THE REPRESENTATION OF THE PEOPLE ACT , 1951

 

No.XLIII OF 1951

 

 

An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State,  the qualifications and disqualifications for membership of those Houses, the corrupt and illegal practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

 

                                            [17th July, 1951.]

Contents

PART I

PRELIMINARY

1.Short title

2.Interpretation

PART II

QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP

CHAPTER 1

Qualifications for membership of Parliament.

3.Qualifications for membership of the Council of States

4.Qualifications for membership of the House of the People

CHAPTER II

Qualifications for membership of state Legislatures

5.Qualifications for membership of a Legislative Assembly

6.Qualifications for membership of a Legislative Council

CHAPTER III

Disqualifications

7.Disqualifications for membership of Parliament or of a State Legislature

8.Savings

9.Interpretation, etc

CHAPTER IV

Qualification and disqualification for membership of electoral colleges

10.Qualification for membership of electoral colleges for certain Part C States

11.Disqualification for membership of electoral colleges for certain Part C States

PART III

NOTIFICATION OF GENERAL ELECTIONS

CHAPTER I

Parliament

The Council of States

12.Notification for election to the Council of States

13.Notification for constitution of electoral colleges for certain Part C States

The House of the People

14.General elections to the House of the People

15.Notification for election to the House of the People

CHAPTER.II

State Legislatures

The State Legislative Assemblies

16.General elections to Legislative Assemblies

17.Notification for election to State Legislative Assemblies

The State Legislative Councils

18.Notification for election to State Legislative Councils

PART IV

ADMINSTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

19.Definition

20.Returning Officer for each constituency

21.Returning Officers at other elections

22.Assistant Returning Officers

23.Returning Officer to include Assistant Returning Officers performing the sections of the Returning Officer

24.General duty of the Returning Officer

25.Provision of polling stations for constituencies

26.Appointment of Presiding officers for polling stations

27.General duty of the presiding officer

28.Duties of a polling officer

29.Special provisions in the case of certain elections

PART V

CONDUCT OF ELECTIONS

CHAPTER I

Nomination of candidates

30.Appointment of dates for nominations, etc.,

31.Public notice of election

32.Nomination of candidates for election

33.Presentation of nomination paper and requirements for valid nomination

34.Deposits

35.Notice of nominations and the time and place for their scrutiny

36.Scrutiny of nominations

37.Withdrawal of candidature

38.Publication of nominations

39.Nomination of candidates at other election

CHAPTER II

Candidates and their agents

40.Appointment of election agents

41.Disqualification for being an election

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

43.Effect of default in appointment of election agent under section 42

44.Duty of the election agent to keep accounts

45.Other functions of the election agents

46.Appointment of polling agents

47.Appointment of counting agents

48.Revocation of the appointment, or death, of a polling agent or counting agent

49.Functions of polling agents and counting agents

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

51.Non-attendance of polling or counting agents

CHAPTER III

General Procedure at elections.

52.Death of candidate before poll

53.Procedure in contested and uncontested elections

54.Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes

55.Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes

CHAPTER IV

The Poll

56.Fixing time for poll

57.Adjournment of poll in emergencies

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

59.Manner of voting at elections

60.Special procedure for voting by certain classes of persons

61.Special procedure for preventing personation of electors

62.Right to vote

63.Method of voting

CHAPTER V

Counting of votes

64.counting of votes

65.Equality of votes

66.Declaration of results

67.Report of the result

CHAPTER VI

Multiple elections

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

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

70.Election to more than one seat in either House of parliament of in the House or either House of the Legislature of a State

CHAPTER VII

Publication of election results and nominations

71.Publication of results of elections to the Council of States and of name of persons nominated by the President

72.Publication of results of primary elections for the constitution or constitution of electoral colleges for certain Part C States

73.Publication of results of general elections to the House of the people and of names of persons nominated by the President

74.Publication of results of general elections to the State Legislative assemblies and of names of persons nominated to such assemblies

75.Publication of results of elections to the State Legislative Councils and names of persons nominated to such Councils

CHAPTER VIII

Election expenses

76.Return of election expenses

77.Maximum election expenses , etc

78.Application of this chapter to certain elections

PART VI

DISPUTES REGARDING ELECTIONS

CHAPTER I

Interpretation

79.Definitions

CHAPTER II

Presentation of election petitions to Election Commission

80.Election Petitions

81.Presentation of Petitions

82.Parties to the petition

83.Contents of petition

84.Relief that may be claimed by the petitioner

85.Petition when to be dismissed

CHAPTER III

Trial of election petitions

86.Appointment of Election Tribunal

87.Connected petitions to be referred to same Tribunal

88.Place of trial

89.Attendance of law officers

90.Procedure before the Tribunal

91.Appearance before Tribunal

92.Powers of the Tribunal

93.Documentary evidence

94.Secrecy of voting not to be infringed

95.Answering of criminating questions and certificate of indemnity

96.Expenses of witnesses

97.Recrimination when seat claimed

98.Decision of the Tribunal

99.Other orders to be made by the Tribunal

100.Grounds for declaring election to be void

101.Grounds for which a candidate other than the returned candidate may be declared to have been elected

102.Procedure in case of an equality of votes

103.Communication of orders to the Election Commission and the transmission of the records of the case

104.Difference of opinion among the members of the Tribunal

105.Orders of the Tribunal to be final and conclusive

106.Transmission of order to the appropriate authority etc., and its publication

107.Orders to take effect only on publication

CHAPTER IV

Withdrawal and abatement of election petition

108.Withdrawal of petitions before appointment of Tribunal

109.Withdrawal of petitions after appointment of Tribunal

110.Procedure for withdrawal of petitions before the Election Commission or the Tribunal

111.Report of withdrawal by the Tribunal to the Election Commission

112.Abatement of election petitions

113.Abatement of petition before appointment of Tribunal

114.Abatement of petition after appointment of Tribunal

115.Substitution on death of petitioner

116.Abatement or substitution on death of respondent

CHAPTER V

Costs and security for costs

117.Deposit of security

118.Further security for costs

119.Security for costs from a respondent

120.Costs

121.Payment of costs out of security deposits and return of such deposits

122.Execution of orders as to costs

PART VII

CORRUPT AND ILLEGAL PRACTICES AND ELECTORAL OFFENCES

CHAPTER I

Corrupt Practices

123.Major corrupt practices

124.Minor corrupt practices

CHAPTER II

Illegal Practice

125.Illegal Practice

CHAPTER III

Electoral offences

126.Prohibition of public meetings on the election day

127.Disturbances at election meetings

128.Maintenance of secrecy of voting

129.Officers, etc., at elections not to act for candidates or to influence voting

130.Prohibition of canvassing in or near polling stations

131.Penalty for disorderly conduct in or near polling stations

132.Penalty for misconduct at the polling station

133.Penalty for illegal hiring or procuring of conveyances at elections

134.Breaches of official duty in connection with election

135.Removal of ballot papers from polling station to be an offence

136.Other offences and penalties therefor

137.Prosecution regarding certain offences

138.Amendment of Act V of 1898

PART VIII

DISQUALIFICATIONS

CHAPTER 1

Disqualifications for membership

139.Offences entailing disqualification

140.Corrupt and illegal practices entailing disqualification

CHAPTER II

Disqualifications for voting

141.Disqualification arising out of conviction and corrupt practices

142.Disqualification arising out of illegal practices

143.Disqualification arising out of failure to lodge return of election expenses

144.Removal of disqualifications

CHAPTER III

Other disqualifications

145.Disqualification for being an election agent

146.Disqualification for holding certain offices

PART IX

BYE- ELECTIONS

147.Casual vacancies in the Council of States

148.Casual vacancies in the electoral colleges for certain Part C States

149.Casual vacancies in the House of the people

150.Casual vacancies in the State Legislative Assemblies

151.Casual vacancies in the State Legislative Councils

PART X

MISCELLANEOUS

152.List of members of the State Legislative Assemblies and electoral colleges and of elected members of the Coorg Legislative Council to be maintained by the Returning Officers concerned

153.Extension of time for completion of election

154.Term of office of members of the Council of states

155.Commencement of the term of office of members of the Council of States

156.Term of office of members of State Legislative Councils

157.Commencement of the term of office of members of the Legislative councils

158.Return or forfeiture of deposits

159.Staff of every local authority to be made available for election work

160.Requisitioning of premises, vehicles etc., for election purposes

161.Payment of compensation

162.Power to obtain information

163.Powers of entry into and inspection of premises, etc

164.Eviction from requisitioned premises

165.Release of premises from requisition

166.Delegation of functions of the State Government with regard to requisitioning

167.Penalty for contravention of any order regarding requisitioning

168.Special provisions with respect to Rulers of former Indian States

PART XI

GENERAL

169.Power to make rules

170 Jurisdiction of civil courts barred.

171.     Repeal of Act XXXIX of 1920.

 

BE it enacted by Parliament as follows:-

 

PART I

 

PRELIMINARY

 

    

1.Short title

.--This Act may be called the  Representation of the people Act, 1951.

 

    

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  (XLIII 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  or to a primary election, the Central Government, and in relation to an  election  to  the Legislative  Assembly  or  the  Legislative Council of a State, the state Government;

 

       (c)   "corrupt  practice"  means  any  of  the   practices specified in section 123 or section 124;

 

(d)  "election" means an election to fill a seat or  seats in either Houses of parliament or in the House or either House  of the  Legislature  of a State other than the State  of  Jammu  and Kashmir and includes a primary election;

 

       (e)  "elector"  in  relation to a  constituency,  means  a person  whose name is for the time being entered in the  electoral roll of that constituency;

 

       (f)   "illegal  practice"  means  any  of  the   practices specified in section 125;

 

       (g) "prescribed" means prescribed by rules made under this Act;

 

       (h)  "primary election" means an election for the  purpose of  constituting  or reconstituting an  electoral  college  under section 27a of the Representation of the People Act, 1950  (XLIII of  1950)  for  a scheduled Part C State or for  the  purpose  of filling  any  casual  vacancy in the seat of  a  member  of  such electoral college;

 

       (i) "Scheduled Castes" and "Scheduled Tribes" in relations to a Part C State, mean respectively the castes specified in  the Sixth  Schedule and the tribes specified in the Seventh  Schedule to the Representation of the People Act, 1950 (XLIII of 1950)  in relation to that State;

 

       (j)  "scheduled Part C State: means any Part C  State  or group  of such States for the time being specified in  the  first column of the Fifth Schedule to the Representation of the People Act, 1950 (XLIII of 1950).

 

       (k) "sign" in relation to a person who is unable to  write his name means authenticate in such manner as may be prescribed;

 

       (l) "Tribunal" means a tribunal appointed by the  Election Commission under section 86.

 

     (2)  For  the  purposes of this Act,  a  Council  of  States constituency,   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.

 

     (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 Gazette of India;

 

(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 or to a  primary election, and in the Official Gazette of the State if it  relates to an election to, or membership of, the House of 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.

 

     (5) Any reference in this Act to a law which is not in force in a Part B State shall, in relation to that state, be  construed as a reference to the corresponding law, if any, in force in that State.

 

     (6)  Any  reference in this Act to a High Court  or  to  the Judge of a High Court shall, in relation to a Part C State 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.

 

     (7) Any reference in this Act to the Legislative Council  of a  State shall be construed as not including a reference  to  the Coorg Legislative Council.

 

PART II

 

QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP

 

CHAPTER 1

 

Qualifications for membership of Parliament.

 

    

3.Qualifications for membership of the Council of States

.--(1)  A  person  shall  not  be  qualified  to  be  chosen  as   a representative  of  any Part A or Part B State  (other  than  the State of Jammu and Kashmir) in the Council of States unless he is an elector for a Parliamentary constituency in that state.

 

     (2)  A  person  shall not be qualified to  be  chosen  as  a representative of the States of Ajmer and Coorg or of the  States of  Manipur and Tripura in the Council of States unless he is  an elector for any Parliamentary constituency in the State in  which the election of such representative is to be held.

 

     (3)  Save as otherwise provided in sub-section (2) a  person shall  not be qualified to be chosen as a representative  of  any Part  C  State or group of such States in the Council  of  States unless he is an elector for a Parliamentary constituency in  that State or in any of the States in that group, as the case may be,

 

    

4.Qualifications 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, other than a seat allotted to the state  of Jammu and Kashmir or to the Andaman and Nicobar Islands, 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; and

 

       (d)  in the case of any other seat, he is an  elector  for any parliamentary constituency.

 

CHAPTER II

 

Qualifications for membership of state Legislatures

 

    

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, other than a seat the constituency for  which comprises  the cantonment and municipality of Shillong, he  is  a member of a Scheduled Tribe of that district and is a elector for the Assemble constituency in which such seat or any other seat is reserved for that district; and

 

       (c)  in the case of any other seat, he is an  elector  for any Assembly constituency in that State.

 

 

6.Qualifications 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 or the Rajpramukh, as the case may be, unless he is ordinarily resident in the State.

 

CHAPTER III

 

Disqualifications

 

     

7.Disqualifications for membership of Parliament or of a State Legislature

.--  A person shall be 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-

 

       (a)  if, whether before or after the commencement  of  the Constitution,  he has been convicted, or has, in proceedings  for questioning the validity or regularity of an election, been found to  have  been  guilty,  of any offence  or  corrupt  or  illegal practice which has been declared by section 139 or section 140 to be  an  offence  or  practice  entailing  disqualification   for membership  of Parliament and of the Legislature of every  State, unless  such  period  has elapsed as has been  provided  in  that behalf  in the said section 139 or section 140, as the  case  may be;

 

         (b) if,   whether  before  or  after  the  commencement   of   the Constitution,  he  has been convicted by a court in India  of  any offence and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such  less period  as  the Election Commission may allow in  any  particular case, has elapsed since his release;

 

         (c) if, having been nominated as a candidate for Parliament or the Legislature of any State or having acted as an election agent  of  any  person  so  nominated, he has failed to lodge  a  return  of election  expenses within the time and in the manner required  by or  under this Act, unless five years have elapsed from the  date by  which  the return ought to have been lodged or  the  Election Commission has removed the disqualification;

 

(d) if, whether by himself or by any person or body of persons  in trust  for him or for his benefit or on his account, he  has  any  share or interest in a contract for the supply of goods to, or for the  execution  of any works or the performance of  any  services  undertaken by, the appropriate Government;

 

        (e) if he is a director or managing agent of, or holds any office of  profit  under,  any  corporation  in  which  the  appropriate Government has any share or financial interest;

 

         (f) if,  having held any office under the Government of  India  or the Government of any State or under the Crown in India or  under the  Government  of an Indian State, he has,  whether  before  or after  the commencement of the Constitution, been  dismissed  for corruption  or disloyalty to the State, unless a period  of  five years his elapsed since his dismissal.

 

   

8.Savings

:--(1) Notwithstanding anything in section 7--

 

     (a)  a  disqualification under clause (a) or clause (b)  of  that section  shall  not,  in  the case of a  person  who  becomes  so disqualified  by  virtue  of a conviction  or  a  conviction  and sentence  and is at the date of the disqualification a member  of Parliament  or of the Legislature of a State, take  effect  until three months have elapsed from the date of such disqualification, or  if  within  these  three months an  appeal  or  petition  for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of;

 

     (b) a disqualification under clause (c) of that section shall not take  effect until the expiration of two months from the date  by which the return of election expresses ought to have been  lodged or  of such longer period as the Election Commission may  in  any particular case allow;

 

      (c)  a  disqualification under clause (d) of that  section  shall not,  where the share or interest in the contract devolves  on  a person by inheritance or succession or as a legatee, executor  or administrator,  take  effect until the expiration of  six  months after  it has so devolved on him or of such longer period as  the Election Commission may in any particular case allow;

 

      (d)  a person shall not be disqualified under clause (d) of  that section by reason of his having a share or interest in a contract entered  into  between   a  public  company  of  which  he  is  a shareholder but is either a director holding an office of  profit under  the  company  nor a managing  agent  and  the  appropriate Government;

 

       (e)  a person shall not be disqualified under clause (e) of  that section  by reason of his being a director unless the  office  of such  director is declared by Parliament by law to  so  disqualify its holder;

 

        (f)  a  disqualification under clause (e) of that  section  shall not, in the case of a director, take effect where the law  making any  such  declaration as is referred to in clause  (e)  of  this section  in respect of the office of such director has come  into force  after the director has been chosen a member of  Parliament or  of the Legislature of a State, as the case may be, until  the expiration  of six months after the date on which such law  comes into  force or of such longer period as the  Election  Commission may in any particular case allow;

 

      (g) a disqualification under clause (f) of that section may,  in, the  case of any of the candidates for the first elections  under this Act, be removed by the Election Commission for reasons to be recorded by it in writing.

 

    (2) Nothing in clause (d) of section 7 shall extend to a  contract entered  into between a co-operative society and the  appropriate Government.

 

    

9.Interpretation, etc

.--(I) 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) "public company" means a public company as defined in section 2 of the Indian Companies Act, 1913 (VII of 1913).

 

     2.For the avoidance of doubt it is hereby declared that   where any  such contract is referred to in clause (d) of section 7  has been entered into by or in behalf of a Hindu undivided family and the  appropriate  Government, every member of that  family  shall become  subject  to the disqualification mentioned  in  the  said clause; but where the contract has been entered into by a  member of  a Hindu undivided family carrying on a separate  business  in course  of  such business, any other member of  the  said  family having  no  share or interest in that business shall  not  become subject to such disqualification.

 

 

     (3) If any question is raised as to whether a person who,  having held any office referred to in clause (f) of section 7, has  been dismissed is disqualified under that clause for being chosen  as a  member  of either House of Parliament or  of  the  Legislative Assembly  or Legislative Council of a State, the production of  a certificate  issued  in  the prescribed manner  by  the  Election Commission to the effect that such person has not been  dismissed for  corruption  or disloyalty to the State shall  be  conclusive proof that he is not disqualified under that clause.

 

CHAPTER IV

 

Qualification and disqualification for membership of electoral colleges

 

   

10.Qualification for membership of electoral colleges for certain Part C States

.--A person shall not be qualified  to  be chosen as a member of an electoral college for any scheduled Part C  State,  unless  he  is an elector for  any  Council  of  State constituency in that State.

 

 

11.Disqualification for membership of electoral colleges for certain Part C States

.--A person shall be  disqualification  for being  chosen  as  a  member of  an  electoral  college  for  any scheduled  Part  C State if he is for the time being any  of  the provisions of article 102.

 

PART III

 

NOTIFICATION OF GENERAL ELECTIONS

 

CHAPTER I

 

Parliament

 

The Council of States

 

   

12.Notification for election to the Council of States

.--(1)  For the  purpose  of constituting  the Council of  States  under  the Constitution in due time, the President shall,--

 

          (a)  after  the names of the elected members of  the  Legislative Assemblies  of  Part A States and Part B States  other  than  the State   of  Jammu  and  Kashmir  first  constituted   under   the Constitution  have been notified under section 67, call upon  the elected  members of each such Assembly, by a notification in  the Gazette  of  India,  to  elect members  in  accordance  with  the provisions  of  this  Act  and  of  the  rules  and  orders  made thereunder before such date as may be appointed in this behalf by the Election Commission and specified in such notification, and

 

          (b) after the names of the members of the electoral colleges  for the scheduled Part C States first constituted under Part IV-A  of the  Representation  of the People Act, 1950 (XLII of  1950)  have been notified under section 67, by another notification call upon the  members  of the electoral college for each Part C  State  or group  of such States concerned to elect a member or  members  in accordance  with the provisions of this Act and of the rules  and orders  made thereunder before such date as may be  appointed  in this  behalf  by the Election Commission and  specified  in  such notification.

 

    (2)  For the purpose of filling the seats of members retiring  on the  expiration  of  their respective terms of  office  in  every second year after the constitution of the Council of States,  the President shall,--

 

        (a)  by  a notification in the Gazette of India,  call  upon  the elected members of the Legislative Assembly of each of the  State referred  to  in sub-section (1) concerned to  elect  members  in accordance  with the provisions of this Act and of the rules  and orders  made thereunder before such date as may be  appointed  in this  behalf  by the Election Commission and  specified  in  such notification, and

 

        (b)  by  another  notification  call  upon  the  members  of  the electoral college for each of the Part C States and group of such States  concerned  and  also the elected  members  of  the  Coorg Legislative Council if necessary, to elect a member of members in accordance  with the provisions of this Act and of the rules  and orders  made thereunder before such date as may be  appointed  in this  behalf  by the Election Commission and  specified  in  such notification:

 

dates, not being more than four months prior to the date on which the  term  of office of the retiring members would  expire  under section 154, as may be recommended in this behalf by the Election Commission.

 

    

13.Notification for constitution of electoral colleges for certain Part C States

.--For the purpose of the first constitution and  of each subsequent reconstitution of the  electoral  college for  each  scheduled  Part  C  State  under  Part  IV-A  of   the Representation  of  the  People Act, 1950  (XLIII  of  1950)  the President  shall  by one or more notification in the  Gazette  of India  call upon all Council of States constituencies   concerned to  elect members in accordance with the provisions of  this  Act and  of the rules and orders made thereunder before such date  or dates  as  may  be  appointed in  this  behalf  by  the  Election Commission and specified in the notification or notifications:

 

     Provided that every such notification calling upon the Council of States constituencies in any Part C State or group of such States shall  be  issued,  as for as may be, at the  same  time  when  a notification calling upon the Parliamentary constituencies in such State  or  group of States to elect a member or members  for  the purpose of constituting the House of the People in due time or on the  expiration  of  the  duration  of  that  House  or  on   its dissolution, as the case may be, is issued.

 

The House of the People

 

     

14.General elections to the House of the People

.--(1)A  general election shall be held for the purpose of constituting the  House of the People under the Constitution in due time.

 

       (2)  A general election shall also be held on the  expiration  of the duration of the House of the People or on its dissolution  in order that a new House of the People may be constituted.

 

      

15.Notification for election to the House of the People

.--For the  purpose  of constituting the House of the People  under  the Constitution in due time or on the expiration of the duration  of the  House  of the People or on its  dissolution,  the  President shall,  by one or more notification published in the  Gazette  of India on such date or dates as may be recommended by the Election Commission  call  upon all the Parliamentary  constituencies  to elect  members in accordance with the provisions of this Act  and of the rules and orders made thereunder before such date or dates as may be appointed in this behalf by the Election Commission and specified in the notification or notification:

 

        Provided  that for the purpose of constituting the House  of  the People  on the expiration of its duration, no  such  notification shall be issued at any time earlier than for months prior to  the date  on  which  the duration of the House of  the  People  would expire in the ordinary course of events.

 

CHAPTER.II

 

State Legislatures

 

The State Legislative Assemblies

 

     

16.General elections to Legislative Assemblies

.--(1) A  general election  shall  be  held for the  purpose  of  constituting  the Legislative Assembly of each State under the Constitution in  due time.

 

      (2)  A general election shall also be held on the  expiration  of the duration of an Assembly or on its dissolution in order that a new Assembly may be constituted.

 

      

17.Notification for election to State Legislative Assemblies

.-- For  the  purpose of constituting the Legislative Assembly  of  a State under the Constitution in  due time or on the expiration of the  duration of an Assembly or on its dissolution, the  Governor or Rajpramukh, as the case may be, of the State  shall,  by  one or more  notifications  published  in  the Official  Gazette on such date or dates as may be recommended  by the   Election   Commission,   call   upon   all   the   Assembly constituencies to elect members in accordance with the provisions of  this Act and of the rules and orders made  thereunder  before such  date  or  dates as may be appointed in this  behalf  by  the Election   Commission  and  specified  in  the  notification   or notifications:

               

      Provided that for the purpose of constituting the Legislative Assembly of  a State  on the expiration of its duration , no such notification shall be issued at any time earlier than four months prior to the  date  on which the duration of the Legislative Assembly  of the State would expire  in the ordinary course of  events.

 

The State Legislative Councils

 

   

18.Notification for election to State Legislative Councils

.--(1) For  the  purpose of constituting the Legislative  Council  of  a State  under  the  Constitution  in due  time,  the  Governor  or Rajpramukh of the State, as the case may be, shall--

 

          (a)  by  a notification in the Official Gazette call  upon  every local authorities constituency, every graduates' constituency and every  teachers'  constituency to elect in  accordance  with  the provisions  of  this  Act  and  of  the  rules  and  orders  made thereunder  a  member  or  members before such  date  as  may  be appointed in this behalf by the Election Commission and specified in such notification, and

 

           (b) after the names of the members of the Legislative Assembly of the  State  first  constituted under the  Constituted  have  been notified  under  section 67, call upon such members,  by  another notification  in  the  Official  Gazette,  to  elect  members  in accordance  with the provisions of this Act and of the rules  and orders  made thereunder before such date as may be  appointed  in this  behalf  by the Election Commission and  specified  in  such notification.

 

     (2)  For the purpose of filling the seats of members retiring  on the  expiration  of  their respective terms of  office  in  every second year after the constitution of the Legislative Council  of a State, the Governor or Rajpramukh, as the case may be, shall-

 

        (a)  by  a notification in the Official Gazette  call  upon  every local authorities constituency, every graduates' constituency and every teachers constituency concerned to elect in accordance with the  provisions  of  this Act and of the rules  and  orders  made thereunder  a  member  or  members before such  date  as  may  be appointed in this behalf by the Election Commission and specified in such notification, and

 

        (b) by another notification in the Official Gazette call upon the members of the Legislative Assembly of the State to elect members in  accordance with the provisions of this Act and of  the  rules and  orders made thereunder before such date as may be  appointed in  this behalf by the Election Commission and specified in  such notification:

 

     Provided  that the notification under this sub-section  shall  be issued  on such dates, not being more than four months  prior  to the date on which the term of office of the retiring members would expire under section 156, as may be recommended in this behalf by the Election Commission.

 

 

PART IV

 

ADMINSTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

 

   

19.Definition

.--In  this Part and in Part V, unless  the  context otherwise  requires,  "constituency" means a  Council  of  States constituency  or  a  Parliamentary constituency  or  an  Assembly constituency or a Council constituency.

 

   

20.Returning Officer for each constituency

.--For each constituency where shall be a Returning Officer, who shall be such officer  of Government  of the Election Commission may, in  consultation  with the  Government of the State which the constituency is  situated, designate or nominate:

 

    Provided that nothing in this section shall prevent the  Election Commission  from designating or nominating the same person to  be the Returning Officer for have than one constituency.

 

   

21.Returning Officers at other elections

.--The Returning Officer for  an action (other than a primary election) to fill a seat  or seats  in the Council of dates 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  be  such  officer Government  as the Election Commission may, in  consultation  with the Government of that State, designate or nominate.

 

   

22.Assistant Returning Officers

.--(1) The  Election  Commission may appoint be or more persons to assist any Returning Officer in the performance of his functions.

 

    Provided   that  every  such  person  shall  be  an  officer   of Government.

 

     (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  sections  of  the  Returning Officer  which  relate  to  the  acceptance of a nomination per or to the scrutiny of  nominations or  to  the  counting of votes unless the  returning  officer  is unavoidably prevented from performing the said function.

 

    

23.Returning Officer to include Assistant Returning Officers performing the sections of the Returning Officer

.--Reference  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.

 

   

24.General duty of the Returning Officer

.--It  shall  be  the general  duty of he 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  it  and rules or orders made thereunder.

 

   

25.Provision of polling stations for constituencies

.--The Returning  Officer or each constituency shall, with the  previous approval of the Election Commission, provide a sufficient  number of polling stations for such constituency, and shall publish,  in such manner as the Election Commission may direct, a list  knowing the polling stations so provided and the polling areas for  which they are respectively been provided.

 

    

26.Appointment of Presiding officers for polling stations

.--(1) The Returning Officer shall appoint a presiding officer for  each polling station and such polling officer or officers as he thinks necessary,  but  he  shall not appoint any  person  who  is  been employed  or  on behalf of, or has been  otherwise  working  for, 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 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 Returning Officer accordingly.

 

      (2) A  polling  officer, shall, if so directed  by  the  presiding officer,  perform  all  of 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  obliged to absent himself  from  the  polling station, his functions shall be formed by such polling officer as has  been  previously  authorised by  the  Returning  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 authorised to perform  under sub-section (2) or sub-section (3) as the case may be.

 

      

27.General duty of the presiding officer

.--It  shall  be  the general duty the presiding officer at a polling station to  keep order thereat and to see the poll is fairly taken.

 

      

28.Duties of a polling officer

.--It shall be the duty  of  the polling officer a polling station to assist the presiding officer for such station in the perform of his functions.

 

 

29.Special provisions in the case of certain elections

.--(1) The Returning Officer for an election (other than a primary election) to fill a seat or seats in Council of States or for an election by the members of the Legislative Assemble of a State to fill a seat or  seats  in  the Legislative Council of the  State  shall,  the previous  approval of the Election Commission, fix the  place  at which  poll will be taken for such election and shall notify  the place  so  fixed  in the manner as the  Election  Commission  may direct.

 

     (2) The Returning Officer shall preside over such election at the places fixed and shall appointed such polling officer or officers to  assist him as he the necessary but he shall not  appoint  any persons  who  has  been employed by or behalf  of,  or  has  been otherwise working for, a candidate in or about the elect.

 

PART V

 

CONDUCT OF ELECTIONS

 

CHAPTER I

 

Nomination of candidates

 

   

30.Appointment of dates for nominations, etc.,

-- As soon  as the  notifications calling upon a constituency to elect a  member or members is issued under Act, the appropriate authority in  the case where such notification has been issued under the provisions of Part III or of this Part and the Election Committee in the case where such notification has been issued under the provision  Part IX, shall, by notification in the Official Gazette, appoint---

 

   (a) the last date for making nominations which shall be a date for  making  nominations  which shall be a date  later  than  the fourteenth day after the date publication  of the first mentioned  notification  nor earlier than the eighth day after the  date  of publication  of the notification under this section;

 

   (b) the date for the scrutiny of nominations, which shall be a date  later than the seventh day after the last date  for  making nominations;

 

   (c)  the  last date for the withdrawal  of  candidates,  which shall  be  the  third  day after the date  for  the  scrutiny  of nominations; and

 

   (d) the date or dates on which a poll shall, if necessary,  be taken  while  or the first of which shall be a date  not earlier than  the thirtieth day after the last date for the withdrawal  of candidatures.

 

   

31.Public notice of election

.----  On  the  issue  of   a notification   under  section  the  Returning  Officer  for   the constituency shall give public notice of the intended election in such form and manner as may be prescribed, inviting nomination of candidates  for such election and specifying the place  at  which the nomination papers are to be delivered.

 

    

32.Nomination of candidates for election

.---  Any  person  may  be nominated  as  a candidates for election to fill a  seat  in  any constituency  if he is qualified to be chosen to fill  that  seat under the provision of the Constitution and this Act.

 

    

33.Presentation of nomination paper and requirements for valid nomination

.---  (1) On or before the date appointed under  clause (a)  of section 30 each candidate shall either in person or  by his or prosper or seconder, between the hours of eleven o,  clock in the forenoon and three o, clock in the afternoon deliver,  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 prescribed by the candidate  himself  as assenting  to  the nomination and by two persons referred  to  in sub-section(2) as prosper and seconder.

 

     (2) Any person whose name is registered in the electoral roll  of the  constituency and who is not subject to any  disqualification mentioned in section 16 the Representation of the People Act 1950 (XIIII  of  1950)  may  subscribe proper  or  seconder  as  many nomination  papers as there are vacancies to filled but no more;

 

     Provided  that if the name of a person is entered more than  once in  the  electoral roll of a constituency or is included  in  the electoral roll of two or more constituencies of the same class, such  person  shall  not  be entitled  to  subscribe  prosper  or seconder  more  than  one nomination paper for  each  vacancy  to filled  in  that  constituency  or in  not  more  than  one  such constituencies of same class.

 

(3) Every nomination paper delivered under sub-section (1)  shall be  accomplished  by a declaration in writing  subscribed  by  the candidate that the candidates has appointed as his election agent for  the  election  either himself or other  person  who  is  not disqualified  under  this Act, for the appointment  and  shall  be named in the declaration, and by such other declarations, if any, may  be  prescribed and no candidate shall be deemed to  be  duly nominated as such declaration is , or all such declarations  are, delivered along with nomination paper;

 

       Provided that in a constituency where any seat is reserved  for the Scheduled castes for the Scheduled Tribes, no candidate shall be  deemed to be qualified to be chosen to fill that  seat  unless his nomination paper is accompanied by a declaration verified  in the  prescribed  manner  that  the  candidate  is  a  member  of Scheduled  Castes or of the Scheduled Tribes for which  the  seat has  been so served and the declaration specifies the  particular caste  or tribe of which the candidates is a member and also  the area  in  relation  to  which such caste  or  tribe  one  of  the Scheduled Castes or Scheduled Tribes, as the case may be:

 

      Provided  further  that in a constituency where  any  seat  is reserved  for  an  autonomous district of Assam  other  than  the constituency   comprising  the  cantonment  and  municipality   of Shillong,  no candidate shall be deemed to be duly  nominated  for the  seat so reserved unless the nomination paper is  accompanied by  a  declaration  verified in the prescribed  manner  that  the candidate  a  member  of  any of the  Scheduled  Tribes  of  that district  and  the declaration verifies the particular  tribe  of which the candidate is a member:

 

     Provided  also  that where any person having  held  any  office referred to in clause (f) of section 7 has been dismissed and the period  of  five years from the date of such  dismissal  has  bot expired or the disqualification if any, under that clause has not been removed by the Election Commission under clause (g) of  sub- section  (1) of section 8, 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) Any nomination paper which is not received before three  o, clock  in the afternoon on the last date appointed  under  clause (a) of section 30 shall be rejected.

 

    (5)  On  the presentation of a nomination  paper,  the  Returning Officer  shall  satisfy  himself that names  and  electoral  roll numbers of the candidate and his prosper and seconder as  entered in  the  nomination paper are the same as those  entered  in  the electoral rolls:

 

    Provided that the Returning Officer may---

 

     (a)  permit any clerical error in the nomination paper in  regard to  the  said name or numbers to be corrected in order  to  bring them  into  conformity  with the  corresponding  entries  in  the electoral rolls; and

 

     (b) where necessary direct that any clerical or printing error in the said entries shall be overlooked.

 

   (6) If at the time of the presentation of the paper the Returning  Officer finds that the same of the candidate is not registered in the  electoral of the constituency for which he is the  Returning Officer he shall for the proposes of sub-section (5) require  the person  presenting the nomination paper produce either a copy  of the electoral roll in which the name of the candidate is included or a certified copy of the relevant entries in such roll.

 

   (7)  Nothing  in this section shall prevent  any  candidate  from being nominated by more than one nomination paper for election in the same constituency.

 

  

34.Deposits

.---(1)  A  candidate shall not be deemed  to  be  duly nominated  unless  be deposits or causes to be deposited  in  the case of an election to payment (other than a primary election)  a sum  of  five hundred rupees, in the case of an election  to  the Legislature of a State a sum of two hundred and fifty rupees, and in the case of a primary election a sum of fifty rupees:

 

    Provided that ---

 

(a)  where the candidate is a member of any of the  Scheduled Caste or the Scheduled Tribes the amount to be deposited by  him or  on  his behalf shall be two hundred any fifty rupees  in  the case of an election to payment (other than a primary election) and  one  hundred  and  twenty rupees in case of an  election  to  the Legislature of a State;

 

    (b)  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 the nomination paper  under  sub-section  33  the candidate has either deposited or caused  to  be deposited that sum with the Returning Officer in case 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 Government Treasury.

 

    

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) 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 top him; and shall, as soon as

may  be thereafter, cause to be affixed 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 the persons who have subscribed the  nomination paper as proposes and seconder.

 

   

36.Scrutiny of nominations

.----- (1) On the date fixed for  the scrutiny  of nominations under section 30, the  candidates  their election agents, one proposer and one seconder of each candidate, and  one  other  person  duly  authorised  in  writing  by  each candidate, but no other person, may attend at such time and place as  the Returning Officer may appoint; and the Returning  Officer shall  give  them  all reasonable facilities  for  examining  the nomination  papers  of all candidates which have  been  delivered within 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 to any  nomination, and  may,  either on such objection or on his own  motion,  after such summary inquiry, if any, as he thinks necessary, refuse  any nomination of any of the following grounds:-

 

       (a) that the candidate is not qualified to be chosen to fill the seat under the Constitution or this Act; or

 

       (b) that the candidate is disqualified for being chosen to fill the seat under the Constitution or this Act; or

 

        (c) that a prosper or seconder is disqualified from subscribing a nomination paper under sub-section (2) of section 33; or

 

        (d)  that there has been any failure to comply with any of  the provisions of section 33 or section 34; or

 

         (e)  that  the signature of the candidate or  any  prosper  or seconder is not genuine or has been obtained by fraud.

 

(3)  Noting contained in clause (c), clause (d) or clause (e)  of sub-section  (2) shall be deemed to authorise the refusal 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  technical 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 proceedings  are  interrupted  or  obstructed  by  riot  or  open violence or by causes beyond his control:

 

Provided  that  in  case an objection  is  made  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 proceeding 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.

 

(7) For the purposes of this section----

 

  (a)  the production of any certified copy of an entry  made  in the  electoral  roll  of any  constituency  shall  be  conclusive evidence of the right of any elector named in that entry to stand for election or to subscribed a nomination paper; as the case may be  unless it is proved that the candidate is disqualified  under the  Constitution or this Act, or that the proposer or  seconder, as  the  case may be, is disqualified under  sub-section  (2)  of section 33;

 

  (b)  where  a  person has subscribed  whether  as  proposer  or seconder,  a  larger number of nomination papers than  there  are vacancies to be filled, those of the papers so subscribed  which have  been  first received, up to the number of vacancies  to  be filled, shall be deemed to be yalid.

 

  

37.Withdrawal of candidature

.----  (1) Any candidate 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,  seconder or  election  agent  who has been authorised in  this  behalf  in writing by such candidate:

 

Provided  that  if  that day is a  public  holiday  within  the meaning  of  section 25 of the Negotiable  Instrument  Act,  1881 (XXVI of 1881) or has been notified by the State Government as  a day  to  be observed as a holiday in Government  offices  in  the State,  the  notice  of  withdrawal  of  a  candidature  shall  be considered  as having delivered in due time if it  is  delivered  before three o' clock in the afternoon on the next succeeding  day which neither such a public holiday nor a day so notified.

 

    (2)  No  person  who  has given a notice   of  withdrawal  of  his candidature under sub-section (1) shall be allowed to cancel  the notice.

 

    (3)  The  Returning  Officer  shall, on  receiving  a  notice  of withdrawal  under  sub-section (1) as soon as may  be  thereafter, cause  a notice of the withdrawal to be fixed in some  conspicuous place in his office.

 

   

38.Publication of nominations

.- The Returning Officer shall , immediately , after  the expiry of the period within which candidatures may be withdrawn  under sub-section (1) of section 37 , prepare and publish a list of valid nomination  in such manner as may be prescribed.

 

   

39.Nomination of candidates at other election

.----  (1)  Any person  may  be nominated as a candidate for election to  fill  a seat  in  the Council of States to be filled by election  by  the elected members of the Legislative Assembly of a State or by  the Members  of the electoral college for a part C State or group  of such  States or by the elected members of the  Coorg  Legislative Council  or  a seat in the Legislative Council of a State  to  be filled by election by the members of the Legislative Assembly  of that  State,  if he is qualified to be chosen to fill  that  seat under the constitution and this Act.

 

(2) 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 for a Part C State or group  of such  States  or  the elected members of  the  Coorg  Legislative Council  to elect a member or members is issued under  this  Act, the appropriate authority in the case where such notification has been  issued  under section 12 or section 18,  and  the  Election Commission  in the case where such notification in  the  Official Gazette, appoint for such election---

 

    (a) the last date for making nomination which shall be a date not later than the fourteenth day after the date of publication of the first  mentioned  notification, nor earlier than  the  fifth  day after the date of publication of the notification under this sub-section;

 

    (b)  the  date for the scrutiny of nominations which shall  be  a date  not later than seventh day after the last date  for  making nominations;

 

     (c)  the last date for the withdrawal of candidatures which  shall be  the  third  day  after the   date  for  the  scrutiny  of nominations;

 

     (d)  the date on which a poll shall, if necessary be taken  which shall  be a date not earlier than the seventh day after the  last date for the withdrawal of candidatures.

 

      (3)  On  the issue of a notification under sub-section  (2),  the Returning  Officer for the election shall give public  notice  of the  intended  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.

 

     (4)  The  provisions  of sub-section (1), (3)  (4),  and  (7)  of section  33  and  sections 34 to 38 shall apply  in  relation  to nomination   of  candidates,  deposits,  to  be  made   on   such nominations  and withdrawal of candidates at any such election  as they apply in relation to nominations of candidates, deposits  to be  made  on  such nominations and withdrawal   of  candidates  at elections  in  any constituency other than a  Council  of  States constituencies.

 

       Provided  that any person who is entitled to vote at  any  such election  as is referred to in sub-section (1) shall be  qualified to subscribe as proposer or seconder as many nomination papers at that election there are vacancies to be filled but not more:

 

      Provided  further  that  at time of  the  presentation  of  the nomination  paper,  the Returning Officer may  require  the  person presenting  the  same to produce either a copy of  the  electoral roll  in  which  the  name of the  candidate  is  included  or  a certified copy of the relevant entries in such roll:

 

     Provided also that any references in the said provisions---

 

      (a)  to the electoral roll of the constituency shall,  unless the  context otherwise requires be construed, in the case  of  an election  by  the  elected  members or  by  the  members  of  the Legislative  Assembly  of a State as references to  the  list  of elected members or to the list of 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  for  a Part C State or group of such States  or  by  the

elected  members of the Coorg Legislative Council, as  references to  the list of members of such electoral college or to the  list of elected members of the Coorg Legislative Council, as the  case may be, maintained under sub-section (2) of that section;

 

    (b)  to  section  30, to section 31 and  to  sub-section  (2)  of section 33 shall be construed as references to sub-section( 2)  of this section, to sub-section (3) of this section and to the first proviso to this sub-section respectively.

 

CHAPTER II

 

Candidates and their agents

 

   

40.Appointment of election agents

.--- (1) Every  person  as  a candidate  at  an  election  shall before  the  delivery  of  his nomination  paper  under sub-section (1) of section 33  or  under that sub-section read with sub-section (4) of section 39, as  the case may be, appoint in writing wither himself or some one  other person to be his election agent.

 

    (2)  When a candidate appoints some person other than himself  to be  his election agent he shall obtain in writing the  acceptance by such person of the office of such election agent.

 

   

41.Disqualification for being an election

.----- No person shall  be  appointed an election agent who is disqualified from being  an election agent under section 145.

 

   

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

.------  (1)  Any  revocation  of  the  appointment  of  an election  agent,  whether he be the candidates  himself  or  not, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.

 

     (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  a  return  of  the candidates election expenses has been lodged in  accordance  with the provisions of section 76, the candidate shall appoint  forth, with either himself or some other person to be his election agent in  the  manner provided in section 40 and shall give  notice  in writing of the appointment to the Returning Officer.

 

    

43.Effect of default in appointment of election agent under section 42

.--(1) If the appointment of an election agent is revoked  without  a  new appointment being  made,  the  candidate himself shall be deemed to have been appointed or reappointed, as the case may be, his election agent.

 

     (2) If the election agent (not being the candidate  himself) dies and a new appointment is not made on the day of the death or on  the  following  day, the candidate shall  be  deemed  to  have appointed  himself  his election agent as from the  time  of  the death.

 

    

44.Duty of the election agent to keep accounts

.--Every election  agent  shall,  for  each  election  for  which  he  is appointed  election  agent, keep separate and  regular  books  of account, and shall enter therein such particulars of  expenditure in connection with the election as may be prescribed.

 

    

45.Other functions of the election agents

.--Every  election agent shall perform such other functions in connection with  each election for which he is appointed election agent as are required to be performed by or under this Act by such agent.

 

   

46.Appointment of polling agents

.--A candidate  who  has been duly nominated under this Act and who has not withdrawn  his candidature  in the manner and within the time specified in  sub-section (1) of section 37, or in that sub-section read with  sub-section  (4) of section 39, as the case may be, or  his  election agent  may,  at least three days before the  commencement  of  the poll, 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  and  when  any  such appointment is  made,  notice  of  the appointment  shall  be  given in the prescribed  manner  to  such officer as may be prescribed.

 

     

47.Appointment of counting agents

.---Any such candidate  as is mentioned in section 46 or his election agent may, before  the commencement of the counting of votes, appoint in the  prescribed manner one agent and no more to be present as his counting  agent 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.

 

    

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.

 

    

49.Functions of polling agents and counting agents

.--(1)  A Polling  agent may perform such functions in connection with  the poll as are authorised by or under this Act to be performed by  a polling agent.

 

(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.

 

    

50.Attendance of a 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 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 candidate or his election agent may himself do any act or  thing which any polling agent or the counting agent  of  such candidate,  if appointed, would have been authorised by or  under this  Act to do, or may assist any polling agent or the  counting agent of such candidate in doing any such act or thing.

 

    

51.Non-attendance of polling or counting agents

.--Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the  non- attendance  of  any such agent or agents at the  time  and  place appointed  for  the  purpose shall not, if the act  or  thing  is otherwise duly done, invalidate the act or thing done.

 

CHAPTER III

 

General Procedure at elections.

 

     

52.Death of candidate before poll

.---If a  candidate  who has been duly nominated under this Act dies after the date  fixed for  the  scrutiny of nominations and a report of  his  death  is received by the Returning Officer before the commencement of  the poll,  the Returning Officer shall, upon being satisfied  of  the fact  of  the death of the candidate, 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 further nomination shall be  necessary  in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

 

     Provided  further that no person who has  under  sub-section (1) of section 37 given a notice of withdrawal of his candidature before  the  countermanding of the poll shall be  ineligible  for being  nominated  as  a candidate for  the  election  after  such countermanding.

 

     

53.Procedure in contested and uncontested elections

.---(1) If the number of candidates who were duly nominated and who  have not  withdrawn  their candidature, in the manner and  within  the time  specified in sub-section (1) the case may be, exceeds  the number  of  seats  to  be filled,  the  Returning  Officer  shall forthwith publish in such form and manner as may be prescribed  a list containing the names in alphabetical order and addresses  of candidates as given in the nomination papers, together with  such other particulars as may be prescribed, and 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 appropriate  authority  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 or the elected members of the  Coorg Legislative  Council, as the case may be, to elect a  person  or persons  to fill the remaining seat or seats before such date  as may  be appointed in this behalf by the Election  Commission  and specified in the notification:

 

     Provided that where the constituency or the elected  members or  the members of the State Legislative Assembly or the  members of  the  electoral college or the elected members  of  the  Coorg

Legislative  Council 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 appropriate authority  shall  not  be bound  to  call again upon the constituency, or such  members  to elect  a  person  or  persons until such  date  as  the  Election Commission may specify in this behalf.

 

    

54.Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes

.---(1) The provisions of this section shall apply in relation to any election  in a constituency where the seats to be filled  include one  or more seats reserved for the Scheduled Castes or  for  the Scheduled Tribes (hereinafter referred to as "reserved seats").

 

     (2)  If the number of candidates qualified to be  chosen  to fill the reserved seats is equal to the number of such seats, all those  candidates  shall be forthwith declared to be  elected  to fill  the reserved seats, and the procedure laid down in  section 53 shall be followed for filling the remaining seat or seats.

 

(3)  If the number of candidates qualified to be  chosen  to fill the reserved seats exceeds the number of such seats, but the total number of candidates is equal  to the total number of seats to be filled, the Returning Officer shall first select by lot, to be drawn by him in such manner as he may determine, the  candidate to  be  declared  elected  to  the  reserved  seats  out  of  the candidates  qualified to be chosen to fill those seats  and  then declare the candidates so selected to be duly elected to fill the

reserved seats and thereafter declare the remaining candidates to be duly elected to fill the remaining seats.

 

(4)  If the number of candidates qualified to be  chosen  to fill the reserved seats exceeds the number of such-seats, and the total number of candidates also exceeds the total number of seats to  be  filled,  the procedure laid  down  in sub-section  (1)  of section 53 shall be followed; and after the poll has been  taken, the  Returning  Officer  shall first  declare  those  who,  being qualified  to be chosen to fill the reserved seats, have  secured the  largest  number  of votes, to be duly elected  to  fill  the reserved seats, and then declare such of the remaining candidates as have secured the largest number of votes to be duly elected to fill the remaining seats.

 

Illustration.--At  an  election in a constituency  to  fill four  seats  of which two are reserved there  are  six  candidates A,B,C,D,E  and  F, and they secure votes in descending  order,  A securing  the  largest  number, B, C and D are  qualified  to  be chosen  to fill the reserved seats, while A, E and F are  not  so

qualified.The Returning Officer will first declare B and C  duly elected to fill the two reserved seats, and then declare A and  D (not A and E) to fill the remaining two seats.

 

     (5)  If the number of candidates qualified to be  chosen  to fill the reserved seats is less than the number of such seats.--

 

       (a) all those candidates shall be forthwith declared to be duly elected to fill reserved seats;

 

       (b)  the  procedure  laid  down in  section  53  shall  be followed for filling the seats other than the reserved seats; and

 

       (c)  the appropriate authority shall, by  notification  in the  Official  Gazette,  call upon the constituency  to  elect  a person  or persons to fill the remaining reserved seat  or  seats before  such  date  as may be appointed in  this  behalf  by  the Election Commission and specified in the notification:

 

Provided  that where a constituency having been  already  so called upon has failed to elect a person or the requisite  number of  persons to fill the reserved seat or seats,  the  appropriate authority shall not be bound to call against upon the  constituency to  elect  a person or persons to fill the vacancy  or  vacancies until  such date as the election Commission may specify  in  this behalf.

 

(6)  In  this  section, references to  candidates  shall  be construed as references to candidates who were duly nominated and who have not withdrawn their candidates in the manner and  within the time specified in sub-section (1) of section 37.

 

    

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 of tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act.

 

 

CHAPTER IV

                    

The Poll

 

    

56.Fixing time for poll

.--The appropriate authority  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 a constituency shall not be less  than eight hours.

 

    

57.Adjournment of poll in emergencies

.--(1)  If  at  an election  the preceedings 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 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).

 

    

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

.--(1) If at any election any ballot box or boxes is or  are unlawfully  taken out of the custody of the Returning Officer  or of any presiding officer, or is or are in any way tampered  with, or  is  or are either accidentally or intentionally  destroyed  or lost, the election to which such ballot box or boxes relate shall be  void,  but  only in respect of the  polling  at  the  polling station or stations provided under section 25 or the place  fixed under sub-section (1) of section 29 for the poll, as the case may be,  at  which such ballot box or boxes was or were used  and  no

further.

 

     (2) Whenever the polling at any polling station or  stations or  at the place fixed for the poll shall become void under  sub-section (1), the Returning Officer shall, as soon as  practicable after  the  act or event causing such voidance has  come  to  his knowledge, report the matter to the appropriate authority and  to the Election Commission and shall, with the previous approval  of the  Election Commission station or in such place fixed  for  the poll  and fix the hours during which the poll will be taken,  and shall not count the votes cast at such election until such  fresh poll shall have been completed.

 

(3)  In every such case as aforesaid the  Returning  Officer shall  take a fresh poll in such or every such polling station  or in  such  place  fixed for the poll as aforesaid on  the  day  so appointed  by him, and shall notify the day so appointed and  the hours  of polling so fixed by him in such manner as the  Election Commission may direct, and 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.

 

    

59.Manner of voting at elections

.---At every election where a poll is taken votes shall be given by ballot in such manner as maybe prescribed, and no votes shall be received by proxy.

 

    

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:-

 

       (i) a member of the Armed forces of the Union to whom  the provisions of sub-section (3) of section 20 of the  Representation of the People Act, 1950 (XLIII of 1950) apply;

 

       (ii) a person holding any office in India declared by  the President to be an office to which the provisions of  sub-section (4) of that section apply;

 

      (iii)  a  person who is employed under  the  Government  of India in a post outside India;

 

       (iv) the wife of any such person as is referred to in sub-clauses (i), (ii), and (iii) 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.

 

    

61.Special procedure for preventing personation of electors

.--Provision  may also be made by rules made  under  this Act  for the making 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 and 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 so as to prevent personation of electors.

 

    

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  (XLIII of 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.

 

    

63.Method of voting

.--(1) In plural member  constituencies other  than  Council constituencies every elector shall  have  as any  votes  as there are members to be elected, but  no  elector shall give more than one vote to any one candidate.

 

(2)  If  an  elector gives more than one vote  to  any  one  vote to any  one candidate in contravention of the provisions of sub-section (1) , then , at the time of counting  of votes not more than

one of the votes given by him to such candidate shall be taken into account and all the other  votes given by him to such candidate shall be  rejected as void.

              

CHAPTER V

 

Counting of votes

 

    

64.counting of votes

.----At every election where a poll is taken,  votes shall be counted by, or under the  supervision  of, the Returning Officer, and each candidate, his election agent and his  counting agent, shall have a right to be present at the  time of counting.

 

    

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.

 

    

66.Declaration of results

.---When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner provided by this Act  or the rules made thereunder.

 

    

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 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 causes to  be published in the Official Gazette the declarations containing the names of the elected candidates.

 

CHAPTER VI

 

Multiple elections

 

   

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 within  ten  days  from the date of publication  in  the  Gazette India of the declarations that he has been so chosen or, if  such publications  have been made on different dates, within ten  days from  the later of such date 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.

 

    

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,  on  the Publication  in the Gazette of India of the declaration  that  he has been so chosen, become vacant.

 

     (2)  If a person who is already a member of the  Council  of States  and he taken his seat in such Council is chosen a  member of  the  House of the People his seat in the  Council  of  States shall,  on  the  publication  in the  Gazette  of  India  of  the declaration that he has been so chosen, become vacant.

 

    

70.Election to more than one seat in either House of parliament of in the House or either House of the Legislature of a State

.---If a person is elected 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, all the seats shall  become vacant.

 

CHAPTER VII

 

Publication of election results and nominations

 

    

71.Publication of results of elections to the Council of States and of name of persons nominated by the President

.--(1)After the elections held in pursuance of the notifications issued under  sub-section (1) of section 12, there shall be notified  by the  appropriate authority in the Official Gazette the  names  of the  members  elected by the elected members of  the  Legislative Assemblies  of  the States and by the members  of  the  electoral  colleges  for the various Part C States and group of such  States at  the  said elections together with the names  of  the  persons nominated by the President to the Council under sub-clause (a) of clause (1) of article 80 or under any other provisions.

 

(2) After the elections held in any year in pursuance of the notifications  issued  under sub-section (2) of section  12  there shall  be  notified by the appropriate authority  in  the Official Gazette  the names of the members elected by the elected  members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various Part C States and group of  such   States  including  the  elected  members  of   the   Coorg Legislative Council at the said elections together with the names of  any persons nominated by the President to the  Council  under sub-clause  (a)  of clause (1) of article 80 or under  any  other provisions.

 

(3) The notification of names under sub-section (1) or  sub- section  (2)  shall  be in addition to  the  publication  of  the declarations under section 67 and shall be made as soon as may be after  the  last  of the dates fixed for the  completion  of  the elections  under  sub-section  (1) or, as the  case  maybe,  sub-section  (2)  section  12,  and  after  the  publication  of  the notification  or  notifications containing the names  of  persons nominated by the President to the Council under sub-clause (a) of clause (1) of article 80 or under any other provisions.

 

    

72.Publication of results of primary elections for the constitution or constitution of electoral colleges for certain Part C States

.---After the elections held in pursuance  of  the notification  or notifications issued under section 13   for  the first   constitution  or  any  subsequent  reconstitution of   the electoral  college for a scheduled Part C States, there shall  be notified by the appropriate authority in the Official Gazette, as soon as may be after the date or the last of the dates fixed  for he  completion of the said elections, the names of  the  members elected  for the various council of States constituencies at  the said  sections and such notification shall be in addition to  the publication of the declarations under section 67.

 

    

73.Publication of results of general elections to the House of the people and of names of persons nominated by the President

.---After  the  elections  held  in  pursuance  of   the notification  or  notifications issued under section 15  for  the constitution  of  the House of the People in due time  or  on  the expiration  of  its duration on its dissolution, there  shall  be notified by the appropriate authority  in the Official Gazette , as soon as may be after  the date  or the last of the dates fixed for the completion of the  said  elections, the names of the members  elected  for  the various  Parliamentary  constituencies  at  the  said   elections to clause  under  article 331 or under any other  provisions,  and such  notification shall be in addition to the publication of  the declarations under section 67.

 

    

74.Publication of results of general elections to the State Legislative assemblies and of names of persons nominated to such assemblies

.--After  the  elections  held  in  pursuance  of   the notification  or  notifications issued under section 17  for  the constitution  of the Legislative Assembly of a State in due  time or on the expiration of its duration or on its dissolution, there shall  be certified by the appropriate authority in the  Official Gazette,  as  soon as may be after the date or the  last  of  the dates fixed for the completion of the said elections the names of the  members elected for the various Assembly  constituencies  at the  said elections together with the names of persons,  if  any, nominated by the Governor or Rajpramukh, as the  case may be,  of the  State  under article 333 or under any other  provisions  and such  notification shall be in addition to the publication of  the declarations under section 67.

 

    

75.Publication of results of elections to the State Legislative Councils and names of persons nominated to such Councils

.--(1)   After  the  elections  held  pursuance  of   the notifications  issued under sub-section (1) of section  18,  here 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 of the Legislative Assembly  of the  State at the said elections together with the names  of  the persons nominated by the Governor or Rajpramukh, as the case  may be,  of the State under Sub-clause (e) of clause (3)  of  article 171.

 

     (2) After the elections held in any year in pursuance of the notifications  issued under sub-section (2) of section 18,  there shall  be notified by the appropriate authority in  the  Official Gazette  the names of the members of the Legislative Assembly  of the  State at the said elections together with the names  of  any persons nominated by the Governor or Rajpramukh, as the case  may be, under  sub-clause (e) of clause (3) of  article 171

469 M of Law

 

      (3)  The notification of names  under sub-section (1) or sub-section (2)  shall be in addition to the publication of the declarations under section 67 and shall be made as soon as may be after the last of the dates fixed for the completion of the elections under sub-section (1)  or, as the case may be , sub-section (2) of section 18 , and after the publication  of the notification containing the names of persons nominated by the Governor or Rajpramukh ,as the case may be under  sub-clause (e) of clause (3) of article 171.

 

CHAPTER VIII

 

Election expenses

 

   

76.Return of election expenses

.-(1) Within the prescribed  time after every election there shall be lodged  with the Returning Officer in respect of each person who has been nominated as a candidate , a return of the election expenses of the person signed by him and his election agent.

 

    (2) Every such return shall be in such form and shall contain such particulars as may be prescribed , and shall be accompanied  by declarations in the prescribed  form by the candidate and his election agent  made on oath or solemn affirmation before a magistrate.

 

     (3) Notwithstanding anything in this stein , where owing to absence from India  a candidate  is unable to sign the return of election expenses and to make the required declaration , the return  shall be signed and lodged by the election agent  only  and shall be accompanied by a declaration by the election agent only , and the candidate shall  , within fourteen  days after his return  to India ,cause  to be lodged  with the Returning Officer a declaration  made of oath  or solemn affirmation before a magistrate in such form as may be prescribed.

 

    

77.Maximum election expenses , etc

.- The maximum scales of election expenses at elections and the numbers and descriptions of persons who may employed for payments in connection with  elections shall be such as may be prescribed.

 

    

78.Application of this chapter to certain elections

.- Except so far as may be prescribed, this chapter shall not apply to an election  (other  than  a primary election ) to fill a seats or seats in the Council of States  or to an election by the members of the Legislative  Assembly  of a state  to fill a seat or seats in the Legislative Assembly  of a state.

 

PART VI

 

DISPUTES REGARDING ELECTIONS

 

CHAPTER I

 

Interpretation

 

    

79.Definitions

.---In this Part and in Parts VII and VIII, unless the context otherwise requires,---

 

       (a) "agent" includes an election agent, a polling agent and a counting a and any person who, on the trial of an election petition or of an offence with respect to any election, is held to have acted as an agent in connection with the election with the knowledge or consent of the candidate;

 

       (b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election, and any such person shall deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate.

 

       (c) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;

 

(d) "electoral right" means the right of a person to stand or not to stand as, or to withdraw from being, a candidate, or to vote or refrain from voting  at an election;

 

       (e) "pleader" means any person entitled to appear and plead for another in a civil court and includes an advocate, a vakil and an attorney of a High court.

 

       (f) "returned candidate" means a candidate whose name has been published under section 67 as duly elected.

 

CHAPTER II

 

Presentation of election petitions to Election Commission

 

     

80.Election Petitions

:-- No election shall be called in question except by an election presented in accordance with the provisions of this part.

 

     

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 sub-sections (1) and (2) of section 100 and section 101 to the Election Commission by any candidate at such election or any elector in such form and within such time but not earlier than the date of publications of the name or names of the returned candidate or candidates at such election under section 67, as may be prescribed.

 

      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.

 

   (2) An election petition shall be deemed to have been presented to the Election Commission---

 

        (a) When it is delivered to the Secretary to the Commission or to such other officer as may be appointed by the Election Commission in this behalf--

     

         (i) by the person making the petition, or

      

        (ii) by a person authorised in writing in this behalf by the person making the petition; or

 

        (b) when it is sent by registered post and is delivered to the Secretary to the Commission or the officer so appointed.

 

    

82.Parties to the petition

:-- A petitioner shall join as respondents to his petition all the candidates were duly nominated at the election other than  himself if he so nominated.

 

    

83.Contents of petition

:--(1) An election petition shall contain a concise statement of the material facts or which the petitioner relies and shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedures, 1908 (Act V of 1908) for the verification of pleadings.

 

(2) The petition shall be accompanied by a list signed and verified in like manner setting forth full particulars of any corrupt or illegal practice which the petitioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of each such practice.

 

    (3) The Tribunal may, upon such terms as to costs and otherwise as it may direct at any time, allow the particulars included in the said list to be amend or order such further and better particulars in regard to any matter referred to therein to be furnished as may in its opinion to necessary for the purpose of ensuring a fair and effectual trail of the petition.

 

   

84.Relief that may be claimed by the petitioner

:-- A petitioner may claim any one of the following declarations:--

   

      (a) that the election of the returned candidate is void;

  

      (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected;

 

      (c) that the election is wholly  void.

 

    

85.Petition when to be dismissed

:--If the provisions of section 81, section   83 or section 117 are not complied with, the Election Commission shall dismiss the petition.

 

    Provided that if a person making the petition satisfies the Election  Commission that sufficient cause existed for his failure to present the petition within the period prescribed therefor, the Election Commission may in its discretion condone such failure.

 

CHAPTER III

 

Trial of election petitions

 

     

86.Appointment of Election Tribunal

:-- (1) If the petition is not dismissed under section 85, the Election Commission shall appoint an Election Tribunal for the trial of the petition.

 

     (2) For the purpose of constituting such Tribunals the Election Commission shall obtain from the opinion of the High Court of each State

(other than Jammu and Kashmir)--

 

       (a) a list of persons who are or have been district judges in the State and who are in the opinion  of the High Court fit to be appointed as members of the Election Tribunals, and

 

       (b) a list of advocates of that High Court who have been in practice for a period of not less than ten years and who are in the opinion of the High Court fit to be appointed as such members,

 

 and shall maintain the lists by making such alterations therein as the High Court may from time to time direct.

 

     (3) Every Tribunal appointed under sub-section (1) shall consists of--

 

(a) a Chairman who shall be either a person who is or has been a judge of a High Court, or a person selected by the Election Commission from the list maintained by it under clause (a) of sub-section (2); and

 

        (b) two other members of whom  one shall be selected by the Election Commission from the list maintained under clause (a) of sub-section (2) and other shall be selected by it from the list maintained under clause (b) of that sub-section:

 

   Provided that where the petition for the trial of which a Tribunal is to be appointed is in respect of an election to the Legislative Assembly or the Legislative Council or a State, no person who belongs to the judicial service of another State shall be selected for appointment as a member of the Tribunal except with the consent of the Government of the other State;

 

  Provided further that nothing in this sub-section shall be deemed to prevent the appointment of a Chairman of the Tribunal before that of the other members.

 

    (4) If during the course of the trial, any member of a Tribunal is for any reason unable to perform his functions or has to relinquish his member ship, the Election Commission shall appoint another member in accordance with the provisions of sub-section (3) and upon his joining the Tribunal the trial shall be continued as if he had been on the Tribunal from the commencement of the trial;

 

  Provided that the Tribunal may, if it thinks fit, recall and re-examine any of the witnesses already examined.

 

    (5) References to the Tribunal in this Part shall, as any matter to be done before the commencement of the trial, be deemed to be reference to the Chairman of the Tribunal.

 

    (6) In this section, the expression "district judge" and "judicial service' have the same meanings as in article 236.

 

     

87.Connected petitions to be referred to same Tribunal

:--Where more petitions than one are presented in respect of the same election, then Election Commission shall refer all of them to the same Tribunal, which may, in its discretion try them separately or in one or more groups.

 

      

88.Place of trial

:--The trial shall be held at such place as the Election Commission may appoint.

 

Provided that a Tribunal may, in its discretion, sit for any part of the trial at any other place in the State in which the election to which the petition relates has taken place.

 

       

89.Attendance of law officers

:--(1) The Tribunal may, in the case of an election petition in relation to a primary election or to an election to fill a seat in either House of Parliament, require the Attorney-General of India or the Advocate-General of the State in which the election has taken place or some person acting under the instructions of the Attorney-General or such Advocate-General, and in the case of an election petition in relation to and election to fill a seat in the House or either House of the Legislature of a  State, require the Advocate-General of the State in which the election has taken place or some person acting under his instructions to attend at the trial

 

(2) The Attorney-General or the Advocate-General or the person acting under the instructions of the Attorney-General or the Advocate-General, as the case may be, shall, when so required attend at the trial and shall take such part therein as the Tribunal may direct.

 

    

90.Procedure before the Tribunal

:--(1) The Tribunal shall, as soon as may be, cause a copy of the petition together with a copy of the list of particulars referred to in sub-section (2) of section 83 to be served on each respondent and to be published in the Official Gazette, and at any time within fourteen

days after such publication, any other candidate shall, subject to the provisions of section 119, be entitled to be joined as a respondent.

 

        (2) Subject to the provisions of this Act and of any rules made thereunder every election petition shall be tried by the Tribunal, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act V of 1908), to the trial of suits;

 

         Provided that it shall be sufficient for the Tribunal to make a memorandum of the substance of the evidence of any witness examined by the Tribunal and it shall not be necessary for the Tribunal to take down the evidence of any witness in writing at length unless the Tribunal is on the application of any party or otherwise, satisfied that there is any special reason for so doing;

 

       Provided further that the Tribunal shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

 

        (3) The provisions of the Indian Evidence Act, 1872, (I of 1872), shall subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.

 

         (4) Notwithstanding anything contained in section 85, the Tribunal may dismiss an election petition which does not comply with the provisions of section 81, section 83, or section 117.

 

     

91.Appearance before Tribunal

:--Any appearance, application or act before the Tribunal may be made or done by the party in person or by a pleader duly appointed to act on his behalf.

 

       Provided that it shall be open to the Tribunal to direct any party to appear in person whenever the Tribunal considers it necessary.

 

     

92.Powers of the Tribunal

:--The Tribunal shall have the powers Which are vested in a court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters:--

      (a) discovery and inspection;

      (b) enforcing the attendance of witnesses, and requiring the deposit of their expenses;

      (c) compelling the production of documents;

      (d) examining witnesses on oath;

      (e) granting adjournments;

      (f) reception of evidence taken on affidavit; and

      (g) issuing commissions for the examination of witnesses,

 

      and may summon and examine suo motu person whose evidence appears it to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).

 

Explanation.--For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Tribunal shall be the limits of the States in which the election was held.

 

    

93.Documentary evidence

.--Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

 

    

94.Secrecy of voting not to be infringed

.--No witness or other person shall be required to State for whom he has voted at an election.

 

   

95.Answering of criminating questions and certificate of indemnity

.--(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trail of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

 

     Provided that------

 

         (a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Tribunal; and

 

         (b) an answer given by a witness to a question put by or before the Tribunal shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

 

       (2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code (Act XLV of 1860) or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

 

      

96.Expenses of witnesses

.---The reasonable expenses incurred by any  person in attending to give evidence may be allowed by the Tribunal to such person, and shall unless the Tribunal otherwise directs, be deemed to be part of the costs.

 

     

97.Recrimination when seat claimed

.---(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if

he had been the returned candidate and a petition had been presented calling in question his election;

 

       Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of the publication of the election petition under section 90, given notice to the Tribunal of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.

 

      (2) Every notice referred to in sub-section (1) shall be accompanied by the statement and list of particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

 

     

98.Decision of the Tribunal

.--At the conclusion of the trial of an election petition the Tribunal shall make an order---

 

       (a) dismissing the election petition; or

       (b) declaring the election of the returned candidate to be void; or

       (c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or

       (d) declaring the election to be wholly void

 

     

99.Other orders to be made by the Tribunal

.---(1) At the time of making in order under section 98 the Tribunal shall also make an order---

 

        (a) where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording--

 

              (i) a finding whether any corrupt or illegal practice has or has not been provided to have been committed by, or with the connivance of, any candidate or his agent at the election, and the nature of that corrupt or illegal practice; and

 

              (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as the Tribunal may think proper to make for the exemption of any persons from any disqualifications which they may have incurred in  this connection under sections 141 to 143; and

 

        (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid;

 

         Provided that no person shall be named in the order under sub-clause (ii) of clause (a) unless----

 

        (a) he has been given notice to appear before the Tribunal and to show  cause why he should not be so named; and

 

        (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Tribunal and has given evidence against him, of calling evidence in his defence and of being heard.

 

         (2) Any order as to costs under clause (b) of sub-section (1) may include a direction for the payment of costs to the law officer attending the trial in pursuance of any requisition of the Tribunal under section 89.

 

    

100.Grounds for declaring election to be void

.---(1) If the Tribunal is of opinion---

 

      (a) that the election has not been a free election by reason that the corrupt practice of bribery or of undue influence has extensively prevailed at the election; or

 

      (b) that the election has not been a free election by reason that coercion or intimidation has been exercised or resorted to by any particular community, group or section on another community, group or

section to vote or not to vote in any particular way at the election; or

 

      (c) that the result of the election has been materially affected by the improper acceptance or rejection of any nomination,

 

the Tribunal shall declare the election to be wholly void.

 

     Explanation.--In clause (b) of this sub-section, the expression "coercion or intimation" means any interference or attempt to interfere by whatever mean with the free exercise of the right to vote or refrain

from voting at an election and includes a social or economic boycott of members of a community grow or section, or threat of such boycott, with intent to interfere with the few exercise of such right by those members.

 

      (2) Subject to the provisions of sub-section (3), if the Tribunal is a opinion----

 

       (a) that the election of a returned candidate has been procured of induced, or the result of the election has been materially affected, by any corrupt or illegal practice; or

 

(b) that any corrupt practice specified in section 123 has been Committee by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or

 

        (c) that the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote which is void, or by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or of any other Act or rules relating to the election, or by any mistake in the use of a prescribed form.

 

the Tribunal shall declare the election of the returned candidate to be void.

 

     (3) If in the opinion of the Tribunal, a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice specified section 123,but the Tribunal is satisfied---

 

       (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the sanction or connivance of the candidate or his election agent;

 

       (b) that all such corrupt practices were of a trivial and limited character or took the form of customary hospitality which did not affect the result of the election;

 

       (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at  the election and

 

       (d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents,

 

then the Tribunal may decide that the election of the returned candidate is not void.

 

    

101.Grounds for which a candidate other than the returned candidate may be declared to have been elected

.---If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Tribunal is of opinion-----

 

       (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

 

       (b) that but for the votes obtained by the returned candidate by corrupt or illegal practices the petitioner or such other candidate would have obtained a majority of the valid votes,

 

the Tribunal shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

 

    

102.Procedure in case of an equality of votes

.---If during the trial of  an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then----

 

       (a) any decision made by the Returning Officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and

 

       (b) in so far as that question is not determined by such a decision the Tribunal shall decide between them by lot and proceed as if the one on whom the log then falls had received an additional vote.

 

    

103.Communication of orders to the Election Commission and the transmission of the records of the case

.---The Tribunal shall, after announcing the orders made under sections 98 and 99, send a copy thereof to the Election Commission and the records of the case to the district  judge of the district within which the place of trial appointed under section 88 is situate, or if such place is in a presidency-town to the chief judge of the court of small causes having jurisdiction there, as the case may be.

 

    

104.Difference of opinion among the members of the Tribunal

.--If during the trial of an election petition there is a difference of opinion among the members of the Tribunal on any matter or if at the conclusion of such trial there is a difference of opinion among them on any question regarding the order to be made under section 98 or section 99, the opinion of the majority  shall prevail, and the orders of the Tribunal shall be expressed in terms of the views of the majority.

 

    

105.Orders of the Tribunal to be final and conclusive

.---Every order  of the Tribunal made under this Act shall be final and conclusive.

 

    

106.Transmission of order to the appropriate authority etc., and its publication

.---As soon as may be after the receipt of any order made by the Tribunal under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election (other than a primary election ) to a House of parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be,

of the House concerned, and shall cause the order to be published in the Gazette of India and in the Official Gazette of the State concerned.

 

    

107.Orders to take effect only on publication

.---An order of the Tribunal under section 98 or section 99 shall not take effect until it is published in the Gazette of India under section 106.

 

CHAPTER IV

 

Withdrawal and abatement of election petition

 

    

108.Withdrawal of petitions before appointment of Tribunal

.---An election petition may be withdrawn only by leave of the Election Commission if an application for its withdrawal is made before any Tribunal has been appointed for the trial of such petition.

 

    

109.Withdrawal of petitions after appointment of Tribunal

.--(1) Where an application for withdrawal of an election petition is made after a Tribunal has been appointed for the trial of such petition, the  election petition may be withdrawn only by leave of the Tribunal.

 

(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application  shall be given to all other parties to the petition and shall be published in the Official Gazette.

 

    

110.Procedure for withdrawal of petitions before the Election Commission or the Tribunal

.--(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

 

      (2) No application for withdrawal shall be granted if in the opinion  of the Election Commission or of the Tribunal, as the case may be, such application has been induced by any bargain or consideration which ought not to be allowed.

 

       (3) If the application is granted----

 

        (a) the petitioner shall, where the application has been made to the Tribunal be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the Tribunal may think fit;

 

       (b) notice of the withdrawal shall be published in the Official Gazette by the Election Commissioner or by the Tribunal as the case may be;

 

       (c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing and upon compliance with the conditions of section 117 as to security, shall be entitled to be so substituted and to

continue the proceedings upon such terms as the Tribunal may think fit,

 

    

111.Report of withdrawal by the Tribunal to the Election Commission

.-- When an application for withdrawal is granted by the Tribunal and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, the Tribunal shall report the fact to the Election Commission.

 

    

112.Abatement of election petitions

.--An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

 

     

113.Abatement of petition before appointment of Tribunal

.--If an election petition abates under section 112 before a Tribunal has been appointed for the trial of the petition, notice of the abatement shall be published in the Official Gazette by the Election Commission.

 

    

114.Abatement of petition after appointment of Tribunal

.---Where an election petition abates under section 112 after a Tribunal has been appointed for the trail of the petition, notice of the abatement shall be published in the Official Gazette by the Tribunal.

 

    

115.Substitution on death of petitioner

.--After a notice of the abatement of an election petition is published under section 113 or section 114 any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions of section 117 as to security shall be entitled to be so substituted and to continue the proceedings upon such terms as the Tribunal may think fit.

 

      

116.Abatement or substitution on death of respondent

:-- If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, the Tribunal shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of a much respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as the Tribunal  may think fit.

 

CHAPTER V

 

Costs and security for costs

 

 

    

117.Deposit of security

:--The petitioner shall enclose with the petition a Government Treasury receipt showing  that a deposit of one thousand rupees has been made by him either in a Government Treasury or in the Reserve Bank of India in favour of the Secretary to the Election Commission as security for the costs of the petition.

 

    

118.Further security for costs

:--During the course of the trial of an election petition the Tribunal may at any time call upon the petitioner to give such further security for costs as it may direct, and may, if he fails to do so, dismiss the petition.

 

    

119.Security for costs from a respondent

:--No person shall be entitled  to be joined as a respondent under sub-section (1) of section 90 unless he has given a such security for costs as the Tribunal may direct.

 

    

120.Costs

:--(1) Costs including pleaders fees shall be in the discretion of the Tribunal.

 

       (2) The Tribunal may allow interest on costs at a rate not exceeding three per cent per annum and such interest shall be added to the costs.

 

    

121.Payment of costs out of security deposits and return of such deposits

:--(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if may have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit if any, made by such party under this Part, on an application made in writing in that behalf within a period of six months from the publication of such order under section 106 of the Election Commission by the person in whose favour the costs have been awarded.

 

(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of six months, the whole of the said security deposits, may on an application made in that behalf in writing to the Election Commission by the person by whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such person, be returned  to the said person or to his legal representative, as the case maybe.

 

    

122.Execution of orders as to costs

.---Any order as to costs under the provisions of this Part may be produced before the principal civil court of  original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.

 

     Provided that where any such costs or any portion thereof may be recovered by an application made  under sub-section (1) of section 121, no application shall lie under this section within a period of six months from the date of publication of such order under section 106 unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section.

 

PART VII

 

CORRUPT AND ILLEGAL PRACTICES AND ELECTORAL OFFENCES

 

CHAPTER I

 

Corrupt Practices

 

     

123.Major corrupt practices

.--The following shall be deemed to be corrupt practices for the purposes of this Act:--

 

     (1) Bribery, that is to say, an gift.offer or promise by a candidate or his agent, or by any other person with the connivance of a candidate or his agent of any gratification to any person whomsoever, with the object, directly or indirectly of inducing-----

 

       (a) a person to stand or not to stand as, or to withdraw form being a candidate at an election; or

 

       (b) an elector to vote or refrain from voting at an election, or as reward to----

 

            (i) a person for having so stood or not stood, or for having withdraw his candidature; or

            (ii) an elector for having voted or refrained from voting.

 

Explanation.--For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms  of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose, of, any election and duly entered in the return of election expenses referred to in section 76.

 

    (2) Undue influence that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or his agent, or of any other person with the connivance of the candidate or his agent, with the free exercise of any electrical right:

 

     provided that----

 

       (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who----

 

       (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or

 

       (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will  be rendered an object of divine displeasure or spiritual censure,

 

shall be deemed to interfere with the free exercise of the electoral right of  such candidate or elector within the meaning of this clause:

 

     (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right,  shall not be deemed to be interference within the meaning of this clause.

 

(3) The procuring or abetting or attempting to procure by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, the application by a person for a ballot paper in the name of any other person, Whether living or dead, or in a fictitious name, or by a person for a ballot paper on his own name when, by reason of the fact that he has already voted in the same or some other constituency, he is not entitled to vote.

 

     (4) The removal of a ballot paper from the polling station during polling hours by a candidate or his agent, or by any other person with the connivance of a candidate or his agent.

 

     (5) The publication by a candidate or his agent, or by any other person with be connivance of the candidate or his agent, of any statement of fact which is False, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to be candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

 

(6) The hiring or procuring, whether on payment or otherwise, of any vehicle  or vessel by a candidate or his agent or by any other person with the connivance of a candidate or his agent for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll.

   

Provided that the hiring of a vehicle or vessel by an elector or by several sectors at their joint costs for the purpose of conveying him or them  to or from any such polling station or place fixed for the poll shall not be deemed be a corrupt practice under this  clause if the vehicle  or vessel so hired is vehicle or vessel not propelled by mechanical power.

 

Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purposed going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

 

Explanation.---In this clause, the expression " vehicle " means any vehicle  or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise, and whether used for drawing other articles or otherwise.

 

     (7) The incurring or authorising by a candidate or his agent of expenditure or be employment of any person by a candidate or his agent, in contravention of this Act or of any rule made thereunder.

 

(8) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the connivance of a candidate or his agent, any assistance for the  furtherance of the prospective  of the candidate's election from any person serving under the Government of India or the Government of any State other than the giving of vote by such person.

 

     Explanation.---For the purposes of this clause---

 

     (a) a person serving under the Government of India shall not include any person who has been declared by the Central Government to be a person to whom the provisions of this clause shall not apply;

 

(b) a person serving, under the Government of any State shall include  patwari, chaukidar, dafedar, zaildar, shanbagh, karnam, talati, talari, patil, village munsif, village headman or any other village officer, by whatever name he is called, employed in that State, whether the office he holds is a whole-time office or not, but shall not include any person (other than any such village officer as aforesaid) who has been declared by the State Government to be a person to whom the provisions of this clause shall not apply.

 

     

124.Minor corrupt practices

.--The following shall also be deemed to be corrupt practices for the purposes of this Act:-

 

(1) Any act specified in clauses (1) to (8) of section 123, when done by person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent.

 

      (2) The application by a person at an election for a ballot paper in the name any other person, whether living or dead, or in a fictitious name, for a ballot paper in his own name when, by reason of the fact that he has already vote in the same or some other constituency, he is not entitled to vote.

 

       (3) The receipt of, or agreement to receive any gratification whether as to motive or a reward

 

        (a) by a person for standing or  not standing as, or for with drawing from being, a candidate; or

 

        (b) by any person whomsoever for himself or any other person in voting or refraining from voting, or for inducing or attempting to induce any elector to vote or refrain from voting, or any  candidate to withdraws his candidature.

 

     Explanation.---For the purposes of this clause the term "gratification" the same meaning as it has for the purposes of clause (1) of section 123.

 

(4) The making of any return of election expenses which is false in any material particular, or the making of a declaration verifying any such return.

 

     (5) The systematic appeal to vote or refrain from voting on grounds of race, community or religion or the use of, or appeal to, religions and national symbols, such as, the national flag and the national emblem, for the furtherance of the prospects of a candidate's election.

 

CHAPTER II

 

Illegal Practice

 

    

125.Illegal Practice

:--The following shall be deemed to be illegal prescribed for the purposes of this Act:--

 

       (1) The incurring or authorisation by any person other than a candidate or his agent of expenses on account of holding any public meeting, or upon any advertisement, circular or publication, or in any

other way whatsoever, for the purpose of promoting or procuring the election of the candidate, unless he is authorised in writing so to do by the candidate.

 

   Explanation:--Any such expenses as aforesaid incurred or authorised by any institution or organisation for the furtherance of the prospects of the election of a candidate supported by such institution or organisation shall not be deemed to be expenses incurred or authorised within the meaning of this clause.

 

    (2) The hiring, using or letting, as a committee room or for the purpose of any meeting to which electors are admitted, of any building  room or other place where intoxicating liquor is sold to the public.

 

    (3) The issuing of any circular, placed or poster having a reference to the election which does not bear on its face the name and address of the printer and publisher thereof.

 

CHAPTER III

 

Electoral offences

 

    

126.Prohibition of public meetings on the election day

:--(1) No person shall convene, hold or attend any public meeting within any constituency on the date or dates on which a poll is taken for an election

in that constituency.

 

     (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees

 

     

127.Disturbances at election meetings

:--(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees.

 

      (2) This section applies to any public meeting of a political meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.

 

      (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

 

      

128.Maintenance of secrecy of voting

:--(1) Every officer,  clerk , agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid  in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

 

      (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or fine or with both.

 

     

129.Officers, etc., at elections not to act for candidates or to influence voting

:--(1) No person who is a Returning Officer, or an Assistant Returning Officer, or a presiding or polling Officer at an election, or an officer or clerk appointed by the Returning Officer or election, or an officer or clerk appointed by the Returning Officer or the Presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

 

    (2) No such person as aforesaid, and no member of a police force, shall endeavour:--

 

       (a) to persuade any person to give his vote at an election or

       (b) to dissuade any person from giving his vote at an election, or

       (c) to influence the voting of any person at an election in any manner.

 

     (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.

 

   

130.Prohibition of canvassing in or near polling stations

:--(1) No person shall , on the date or dates on which a poll is taken at any polling station, commit may of the following acts within the polling station

or in any public or private place within a distance or one hundred yards of the polling station namely:--

 

        (a) canvassing for votes; or

        (b) soliciting the vote of any elector; or

        (c) persuading any elector not to vote for any particular candidate; or

        (d) persuading any elector not to vote at the election; or

        (e) exhibiting any notice or sign (other than an official notice) relating to the election.

 

   (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

 

   (3) Any offence punishable under this section shall be cognizable.

 

   

131.Penalty for disorderly conduct in or near polling stations

:-- (1) No person shall, on the date or dates on which a poll is taken at any polling station:--

 

        (a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any appearance for amplifying or reproducing the human voice, such as a

megaphone or a loud speaker, or

 

        (b) shout, or otherwise act in a disorderly manner,  within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof.

 

  so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

 

     (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both

 

    (3) If the presiding officer of a polling stations has reason to believe that any person is committing or has committed an offence punishable under  this section, he may direct any police officer to arrest such person, and hereupon the police officer shall arrest him.

 

    (4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

 

   

132.Penalty for misconduct at the polling station

:-- (1) Any person who during the hours fixed for the poll at any polling station misconduct himself of fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any persons authorised in this behalf by such presiding officer.

 

    (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

 

    (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.

 

    (4) An offence punishable under sub-section (8) shall be congnizable.

 

   

133.Penalty for illegal hiring or procuring of conveyances at elections

:-If any person is guilty of any such corrupt practice as is specified in clause (6) of section 123 at or in connection with a election, he shall be punishable with fine which may extend to two hundred and fifty rupees.

 

    

134.Breaches of official duty in connection with election

:--     (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

 

      (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

 

      (3) The persons to whom this section applies are the Electrical Registration Officers, Returning officers, Assistant Returning Officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the preparation of an electoral roll, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the  purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act or by or under the Representation of the people Act, 1950 (XLIII of 1950).

 

    

135.Removal of ballot papers from polling station to be an offence

.--(1) Any person who at any election fraudulently takes, or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

 

      (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer;

 

     Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

 

     (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

 

     (4) An offence punishable under sub-section (1) shall be cognizable.

 

    

136.Other offences and penalties therefor

.--(1) A person shall be guilty of an electoral offence if at any election he----

 

       (a) fraudulently defaces or fraudulently destroys any nomination paper; or

       (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or

       (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or

       (d) without due authority supplies any ballot paper to any person; or

       (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

       (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or

       (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

 

     (2) Any person guilty of an electoral offence under this section shall--

 

       (a) if he is a Returning Officer or an Assistant Returning Officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;

       (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

 

     (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act or by or under the Representation of the people Act, 1950

(XLIII of 1950)

 

     (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

 

    

137.Prosecution regarding certain offences

.--(1) If the Election Commission or a Regional commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State has reason to believe that any offence punishable under section 129, or under section 134 or under clause (a) of subsection (2) of section 136 has been committed in reference to any election within a State, it shall be the duty of the Election Commission, the Regional Commissioner or the Chief Electoral Officer, as the case may be to cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to it or him to require.

 

     (2) No court shall take cognizance of any offence punishable under section 129 or under section 134 or under clause (a) of sub-section (2) of section 136 unless there is a complaint made by order of,  or under

authority from, the Election Commission or a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State concerned.

 

    

138.Amendment of Act V of 1898

.---In the Code of Criminal Procedure 1898.--

 

       (a) in section 196, after the word and figures "section 127" the words, figures and letter "and section 171F, so far as it relates to the offence of personation" shall be inserted;

 

       (b) in Schedule II---

 

       (i) in the entry relating to section 171F of the Indian Penal Code (Act XLV of 1860) from the paragraph in column 2, the words "and personation" shall be omitted;

       (ii) after the paragraph in column 2 of the said entry as so amended, the following paragraph shall be inserted, namely:-

      "Personation at an election";

       (iii) in column 3, opposite the paragraph inserted by sub-clause(ii) the following paragraph shall be inserted, namely:-

       "May arrest without warrant.";

       (iv) in columns 4,5,6,7,and 8 opposite the paragraph inserted by sub-clause (ii) the word "Ditto" shall be inserted;

        (v) in the entry relating  to section 171G of the Indian Penal Code in column 3, for the word "Ditto" the words "shall not arrest without warrant" shall be substituted.

 

PART VIII

 

DISQUALIFICATIONS

 

CHAPTER 1

 

Disqualifications for membership

 

    

139.Offences entailing disqualification

.--(1) The following offences shall entail disqualification for membership of Parliament and of the Legislature of every State, namely:-

 

       (a) offences punishable with imprisonment under section 171E or section 171F of the Indian Penal Code (Act XLV of 1860), and

 

       (b) offences punishable  under section 135 or clause (a) of sub-section (2) of section 136 of this Act.

 

       (2) The period of such disqualification shall be six years from the date of the conviction for the offence.

 

      

140.Corrupt and illegal practices entailing disqualification

.--(1) The following corrupt or illegal practices relating to elections shall entail disqualification for membership of parliament and of the Legislature of every State, namely:-

 

       (a) corrupt practice specified in section 123 or section 124, and

       (b) illegal practices specified in section 125.

 

     (2) The period of such disqualification shall be six years in the case of a corrupt practice, and four years in the case of an illegal practice, counting from the date on which the finding of the Election Tribunal as to such practice takes effect under this Act.

 

CHAPTER II

 

Disqualifications for voting

 

    

141.Disqualification arising out of conviction and corrupt practices

.- If any person after the commencement of this Act-

 

       (a) is convicted of an offence punishable with imprisonment under section 171E or section 171F of the Indian Penal Code (Act XLV of 1860), or of an offence punishable under section 135 or clause (a) of sub-section (2) of section 136 of this Act, or

 

       (b) is, upon the trial of an election petition under Part VI, found guilty of any corrupt practice,

 

be shall for a period of six years from the date of the conviction or from the date on which such finding takes effect, be disqualified for voting at any election.

 

     

142.Disqualification arising out of illegal practices

.--If, in relation to any election, any person is, upon the trial of an election petition under Part VI, found guilty of any illegal practice, he shall be disqualified for voting at any election for a period of four years from the date on which such finding takes effect.

 

    

143.Disqualification arising out of failure to lodge return of election expenses

.--If defaults is made in making the return of the election expenses of any person who has been nominated as a candidate at an election to which the provisions of Chapter VIII of Part V apply, or if such a return is found, either upon the trial of an election petition under Part VI or by any court in a judicial proceeding to be false in any material particular, the candidate and his election  agent shall be disqualified for voting at any election for a period of five years from the date by which the return was required to be lodged.

 

     

144.Removal of disqualifications

.----Any disqualification under this Chapter may be removed by the Election Commission for reasons to be recorded by it in writing.

 

CHAPTER III

 

Other disqualifications

 

    

145.Disqualification for being an election agent

.---Any person who is for the time being disqualified under the foregoing provisions of this Part 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.

 

    

146.Disqualification for holding certain offices

.---Any person who--

 

       (a) has been convicted of an offence punishable with imprisonment under section 171E or section 171F of the Indian Penal Code (Act XLV of 1860), or of an offence, punishable under section 135 or clause (a) of sub-section (2) of section 136 of this Act, or

 

      (b) has been disqualified from exercising any electoral right for a period of not less than five years on account of any corrupt practices in connection with an election.

 

shall be disqualified for six years from the date of such conviction or disqualification from----

 

       (i) being appointed to, or acting in, any judicial office;

       (ii) being elected to any office of any local authority when the appointment to such office is by election, or holding or exercising any such office to which no salary is attached;

       (iii) being elected or sitting or voting as a member of any local authority; or

       (iv) being appointed or acting as a trustee of a public trust;

 

     Provided that any disqualification under this section may be removed by the election Commission for reasons to be recorded by it in writing.

 

PART IX

 

BYE- ELECTIONS

 

    

147.Casual vacancies in the Council of States

:---When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall be a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned or the elected members of the Coorg Legislative Council, as the case may be, to elect a person for the purposes of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

 

   

148.Casual vacancies in the electoral colleges for certain Part C States

--- When the seat of a member elected to the electoral college for a scheduled Part C State becomes vacant or is declared vacant or his election to such electoral collect is declared void, the Election commission shall,  by a notification in the Gazette of India, call upon the Council of States constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

 

    

149.Casual vacancies in the House of the people

:--(1) When  the seat  of  a  member elected to the House of  the  People  becomes vacant or is declared vacant or his election to the House of  the People  is declared void, the Election Commission shall,  subject to  the provisions of sub-section (2), by a notification  in  the Gazette  of  India,  call  upon  the  Parliamentary  Constituency concerned  to  elect  a person for the  purpose  of  filling  the vacancy  so  caused before such date as may be specified  in  the

notification,  and the provisions of this Act, and of  the  rules and  orders  made thereunder shall apply, as far as  may  be,  in relation to the election of a member to fill such vacancy.

 

       (2) If the vacancy so caused to a vacancy in a seat reserved in any  such  constituency  for  the Scheduled  Castes  or  for  any Scheduled  Tribes, the notification issued under sub-section  (1) shall  specify that the person to fill that seat shall belong  to the Scheduled Castes or to such Scheduled Tribes, as the case may be.

 

   

150.Casual vacancies in the State Legislative Assemblies

:-- (1) When the seat of a member elected to the Legislative Assembly of  a State becomes vacant or is declared vacant or his  election to  the  Legislative  Assembly is  declared  void,  the  Election Commission shall, subject to the provisions of sub-section.(2)  by  a  notification in the Official  Gazette, call  upon  the Assembly constituency concerned to elect a person for the purpose of  filling  the  vacancy so caused before such date  as  may  be specified in the notification, and the provisions of this Act, and of  the rules and orders made thereunder shall apply, as  far  as may  be,  in relation to the election of a member  to  fill  such vacancy.

 

    (2) If the vacancy so caused be a vacancy in a seat  reserved in  any  such constituency for the Scheduled Castes  or  for  any Scheduled  Tribes, the notification issued under sub-section  (1) shall  specify that the person to fill that seat shall belong  to the Scheduled Castes or to such Scheduled Tribes, as the case may be.

 

   

151.Casual vacancies in the State Legislative Councils

:-- When  before  the expiration of the term of office  of  a  member elected  to the Legislative Council of a State, his seat  becomes vacant  or is declared vacant or his election to the  Legislative Council  is  declared void, the Election Commission shall,  by  a notification  in  the  Official Gazette, call  upon  the  Council constituency concerned or the members of the Legislative Assembly of  the  State,  as the case may be, to elect a  person  for  the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this  Act and  of the rules and orders made thereunder shall apply, as  far as  may be, in relation to the election of a member to fill  such vacancy.

 

PART X

 

MISCELLANEOUS

 

 

    

152.List of members of the State Legislative Assemblies and electoral colleges and of elected members of the Coorg Legislative Council to be maintained by the Returning Officers concerned

:--(1)  The  Returning Officer for an  election  by  the elected members of the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election by  the members of the Legislative Assembly of a State to fill a seat  or seats  in  the Legislative Council of the State  shall,  for  the purposes  of  such  election,  maintain  in  his  office  in  the prescribed manner and form a list of elected members or a list of members as the case may be, of that Legislative Assembly.

 

      (2) The Returning Officer for an election by the members of the electoral  college for a Part C State or group of such States  or by the elected members of the Coorg Legislative Council to fill a seat or seats in the Council of States shall, for the purposes of such election maintain in his office in the prescribed manner and form  a  list of members of that electoral college or a  list  of elected members of the Coorg Legislative Council as the case  may be.

 

      (3) Copies of the lists referred to in sub-section (1) and  (2) shall be made available for sale.

 

   

153.Extension of time for completion of election

:--(1)  It shall be competent for the Election Commission  for reasons which it  considers  sufficient to extend the time  appointed  by  such Commission under the provisions of sub-section (1) or  sub-section (2) of section 12, or section 13, or section 15, or section 17 or sub-section (1) or sub-section (2) of section 18 or under any  of the provisions of Part IX for the completion  of any election.

 

(2)  When  the time for the completion of any election  is  so extended the President or the Governor or Rajpramukh of the State or  the  Election  Commission,  as  the  case  maybe,  shall   by notification in  the Official Gazette make o necessary  amendments in the notification issued in respect of such election under  any of the provisions referred to in sub-section (1)

 

    

154.Term of office of members of the Council of states

.-- (1) The term  office of a member elected to fill the seat in  the Council  of  States  to be filled by the  representative  of  the states of Ajmer and Coorg and of a member elect to fill the  seat in that Council to be filled by the representative of the  States of  Manipur  and Tripura, other than a member chosen  to  fill  a casual vacancy in either of those seats, shall be two years.

 

        (2) Subject as aforesaid, the term of office of a member  of the  council States, other than a member chosen to fill a  casual vacancy,  shall be six years but upon the first constitution   of the  Council  of  States the President shall   after  consultation with  the election Commission, make  by order such provision   he things  fit  for curtailing the term of office of  some  of  the members they chosen in order that, as nearly as may be, one-third of  the  members hold seats of each class shall retire  in  every second year thereafter.

 

           (3) A member chosen to fill a casual vacancy shall be chosen to serve to the remainder of his predecessor's term of office.

 

      

155.Commencement of the term of office of members of the Council of States

.--  The term of office of  a  member  of  the Council  of States whose name is required to be notified  in  the Official Gazette under section 71 shall begin on the date of  such notification.

 

       (2) The term of office of a member of the Council of States whose  name is not required to be notified under section 71  shall begin  on  the date of publication in the Official Gazette  of  the declaration  containing  the name of the person as  elected  under section  67 or of the notification issued under sub-clause (a)  of clause (1) of article 80 or under any other provision  announcing the  nomination  of such person to the Council of States,  as  the case may be.

 

       

156.Term of office of members of State Legislative Councils

.--(1) The term of office of a member of the  Legislative Council  of a State, other than a member chosen to fill a  casual vacancy,  shall be six years, but upon the first constitution  of the  council the Governor  or the Rajpramukh, as the case may  be shall,  after consultation with the Election Commission, make  by order such provision as he thinks fit for curtailing the term  of office  of  some  of the members then chosen in  order  that,  as

nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.

 

        (2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.

 

    

157.Commencement of the term of office of members of the Legislative councils

.---(1) The term of office of a  member  of the  Legislative Council of a State whose name is required to  be notified in the Official Gazette under section 75 shall begin  on the date of such notification.

 

     (2)  The  term  of office of a  member  of  the  Legislative Council  of  a State whose name is not required  to  be  notified under  section 75 shall begin on the date of publication  in  the Official  Gazette of the declaration containing the name of  such person as elected under section 67 or of the notification  issued under  sub-clause (e) of clause (3) of article  171,   announcing the nomination such person to the Council, as the case may be.

 

     

158.Return or forfeiture of deposits

.--(1) If a  candidate by whom or on whose behalf the deposit referred to in section  34 or  in  that section read with sub-section (4) of section  39  has been made withdraws his candidature in the manner and within  the time  specified  in sub-section (1) of section 37 or  in  that  sub-section  read with the said sub-section (4) or if the  nomination of any such candidate is rejected, the deposit shall be  returned to  the  person by whom it was made and, if  any  candidate  dies

before the commencement of the all, any such deposit, if made  by him shall be returned to his legal representative or, if not made by  the candidate, shall be returned to the person by whom it  was made.

 

     (2) If a candidate nominated under section 32 by whom or  on whose  behalf  deposit  has been made under  section  34  is  not elected,  and the number of States polled by him does not  exceed one-sixth of the total number of votes polled or, in the case  of a  constituency returning more than one member, one sixth  of  the total  number  of  votes polled divided by the  total  number  of members  be  elected,  the  deposit shall  be  forfeited  to  the appropriate authority.

 

      (3)  For the purpose of sub-section (2) the number of  votes polled  shall  be deemed to be the number of ballot  papers,  other than rejected ballot papers, omitted.

 

     (4)  The deposit made by or on behalf of a  candidate  under section  34  or under that section read with  sub-section  (4)  of section 39 shall, where it is not forfeited under sub-section  (2), be  returned to such candidate or to the person who has made  the deposit  on his behalf as the case may be, after the  publication of the result of the election in the Official Gazette:

 

    Provided that if a candidate is duly nominated at a  general  election in more than one Parliamentary constituency or Council  of States  constituency or assembly constituency, not more than  one of  the deposits made by him or on his behalf shall be  returned, and   the  remainder  shall  be  forfeited  to  the   appropriate authority.

 

     Provided further that if a candidate is duly nominated at an election  in more than one Council constituency or at an  election in  a Council constituency and an election by the members of  the State Legislative Assembly to fill seats in the State Legislative behalf shall be returned, and the remainder shall be forfeited to the State Government.

 

 

    

159.Staff of every local authority to be made available for election work

.-- Every local authority in a State shall, when  so requested by the Election Commissioner or a Regional  Commissioner appointed under clause (4) of article 324 or the Chief  Electoral Officer  of  the State, make available to any  Returning  Officer such staff as may be necessary for the performance of any  duties in connection with an election.

 

    

160.Requisitioning of premises, vehicles etc., for election purposes

.--(1)  If  it appears to the State  Government  that  in connection with an election held within the State---

 

       (a)any premises are needed or are likely to be needed  for the  purposes  of  being used as a polling  station  or  for  the storage of ballot boxes after a poll has been taken, or

 

       (b)  any vehicle, vessel or animal is needed or is  likely to  be needed for the purpose of transport of ballot boxes to  or from  any polling station, or transport of members of the  police force for maintaining order during the conduct of such election, or  transport of any officer or other person for  performance  of any duties in connection with such election,

 

       that Government may by order in writing requisition such premises, or  such vehicle, vessel or animal, as the case may be,  and  may make  such further orders as may appear to it to be necessary  or expedient in connection with the requisitioning:

 

     Provided  that no vehicle, vessel or animal which  is  being lawfully  used  by  a  candidate or his  agent  for  any  purpose connected   with   the  election  of  such  candidate   shall   be requisitioned under this sub-section until the completion of  the poll at such election.

 

     (2) The requisition shall be effected by an order in writing addressed by the person deemed by the State Government to be the owner  or  person in possession of the property, and  such  order shall be served in the prescribed manner on the person to whom it is addressed.

 

     (3) Whenever any property is requisitioned under sub-section (1),  the period of such requisition shall not extend beyond  the period for which such property is required for any of the purpose mentioned in that sub-section.

 

     (4) In this section---

 

       (a)  "premises"  means  any land, building or  part  of  a building and includes a hut, shed or other structure or any  part thereof;

 

       (b)  "Vehicle" means any vehicle used or capable of  being used  for  the purpose of road transport,  whether  propelled  by mechanical power or otherwise.

 

    

161.Payment of compensation

.--(1) Whenever in pursuance  of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the  amount of  which  shall be determined by taking into  consideration  the following, namely:-

 

(i)  the rent payable in respect of the premises or  if  no rent is so payable, the rent payable for similar premises in  the locality;

 

(ii)  if in consequence of the requisition of the  premises the  person  interested is compelled to change his  residence  or place of business, the reasonable expenses (if any) incidental  to such change:

 

Provided that where any person interested being aggrieved by the  amount  of compensation so determined makes  an  application within the prescribed time to the State Government for  referring the matter to an arbitrator, the amount of compensation to be paid shall  be such as the arbitrator appointed in this behalf by  the State Government may determine:

 

     Provided  further that where there is any dispute as to  the title  to receive the compensation or as to the apportionment  of the  amount  of compensation, it shall be referred by  the  State Government  to  an arbitrator appointed in this  behalf  by  that Government   for  determination,  and  shall  be  determined   in accordance with the decision of such arbitrator.

 

Explanation.---In  this sub-section the expression "person interested"  means  the person who  was  in actual possession  of  the  premises  requisitioned  under  section  160 immediately before the requisition, or where no person was  in such mutual possession, or owner of such premises.

 

(2)   Whenever  in  pursuance  of  section  160  the   State Government  requisitions  any vehicle, vessel  or  animal,  there shall  be  paid to the owner thereof compensation the  amount  of which  shall be determined by the State Government on the case  of the  fares  or rates prevailing in the locality for the  hire  of such vehicle, vessel or animal.

 

     Provided  that  where the owner of such vehicle,  vessel  or animal  being  aggrieved  by  the  amount  of  compensation   so determined makes an application within the prescribed time to the State  Government for referring the matter to an arbitrator,  the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine;

 

     Provided   further   that  where  immediately   before   the requisitioning the vehicle person other than the owner, the amount payable  in  respect  of the  requisition  shall  be  apportioned  between  that  person and the owner in such manner  as  they  may agree  upon,  and in default of agreement, in such manner  as  an arbitrator  appointed by the State Government in this behalf  may decide.

 

    

162.Power to obtain information

.---The State Government may, with  a view to requisitioning any property under section 160  or determining the compensation payable under section 161, by order, require  any  person  to  furnish a  such  authority  as  may  be specified  in  the  order  such  information  in  his  possession relating to such property as may be so specified.

 

    

163.Powers of entry into and inspection of premises, etc

.-- (1) Any person Authorised in this behalf by the State  Government may  enter  into any premises and inspect such premises  and  any vehicle, vessel or animal therein for the  purpose of determining whether  and  if so in what manner, an order  under  section  160 should  be made in relation to such premises, vehicle, vessel  or animal or with a view to securing compliance with any order  made under that section.

 

     (2)  In  this  section,  the  expressions  "premises  "  and "vehicle" have the same meanings as in section 160.

 

    

164.Eviction from requisitioned premises

.--(1) Any  person remaining   in  possession  of  any  requisitioned  premises   in contravention of any order made under section 160 may be summarily evicted  from the premises by any officer empowered by the  State Government in this behalf.

 

      (2) Any Officer so empowered may, after giving to any  woman not  appearing  in  public reasonable  warning  and  facility  to withdraw,  remove or open any lock or bolt or break open any  door of any building or do any other act necessary for effecting  such eviction.

 

    

165.Release of premises from requisition

.--(1)  When  any premises requisitioned under section 160 are to be released  from requisition,  the possession there of shall be delivered  to  the person  from  whom  possession was taken at  the  time  when  the premises were requisitioned, or if there were no such person,  to the person deemed by the State Government to be the owner of such premises,  and  such  delivery  of  possession  shall  be  a  full discharge of the State Government from all liabilities in respect of  such delivery, but shall not prejudice any rights in  respect of  the  premises which any other person maybe  entitled  by  due process  of law to enforce against the person to whom  possession of the premises a so delivered.

 

     (2)  Where  the person to whom possession  of  any   premises requisitioned under section 160 is to be given under  sub-section (1)  cannot  be found or is not readily ascertainable or  has  no agent  or  any other person empowered to accept delivery  on  his behalf, the State Government shall cause a notice declaring  that such premises are released from requisition to be affixed on some conspicuous  part of such premises and publish the notice in  the Official Gazette.

 

(3) When a notice referred to in sub-section (2) is published in  the Official Gazette, the premises specified in such  notice shall cease to be subject to requisition on and from the date  of such  publication  and  be deemed to have been  delivered  to  the person  entitled to possession thereof; and the State  Government shall  not  be  liable for any compensation  or  other  claim  in respect of such premises for any period after the said date.

     

    

166.Delegation of functions of the State Government with regard to requisitioning

:--The   State   Government    may, by notification  in  the Official Gazette, direct  that  any  powers conferred  or any duty imposed on that Government by any  of  the provisions of sections 160 to 165 shall, under such conditions if any,  as  may  be specified in the  direction,  be  exercised  or discharged  by  such officer or class of officers as  may  be  so specified.

 

    

167.Penalty for contravention of any order regarding requisitioning

.--If any person contravenes any order made  under section   160  or  section  162,  he  shall  be  punishable   with imprisonment for a term which may extend to one year on with fine or with both.

 

     

168.Special provisions with respect to Rulers of former Indian States

.---(1)  If the Ruler of a former Indian  State  is nominated  as  a candidate for any election under this  Act,  the provisions  of sub-section (1) of section 87B of the Code of  Civil Procedure,  1908 (Act V of 1908) and of sub-sections (2) and  (3) of section 197A of the Code of Criminal Procedure, 1898 (Act V of 1898)  shall  not  apply in relation to such  Ruler  during  the period commencing on the date of his nomination as such candidate and  ending on the date on which the result of the  election  is published  under  section  67, and  shall  not  apply  thereafter  in relation  to  any proceedings for questioning  the  validity  or regularity  of  such  election under part VI of  this  Act  or  in relation  to any criminal proceedings against such Ruler for  any offence  under Chapter IXA of the Indian Penal Code (Act  XLV  of 1860) or Chapter III of Part VII of this Act alleged to have been committed by him at or in connection with such election.

 

     (2) In this section---

 

       (a) "candidate" has the same meaning as in section 79;

 

(b)  "former Indian State" means any such Indian  State  as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section;

 

(c)  "Ruler" in relation to a former Indian  State,  means the  person who for the time being is recognised by the  president as the Ruler of that State for the purposes of the Constitution.

 

PART XI

 

GENERAL

 

     

169.Power to make rules

.---(1) The Central Government may, after consulting the Election Commission, by notification in  the Official Gazette, make rules for carrying out the purpose of this

Act.

 

     (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

 

       (a) the duties of presiding officers and polling  officers at polling stations;

 

       (b)  the checking of voters by reference to the  electoral roll;

 

(c) the manner in which votes are to be given both general and in the case of illiterate voters or voters under physical  or other disability.

 

       (d)  the  manner  in  which votes are to  be  given  by  a presiding  officer, polling officer, polling agent or any  other person, who being an elector for a constituency is authorised  or appointed  for  duty  at  a polling station at  which  he  is  not entitled to vote;

 

       (e) the procedure to be followed in respect of the  tender of  vote by a person representing himself to be an elector  after another person has voted as such elector;

 

(f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote;

 

     (g)  the scrutiny and counting of votes including  cases  in which  a recount of the votes may be made before the  declaration of the result of the election;

 

       (h)  the safe custody of ballot boxes, ballot  papers  and other election papers, the period for which such papers shall  be preserved and the inspection and production of such papers;

 

         (i)  any  other matter required to be prescribed  by  this Act.

 

     170 Jurisdiction of civil courts barred.    

-----No civil  court shall  have jurisdiction to question the legality of  any  action taken or of any decision given by the Returning Officer or by any other  person  appointed  under this Act in  connection  with  an election.

 

    171. Repeal of Act XXXIX of 1920.

---The  Indian  Elections Offences and Inquires Act 1920, is hereby repealed:

 

     Provided  that  such repeal shall not affect any  inquiry  in respect of an election to fill any casual vacancy refereed to  in clause  (1) or clause (2) of article 388 by an Election  Tribunal  appointed  for that purpose by the Election Commission,  and  the provisions of the said Act shall apply in relation to such election and inquiry notwithstanding such repeal subject to any order made by the President under the said clause (1) or clause (2), as  the case may be.

 

---------------