s. 37, for "to withdraw" (w.e.f. 14-12- 1966). 2 Subs. by s. 31, ibid., for cl. (e) (w.e.f. 14-12-1966). 3 Ins. by Act 47 of 1966, s. 38 (w.e.f. 14-12-1966).

4 Subs. by Act 27 of 195 s. 44, for " sub-sections (1) and (2) 5 Subs. by Act 47 of 196 s. 39. for "Election Commission" (w.e.f. 14-12-1966). 6 Subs. by Act 27 of 1956 s. 44, for certain words. ---------------------------------------------------------------------- 75 Explanation.-In this sub-section, "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not. 1* * * * * * *

2[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 3* * *, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]

Parties to the petition. 4[82. Parties to the petition. A petitioner shall join as respondents to his petition- (a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates ; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition.]

Contents of petition.

5[83.Contents of petition. (1) An election petition- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.) for the verification of pleadings: 6[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.] ----------------------------------------------------------------------

1 Sub-section (2) omitted by Act 47 of 1966. s. 39 (w.e.f. 14-12- 1966). 2 Ins. by Act 40 of 1961. s. 17 (w.e.f. 20-9-1961). 3 The words "and one more copy for the use of the Election Commission" omitted by Act 47 of 1966. s. 39 (w.e.f. 14-12-1966). 4 Subs. by Act 27 of 1956, s. 45, for s. 82. 5 Subs. by s. 46 ibid.. for s. 83. 6 Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961). ---------------------------------------------------------------------- 76

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.]

Relief that may be claimed by the petitioner. 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. 85. [Procedure on receiving Petition.] Rep. by the Representation of the people (Amendment) Act, 1966 (47 of 1966), s.

CHAP TRIAL OF ELECTION PETITIONS CHAPTER III TRIAL OF ELECTION PETITIONS

Trial of election petitions.

2[86.Trial of election petitions. (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. Explanation.-An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for

the trial of election petitions under sub-section (2) of section 80A.

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him