RP Act 1950 and 1951

1
RP Act 1950
and 1951
Representation Of The People Act, 1950
Part I (Sec. 1 and 2)
gives the title and definitions
Part II (Sec. 3 to 13)
provides for allocation of seats and delimitation
of Constituencies in the Lok Sabha and the State
Legislative Assemblies and Councils.
Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC)
Details the officers connected with the
preparation of Electoral Rolls.
This Act contains 32 Sections in 5 Parts.
THE PARTS ARE AS FOLLOWS
Representation Of the People Act, 1950
Part IIB (Sec. 13D)
provides for Electoral Rolls of Parliamentary
Constituencies
Part III (Sec. 14 to 25A)
provides for Electoral Rolls for Assembly
Constituencies

Part IV (Sec.27)
provides for Electoral Roll Council
Constituencies.
Part IVA (Sec.27A to 27K)
provides for the manner of filling seats in the
Council of States
Part V (Sec. 28 to 32)
gives general provisions with regard to the
jurisdiction of Civil Courts; making available staff
from local authorities, etc.
IMPORTANT SECTIONS
Section 2
defines Election Commission
as the Commission appointed by
the President under Article 324
of the Constitution of India.
Section 13A
provides for a Chief Electoral Officer
in each State.
Section 13AA
provides for the nomination by the
ECI of an officer to be the District
Election Officer.
Section 13B(1)
provides for designation or
nomination of ERO by ECI

Section 13B(2)
The ERO can employ various persons
for the preparation and revision of the
Electoral Roll for the AC.
Section 13C
provides for appointment of one or
more AEROs to assist EROs. AEROs
are competent to perform all or any
of the functions of EROs and are
subject to the control of EROs.

Section 13CC
CEO, DEO, ERO, AERO and all
other officers or staff employed for
preparation, revision and correction
of Electoral Rolls or conduct of
elections are deemed to be on
deputation to the ECI.
Section 18
No person can be registered
more than once in any Constituency.
Section 16
provides for reasons for
disqualification for registration in
Electoral Roll.
Section 19
gives the criteria for entitlement
for registration, i.e. 18 years of age
on qualifying date and ordinarily
resident in a Constituency.
Section 17
No person can register in more than
one Constituency.
Section 20
gives the meaning of
ordinarily resident.
Section 21
gives the provisions for various
kinds of revision of Electoral Rolls.

Section 30
provides for a bar on the jurisdiction
of Civil Courts to adjudicate upon the
question whether a person is or
is not entitled to be registered in the
Electoral Roll. The Civil Courts
cannot question the legality of any
action taken by or under the authority
of an ERO for the revision of any Roll.

Section 22
provides for the powers of
ERO/AERO for amending,
transposing or deleting
an entry in the Electoral Rolls.
Section 23
provides for the powers of the
ERO/AERO to include names in the
Electoral Rolls.
Section 31
is a penal clause for making false
declarations.
Section 29
provides for making available the staff
of local authorities to ERO for the
work related to the preparation and
revision of Electoral Rolls.

Section 32
is the penal clause for being guilty of
any act or omission in breach of
official duty by ERO, AERO or any
other person required to perform any
official duty in connection with the
preparation or revision of an
Electoral Roll.
Representation of the Peoples Act 1951
Learning Module for RO/ARO
8
Part I: Preliminary
(Sec 1-2)
Part II:
Qualifications &
Disqualifications
(Sec 3-11B)
Part III: Notification
of General Elections
(Sec 12-16)
Part IV:
Administrative
Machinery for
Conduct of Elections
(Sec 19-29)
Part IVA:
Registration of
Political Parties
(Sec 29A-29C)
Part V: Conduct of
Elections
(Sec 30-78)
Part VA: Free Supply of
Certain Material to
Candidates of
Recognized Political
Parties
(Sec 78A-78B)
Part VI: Disputes
Regarding Elections
(Sec 79-122)
Part VII: Corrupt
Practices and
Electoral Offences
(Sec 123-138)
Part VIII:
Disqualifications
(Sec 139-146C)
Part IX: Bye-
elections
(Sec 147-151A)
Part X:
Miscellaneous
(Sec 152-168)
Part XI: General
(Sec 169-171)
Learning Module for RO/ARO 9
Representation of the Peoples Act,
1951
Sec 1: Short Title
Interpretation of terms in the Act
Sec 2:
Interpretation
Part I: Preliminary
PART II: Qualifications & Disqualifications: Chapter I
Sec 3: Qualification for Membership of the Council of
States

Sec 4: Qualification for Membership of the House of People
Person shall not be qualified to be fill seat in House of People unless:
He is a member of SC/ST in case of seat being reserved for SC/ST
and is an elector for any Parliamentary constituency
In case of any other seat, he is an elector for any Parliamentary
Constituency

PART II: Qualifications & Disqualifications: Chapter II
Person shall not be chosen to fill a seat in
the Legislative Assembly of a State unless:
He is a member of SC/ST in case of seat
being reserved for SC/ST and is an elector
for any AC in that state
In case of any other seat, he is an elector
for any AC in that state
Sec 5: Qualification for
Membership of
Legislative Assembly
Qualifications for Membership of Assembly
of Sikkim
Sec 5A
Qualification for Membership of Legislative
Council
Sec 6
PART II: Qualifications & Disqualifications: Chapter III
Appropriate Govt. means Central Govt. & State
government with regards to disqualification for being
chosen as MP and MLA/MLC of that state
respectively.
Disqualified means disqualified for being chosen as
MP or MLA/MLC of a state.
Sec 7: Definitions

Person convicted for various offences or in
contravention of certain laws and provisions
Disqualified for a period of six years from date of
conviction

Sec 8:
Disqualification on
conviction for
certain offences
Case of every person found guilty of a corrupt
practice by an order under Section 99 shall be
submitted to the President to determine
whether such person shall be disqualified & for
what period
A petition to the President for the removal of
such disqualification for the unexpired period
can be submitted
Before giving a decision on this disqualification
the President shall obtain the opinion of the
Election Commission
Sec 8A:
Disqualification on
the ground of
corrupt practices
A person having held an offence under the
Government of India/State for corruption or
disloyalty shall be disqualified for a period of
5 years
Sec 9: Disqualification
for dismissal for
corruption or disloyalty
If person has a contract with the Government
for the supply of goods to or for execution of
any works
Sec 9A: Disqualification
for Government
contracts
As long as he is a managing agent, manager
or secretary of any company or corporation in
which the Government has not less than 25%
share
for office under
government company
Failing to lodge an account of election
expenses within time and manner required
or has no good reason or justification for the
failure
Disqualified for a period of three years
Sec 10A:
Disqualification for
failure to lodge account
of election expenses
The Election Commission, for reasons to be
recorded has the right to remove or reduce
any disqualification under this chapter
Sec 11: Removal
or reduction of
period of
disqualification
PART II: Qualifications & Disqualifications: Chapter IV
For an offence punishable under Sec
171E/Sec 171F of IPC ,or Sec
125/135/Clause(a) of sub section (2) of
section 136 of Representation of People
Act, 1951, or by a decision of the
President
Shall be disqualified for a period of six
years
Sec 11A:
Disqualification
arising out of
conviction and
corrupt practices
The Election Commission for reasons to be
recorded ,may remove disqualification
Sec 11B: Removal of
disqualifications
PART III: Notification of General Elections
Notification for Biennial Election to the
Council of States
Sec 12
Notification for election to fill the seat
allotted to the state of Sikkim in the Council
of States
Sec 12A
Notification for Reconstitution of electoral
colleges of certain UT (Repealed by the
Territorial Councils Act, 1956)
Sec 13
By notifications published in the Gazette
President shall call upon all Parliamentary
constituencies to elect members
Sec 14: Notification for
General Election to the
House of the People
Notification for electing the representative
of the State of Sikkim to the existing House
of the People
Sec 14A
PART III: Notification of General Elections
On the expiration of the duration of the
existing Assembly or on its Dissolution
Notification shall be published by the
Governor /Administrator in the official
Gazette
Sec 15: Notification for
General election to a
State legislative
Assembly
Notification for certain elections to
Legislative Council
Sec 15A
Notification for biennial election to a State
legislative Council
Sec 16
"Constituency" means a Parliamentary
Constituency or an Assembly constituency or
a Council constituency
Sec 19: Definition
By special directions given by the EC its
functions may be performed by a Deputy
Election Commissioner/ by Secretary to the
EC
Sec 19A: Delegation of
functions of Election
Commission
To supervise the Conduct of all Elections in
the State Subject to the superintendence,
direction and control of the EC
Sec 20: General Duties
of CEO
To co-ordinate and supervise all work in the
area under his jurisdiction in the conduct of
all elections subject to the superintendence
of, direction and control of CEO
Sec 20A: General Duties
of DEO
PART IV: Administrative Machinery for Conduct of Elections
To watch the Conduct of Elections in
one/group of constituencies as directed by
the EC
Power to stop the counting of votes or not to
declare the result
Sec 20B: Observers
The EC in consultation with the government
of the State ,designate or nominate such
person who shall be an officer of
government or of a local authority (for one
or more constituencies )
Sec 21: Returning
Officers
One or more persons to assist any RO
Subject to the control of the RO perform any
or all of the functions of the RO, none of
which relate to the scrutiny of nominations
unless the RO is unavoidably prevented from
performing it
Sec 22: Assistant
Returning Officers
Deemed to include an assistant returning
officer performing any function which he is
authorized to perform under sub section (2)
of sec 22
Sec 23: RO to include
AROs performing
functions of RO
To do all such acts as necessary for effectually
conducting the election in the manner
provided by Representation of People Act
1951 & rules and orders made thereunder
Sec 24: General Duty of
the RO
DEO shall provide sufficient number of
polling stations for area under his
jurisdiction
Shall publish a list of polling stations along
with the polling area and groups for voters
for whom it is provided
Sec 25: Provision of
Polling Stations for
Constituencies
DEO appoints a PrO for each polling station,
except a person employed by the candidate
in the election
Polling Officer to perform all functions of
PrO if directed by PrO/ absenteeism owing
to illness of PrO
Sec 26: Appointment
of Presiding Officers
for Polling Stations
To keep order thereat and to see that the
poll is fairly taken
Sec 27: General Duty of
the Presiding Officer
To assist the Presiding Officer in the
performance of his functions
Sec 28: Duties of a
Polling Officer
01-06-
2014
Deputation for the period commencing on
the date of notification calling for election till
the date of declaration of results of the
Elections
Includes all police officials involved in
election activities
Sec 28A: RO, PrO, etc.
deemed to be on
deputation to Election
Commission
1
The RO with the approval of the EC, fix the
place at which the poll will be taken & notify
it
The RO shall preside over such election and
appoint Polling officers to assist him (not
appointing any person who has been
employed by the candidate for election)
Sec 29: Special
Provision in case of
certain elections
01-06-2014 Learning Module for RO/ARO 26
PART IVA: Registration of Political Parties

Make an application for registration signed by
the chief executive officer of the association &
presented to Secretary of commission
Application containing particulars specified by
the Commission like the name of the body,
state in which its head office is situated etc.
Accompanied by a copy of memorandum of
rules or regulations of the body
After considering all particulars, the
Commission shall decide either to register
the body as a political party or not
Sec 29A:
Registration
with the EC
of
associations
and bodies as
political
parties

Can accept any amount of contribution
voluntarily offered by any person/company other
than a Government company or foreign source
Foreign source defined under clause (e) of
section 2 of Foreign Contribution (Regulation)Act,
1976
Sec 29B:
Political
Parties
entitled to
accept
contribution
Treasurer /authorized person shall prepare
a report for each financial year stating:
Contribution in excess of 25000 rupees
received by the party from any
person/companies in the financial year
Report shall be submitted for furnishing a
return of its income under Sec 139 of the
Income tax Act, 1961 to the Election
Commission failing which the party shall
not be entitled to any tax relief
Sec 29C:
Declaration
of donation
received by
the political
parties
Total Registered parties in India -
1027, out of them 980 are not yet
recognized. A few aspirants started
parties with some innovative names
like " Bharthiya Prajatantrik Shudh
Gandhiavadhi Krishik Dal"

Did you know?
PART V: Conduct of Elections
Chapter I: Nomination
of Candidates
(Sec 30-39A)
Chapter II: Candidates
& Their Agents
(Sec 40-51)
Chapter III: General
Procedure at Elections
(Sec 52-55A)
Chapter IV: The Poll
(Sec 56-63)
Chapter V: Counting of
Votes
(Sec 64-67A)
Chapter VI: Multiple
Elections
(Sec 68-70)
Chapter VII:
Publication of Election
Results & Nominations
(Sec 71-74)
Chapter VIIA:
Declaration of Assets
& Liabilities
(Sec 75A)
Chapter VIII: Election
Expenses
(Sec 76-78)
PART V: Conduct of Elections- Chapter I: Nomination of Candidates
By notification in the Official gazette appoint
the last date of making nominations, scrutiny
of nominations, withdrawal of candidatures
,date on which the poll shall be taken, date
before which the election shall be completed
Sec 30: Appointment of
dates for nominations
Give notice inviting nominations of candidates
specifying the place at which the nomination
papers are to be delivered
Sec 31: Public notice of
election
Qualified to be chosen to fill that seat under
provisions of Constitution ,Representation of
People Act ,1951/provisions of the
Government of Union Territories Act, 1963
Sec 32: Nomination of
candidates for election
Deliver to the Returning officer a nomination
paper in the prescribed form by a candidate or
proposer between 11a.m.and 3p.m. on
notified days
Sec 33: Presentation of
Nomination Paper &
requirements for a valid
nomination
Furnish Information regarding being
accused/convicted of any offence
Candidate/proposer to submit an affidavit
verifying the information to the RO ,wherein he
shall display it at his office
Sec 33A: Right to
Information
Candidate is not be liable to disclose any
information in respect of his election which is
not required to be disclosed under this
Act/rules
Sec 33B: Candidate to
furnish information only
under the Act & the
rules
Candidate shall deposit a sum of 10,000
rupees or where the candidate is a member
of Scheduled tribe/caste ,a sum of 5000
rupees incase of an Election from an
Assembly/Council constituency
Sum shall be deemed to have been deposited
only when at the time of delivery of the
nomination paper the candidate has
deposited the sum in cash to RO, or has a
receipt showing deposit in Government
treasury
Sec 34: Deposits
On receiving nomination paper ,RO shall
inform of the date ,time & place fixed for the
scrutiny of nominations and shall enter the
serial number on the paper
Sec 35: Notice of
nominations and time
and place for scrutiny
RO shall examine & decide all objections made
to any nomination and then after summary
inquiry reject any nomination and hence
prepare a list of validly nominated candidates
Sec 36: Scrutiny of
nominations
Notice in writing to RO delivered before 3p.m.
on the day fixed under clause(c) Sec 30
Sec 37: Withdrawal of
candidature
After the expiry of the period of withdrawal of
candidature, RO shall publish a list of
contesting candidates
Sec 38: Publication of
list of contesting
candidates
After election notification ,ECI by
notification will appoint :
7
th
day after Election Notification as last
date for filing nominations
Day immediately after last day of
nominations as date for scrutiny
2
nd
day after scrutiny as last date for
withdrawal of candidature
date/s for poll which shall not be earlier
than 7
th
day after the last date for
withdrawal
Deadline for completion of election
Sec 39: Nomination of
candidates at other
elections
On the basis of past performance of a
recognized political party ,during elections ,EC
to allocate equitable sharing of time on the
cable television network & other electronic
media, binding on all political parties
EC can make the code of conduct for cable
operators & electronic media
Sec 39A: Allocation of
equitable sharing of
time
PART V: Conduct of Elections- Chapter II: Candidates & their agents
Candidate appoints one person other than
himself as Election agents making notice of such
appointment to the RO
Sec 40: Election agents
Disqualified under the Constitution for being a
member of Parliament/Legislature/voting at
elections
for being an election
agent
Shall be signed by the candidate & shall
operate from the date on which it is lodged with
the RO
If event occurs before the lodging of candidate's
election expenses ,another person can be
appointed by the candidate in the prescribed
manner
Sec 42: Revocation of the
appointment, or death of an
election agent
Repealed by the Representation of the
People (IInd Amendment)Act ,1956( 27 of
1956
Sec 43: Effect of
Default in
appointment of
election agent u/s 42
Repealed by the Representation of the
People (IInd Amendment)Act ,1956( 27 of
1956
Sec 44: Duty of the
election agent to keep
accounts
As authorized by this Act
Sec 45: Functions of
election agents
By the candidate/ his election agent as
prescribed under Sec 25 /under sub-
section (1) Section 29 for the poll
Sec 46: Appointment
of Polling Agent
By the candidate/his Election agent in the
prescribed manner by giving notice of
appointment to the RO
Sec 47: Appointment
of Counting Agent
Signed by the candidate /Election agent
operating from the date on which it is
lodged with prescribed officer
In case of death or revocation,
candidate/election agent may appoint in
the prescribed manner another
polling/counting agent before poll is
closed/before counting of votes is
commenced
Sec 48: Revocation of
the appointment or
death, of a polling
agent or counting
agent
In connection with the poll/counting of
votes as authorized under this Act
Sec 49: Functions of
Polling agents and
counting agents
Each contesting candidate/election agent
shall have a right to be present & may
himself do any act which any polling
/counting agent is authorized to do at a
poll
Sec 50: Attendance of a
contesting candidate
/election agent at
polling stations &
performance by him of
functions of polling/
counting agent
Non attendance at the time & place
appointed for the purpose shall not ,if the
act is otherwise duly done ,invalidate the
act or thing done
Sec 51: Non-attendance
of polling or counting
agents
43
PART V: Conduct of Elections- Chapter III: General Procedure at Elections
RO on being satisfied of the death of the
candidate by order announce adjournment of
the poll & report the fact to the EC
Party will be called upon to nominate
another candidate for the said poll within
seven days of issue of such notice & RO shall
again furnish a list of contesting candidates
Sec 52: Death of a
candidate of a
recognized political
party before poll
44
If the number of contesting candidates is
more than the number of seats to be filled a
poll shall be taken, when equal to the number
of seats/is less than the number of seats to be
filled RO shall declare all such candidates to
be duly elected
Sec 53: Procedure in
contested and
uncontested
elections
(Repealed by the Representation of the
People (Amendment) Act, 1961, w.e.f. 20-9-
1961)

Sec 54: Special
procedure at elections
in constituencies where
seats are reserved for
Scheduled Caste or
Scheduled Tribes
45
Member of Scheduled caste /tribe shall not
be disqualified to hold seat not reserved for
members of those castes/tribes if he is
otherwise qualified to hold such seats
Sec 55: Eligibility of
members of SC/ST to
hold seats not reserved
for those castes or
tribes
[Repealed by the Representation of the
People (Amendment) Act, 1958, (58 of 1958)]
Sec 55A: Retirement
from contest at
elections in
Parliamentary and
Assembly
constituencies
PART V: Conduct of Elections- Chapter IV: The Poll
EC to fix the hours during which poll will be
taken (total period allotted on any one day
for polling shall not be less than 8 hours)
Sec 56: Fixing Time for
Poll
When poll is interrupted by riot, natural
calamity or any other cause ,PO/RO shall
adjourn the poll
Sec 57: Adjournment of
Poll in emergencies
Tampering of any ballot box used at the
polling station resulting in non ascertainment
of result of the poll
EC will declare that poll to be void
Sec 58 : Fresh Poll in
case of destruction etc.
of ballot boxes
On booth capturing RO will report the matter
to the EC wherein the poll is declared
void/election in the constituency is
countermanded
Sec 58A: Adjournment
of Poll or
countermanding of
election on ground of
booth capturing
Votes shall be given by a ballot in such a
manner as prescribed
Sec 59: Manner of
Voting at elections
Any of the persons referred to in clause
(a)/clause(b) of sub section (8) of Sec 20 of
the Representation of the People Act ,1950
to give his vote either in person or by postal
ballot or by proxy ,and not in any other
manner at an Election
Sec 60: Special
procedure for voting by
certain classes of
persons
Provisions may be made by rules under
this Act for the marking with indelible ink,
for the production of identity card by the
elector
Sec 61 : Special
Procedure for
preventing
personation of
electors
Procedure of giving of votes by voting
machines will be prescribed by the
Election Commission ,having regard to
the circumstances of each case
Sec 61A: Voting
Machines at elections
Every person who is for the time being
entered in the electoral roll of the
constituency shall be entitled to vote in that
constituency
Shall not vote if subject to any
disqualifications referred in Sec 16
,Representation of People Act,1950
Sec 62: Right to Vote
(Repealed by the Representation of the
People (Amendment) Act, 1961, (40 of
1961) w.e.f. 20-9-1961)
Sec 63: Method of
Voting
PART V: Conduct of Elections- Chapter V: Counting of Votes
To be counted by/under supervision &
direction of the RO & each contesting
candidate /election agent /counting agents
shall have a right to be present
Sec 64: Counting of
Votes
RO to report the matter to the EC ,wherein
EC shall direct the counting of votes to be
stopped ,declare the poll to be void or take
necessary action and conduct a fresh poll
Sec 64A: Destruction,
loss etc. of ballot
papers at the time of
counting
If equality of votes exists after counting the
votes, the addition of one vote shall entitle
any of the candidates to be declared elected
which shall be decided by lot by RO
Sec 65: Equality of
Votes
PART V: Conduct of Elections- Chapter V: Counting of Votes
In the absence of any direction by EC, RO to
declare the result of election in manner
provided by this Act/Rules
Sec 66: Declaration of
Results
RO to report result of election to EC &
Appropriate authority as prescribed
Sec 67: Report of the
Result
Date on which candidate is declared by the
RO to be elected shall be the date of election
of that candidate
Sec 67A: Date of
election of candidate
PART V: Conduct of Elections- Chapter VI: Multiple Elections
By notice is writing within ten days from
the date candidate is chosen ,signed by
him & delivered to the EC ,intimating
which house he wishes to serve
,thereupon his seat in the House not
chosen becomes vacant
Sec 68: Vacation of
seats when elected to
both houses of
Parliament
Person already a member of either house
who has taken his seat if chosen for other
house ,his seat in the taken house
becomes vacant on the date he is chosen
Sec 69: Vacation of
seats by persons
already members of
one House on
election to other
House of Parliament
PART V: Conduct of Elections- Chapter VI: Multiple Elections
Unless within the prescribed time he
resigns all but one of the seats by writing to
the Speaker/chairman/authority, all the
seats shall become vacant
Sec 70: Election to
more than one seat in
either House of
Parliament or in the
House or either
House of the
Legislature of a State
PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election
Results and Nominations & Declaration of Assets and Liabilities
Publication of Results of Elections to the
Council of States and of the names of
persons nominated by President
Sec 71
Publication of Results of Elections for
Reconstitution of electoral colleges for
certain UT [Repealed by the Territorial
Councils Act, 1956 (103 of 1956)]
Sec 72
Results will be notified in the Official Gazette
by the EC along with the names of the
members elected for the constituency ,hence
shall be deemed constituted
Sec 73: Publication of
results of general
elections to the House
of People and State
Legislative Assemblies
and of names of
persons nominated
thereto
PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election
Results and Nominations & Declaration of Assets and Liabilities
Notification under Sec 73 may be issued
without taking into account Parliamentary
constituencies of J&K and take separate
steps for them
Sec 73A: Special
provisions as to certain
elections
Publication of results of elections to the
State Legislative councils and of names of
persons, nominated to such councils
Sec 74
Within 90 days from the date of making
oath ,Elected candidate must furnish
information regarding his assets & liabilities
Sec 75A: Declaration of
Assets and Liabilities
PART V: Conduct of Elections- Chapter VIII: Election Expenses
Application of Chapter- Only to elections to
House of People and Legislative Assembly of
a State
Sec 76
Candidate/Election agent shall keep an
separate, correct account of election
expenditure incurred/authorized between
date of nomination & declaration of results.
Sec 77: Account of
Election Expenses and
maximum thereof
Within 30 days from the date of election,
contesting candidate should lodge with DEO
true copy of election expenses kept by
him/election agent
Sec 78 : Lodging of
account with District
Election Officer
Panduranga Rao is India's first and only elected
candidate to conduct a referendum on his work.
After 3 years as sarpanch of Allagadapa village
(Nalgonda Dist., AP), he thought it is important to
know his performance as sarpanch and conducted
a referendum with help of few NGO's. Out of 1789
polled votes, 1710 supported him. He entered in
Limca book of Records in 2006 as the first elected
representative in India to hold a referendum on his
tenure. Guinness World Records, is examining to
enter his name. Hats off ,for upholding the spirit of
democracy.
(Source: http://bizgyan.blogspot.in/2009/04/indian-elections-trivia.html)
57
Did you know?
PART VA: Free Supply of Certain Materials to Candidates of Recognized
Political Parties
Subject to conditions laid by Central
Government & EC with respect to the
reduction of maximum expenditure
incurred by the candidate
Govt shall supply through Officers free
copies of Electoral rolls
Sec 78A: Free Supply
of Copies of Electoral
Rolls
EC shall between the date of publication
of notification & date on which poll is
taken supply certain items to candidates
in consultation with the Central Govt and
its laid conditions
Sec 78B: Supply of
certain items to
candidates, etc.
PART VI: Disputes Regarding Elections: Chapter I - Interpretation
Interpretations
sub sections (a)to (f) pertain to
definitions of candidate, costs
,electoral right ,High Court
,returned candidate
Sec 79
PART VI: Disputes Regarding Elections: Chapter II- Presentation of
Election Petitions to High Court
No election shall be called in question except
by an Election petition in accordance with
the provisions laid
Sec 80: Election
Petitions
Jurisdiction lies with the High Court Single
Judge & Chief justice & their assigned judge/s
Sec 80A: High Court to
try election petitions
By candidate/elector within 45 days of date
of election on grounds specified by sub sec(1)
of Sec 100& Section 101 of this Act
Sec 81: Presentation of
Petitions
PART VI: Disputes Regarding Elections: Chapter II- Presentation of
Election Petitions to High Court
Petitioner to join as a respondent to his
petition when he claims that he /other
candidate has been duly elected
Sec 82: Parties of the
Petitions
Contain verified concise statement of
material facts relied on by the petitioner,
corrupt practices alleged ,& his signature
Sec 83: Contents of
Petition
Claim a further Declaration that he/other
candidate has been duly elected
Sec 84: Relief that may
be claimed by the
Petitioner
Procedure on receiving petition [Repealed
by Representation of the People
(Amendment) Act, 1966 (47 of 1966)]
Sec 85:
PART VI: Disputes Regarding Elections: Chapter III Trial of Election Petitions
Petitions not complying with provisions of Sec
81/82/112 of this Act shall be dismissed
Trial shall be deemed to commence on the
date fixed for the respondents to appear
before the High Court
Sec 86: Trial of Election
Petitions
Petition shall be tried in accordance with the
procedure applicable under Code of Civil
Procedure,1908 (5 of 1908 to the trial of the
suits & Indian Evidence Act ,1872
Sec 87: Procedure
before the High Court
Place of Trial
Attendance of Law Officers
Procedure & Appearance before the Tribunal
Powers of tribunal
Sec 88-92 (repealed by
Act 47 of 1966)
No document shall be inadmissible in
evidence at the trial of Election petition on
ground that it is not duly stamped
/registered
Sec 93: Documentary
Evidence
No witness /other person shall be required to
state for whom he has voted
Sec 94: Secrecy of
Voting not to be
Infringed
No witness shall be excused from answering
any question relevant to a trial of election
petition
Sec 95: Answering
criminating questions &
certificate of indemnity
Reasonable expenses incurred in attending to
give evidence to be deemed to be part of the
costs
Sec 96: Expenses of
Witnesses
When Declaration claiming election of
any other candidate is made ,the
returned candidate /other party may
give evidence to prove that the election
would have been void if he had been
the returned candidate
Sec 97: Recrimination
when seat claimed
At the conclusion of the trial, High
Court shall make an order for dismissing
the election petition/declaring the
election any/all of the returned
candidates to be void /other candidate
to have been duly elected
Sec 98: Decision of the
High Court
With regard to charge of any corrupt
practice ,fixing the total amount of costs
payable & persons by &whom costs shall be
paid
Sec 99: Other Orders to
be made by High Court
Various grounds for declaring election of the
returned candidate to be void
Sec 100: Grounds for
declaring election to be
void
High Court is of the opinion that the
petitioner /other candidate received a
majority of the valid votes/votes are
obtained by corrupt practice
Sec 101: Grounds for
which candidate other
than returned
candidate may be
declared to have been
elected
Decision would be taken by RO under
provisions of this Act/High Court shall
decide by Lot
Sec 102: Procedure in
case of equality of
votes
High Court shall intimate the substance of
the decision to the Election Commission &
Speaker of House of Parliament
Sec 103:
Communication of
orders of HC
EC shall forward copies of the order made
by the High Court to the appropriate
authority/speaker /chairman of house of
Parliament
Sec 106: Transmission
of Order to
appropriate authority,
etc. and its
publications
Effect of orders shall take place as it is
pronounced by the High Court
Sec 107: Effect of
orders of the HC
PART VI: Disputes Regarding Elections: Chapter IV Withdrawal and
Abatement of Election Petitions
[Repealed by the Representation of the
People (Amendment)Act, 1966 (47 of
1966)
Sec 108: Withdrawal
of petitions before
appointment of
Tribunal (repealed by
47 0f 1966)
Only by leave of the High Court on
making an application for withdrawal
Sec 109: Withdrawal
of Election Petitions
Refer to the procedure under the Section
110
Sec 110 : Procedure
for withdrawal of
election petitions
PART VI: Disputes Regarding Elections: Chapter IV Withdrawal and
Abatement of Election Petitions
High Court shall report the fact to the EC,&
EC shall publish the report in the Official
Gazette
Sec 111: Report of
withdrawal by the HC to
the ECI
Shall abate only on the death of a sole
petitioner/survivor of several petitioners
Sec 112: Abatement of
Election Petitions
High court shall place notice of no
respondent to oppose the petition in the
Official Gazette & thereby receive
applications from petitioners to get a
substitute
Sec 116: Abatement or
substitution on death
of respondent
PART VI: Disputes Regarding Elections: Chapter IVA- Appeals
Appeal can be made to the Supreme Court
within 30 days of order(under Sec 98/99)
of High Court
Sec 116A: Appeals to
Supreme Court
Before the expiration of the time allowed
for appeal can be made to the High
Court/Supreme Court for the stay of
operation of an order
Sec 116B: Stay of
Operation of Order of
High Court
Supreme Court hears the appeal in
accordance with the laid laws and rules
Sec 116C: Procedure of
Appeal
PART VI: Disputes Regarding Elections: Chapter V- Costs and security for
costs
According to the rules of the High Court
petitioner shall deposit 2000 rupees as
security for the costs of the petition
Sec 117: Security for
Costs
No person shall be entitled to join unless
given security of costs
Sec 118: Security for
Costs from
Respondent
Discretion of the High Court to take
orders
Sec 119: Costs
PART VI: Disputes Regarding Elections: Chapter V- Costs and security for
costs
By the person in whose favor these costs
are awarded
Security deposits shall be returned on the
death of the depositor
Sec 121: Payment of
Costs of Security
Deposits and return
of such deposits
Before the principal court of original
jurisdiction within the local limits of the
residence of the person
Sec 122: Execution of
orders as to costs
In five Indian states and one union
territory, women voters outnumber
men:
Andhra Pradesh
Kerala
Manipur
Meghalaya
Mizoram
Puducherry
Did you know?
PART VII: Corrupt Practices and Electoral Offences: Chapter I- Corrupt
Practices
Corrupt Practices
Definitions of bribery, undue influence,
inciting religious sentiments, booth
capturing, etc.
Sec 123
PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences
Promoting enmity on grounds of religion,
race, caste, community ,language, feelings is
punishable
Imprisonment upto 3 years /fine/both
Sec 125: Promoting
Enmity between classes
in connection with
election
Imprisonment upto 6 moths/fine/both
Sec 125A: Penalty for
filing false affidavit, etc.
Imprisonment upto 2 years/fine/both
Sec 126: Prohibition of
public meetings during
period of 48 hours ending
with hour fixed for
conclusion of poll
For the date & time specified by the EC by a
general order
Imprisonment upto 2 years /fine/both
Sec 126A: Restriction
on publication and
dissemination of result
of exit polls, etc.
Offence under sub section (2) Section 126A
Every person responsible for the conduct of
business of the company shall be deemed
guilty unless proven
Sec 126B: Offences by
companies
Public meeting of a political character
If Police Officer suspects any person ,he can be
arrested without warrant
Imprisonment upto 6 months /fine upto 2000
rupees
Sec 127:
Disturbances at
election meetings
Election pamphlet/poster which does not bear
the name & addresses of the printer /publisher
shall not be printed
Declaration as to the identity of the publisher is
to be sent to the printer signed by publisher and
attested by 2 persons personally known to him
Copy of the declaration and the document should
be sent by the printer to the CEO/District
Magistrate as per location
Imprisonment upto 6 months /fine up to Rs.
2000/ both
Sec 127A:
Restrictions on the
printing of
pamphlets, posters,
etc.
Officer/clerk/agent/person performing duty
in connection to Election shall not
communicate to any person any information
calculated to violate such secrecy
Sec 128: Maintenance
of secrecy of voting
No act for the furtherance of the prospects of
the election of a candidate should be done
Imprisonment upto 6 months /fine/both
Sec 129: Officers, etc. at
elections not to act for
candidates or to
influence voting
No canvassing on the date/dates on which
the poll is taken
Fine upto 250 rupees
Sec 130: Prohibition of
canvassing in or near
polling stations
PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral
Offences
Imprisonment upto 3 months /fine/both &
Police Officer has the right to arrest and take
necessary actions
Sec 131: Penalty for
disorderly conduct in or
near polling stations
Imprisonment upto 3 months /fine /both
misconduct at the polling
station
Elector refusing to observe procedure for
voting the ballot paper shall be liable for
cancellation
failure to observe
procedure for voting
Imprisonment upto 3 months & fine
Sec 133: Penalty for illegal
hiring or procuring of
conveyance at the
elections
Offences
Fine upto 500 Rupees
Applicable to DEO, RO, ARO, PrO ,Polling
Officers & any other person appointed to
perform duty in connection with receipt of
nomination of withdrawal of candidatures
/recording/counting of votes
Sec 134: Breaches of official
duty in connection with
elections
Imprisonment upto 3 months/fine/both
government servants for
acting as election agent,
polling agent or counting
agent
Except RO, Presiding Officer/Police Officer
/person appointed to maintain peace & order
at the polling station
Imprisonment upto 2 years/fine /both
Sec 134B: Prohibition of
going armed to or near a
polling station
Unauthorizedly takes ballot paper outside
the polling station
Imprisonment upto 1 year/fine upto 500
rupees/both
Sec 135: Removal of
ballot papers from
polling station to be an
offence
Imprisonment upto 3 years & fine ,if
committed by a person in service of
Government term is upto 5 years & fine
Booth capturing: seizure/taking possession
of polling station/place of counting of votes
/threatening any elector
Sec 135A: Offence of
booth capturing
Every person entitled to vote at an election
to be granted a day of poll without
deduction of wages
Sec 135B: Grant of paid
holiday to employees
on the day of poll
Offences
Within a polling area during 48 hours
ending with the conclusion of the poll
Sec 135C: Liquor not
to be sold, given or
distributed on polling
day
Guilty of electoral offence :tampering with
ballot box or ballot paper /nomination
paper fraudulently
Imprisonment upto 6 months or 2 years
/fine /both
Sec 136: Other
offences and penalties
thereof [Sub sections
to (1)-(4)]
Offences
PART VIII: Disqualifications: Chapter IV Powers of Election Commission
in connection with Inquires as to Disqualification of Members
For purposes of inquiry ,EC has the powers of
a Civil Court while trying a suit under the Code
of Civil Procedure, 1908
Sec 146: Powers of
Election Commission
No statement made by a person in the course
of giving evidence be used against him in any
civil/criminal proceeding except a prosecution
for giving false evidence
Sec 146A: Statements
made by Person to the
Election Commission
EC has the power to regulate its own
procedure
Sec 146B: Procedure to
be followed by the
Election Commission
No suit/prosecution for action taken in good
faith
Section 146C: Protection
of action taken in good
faith
(Chapters I-III repealed by 47 of 1966)
20,140 litres of violet ink are used in
Parliamentary General Elections to put
ink from top of the nail to the bottom of
voters.
Voters' ink/ Indelible Ink was developed
by the Delhi-based National Physical
Laboratory, the ink's manufacturing has
been licensed to Mysore Paints, a 72-
year-old company owned by the
Karnataka government.
Only one man in the company knows the
formula for making the ink - its quality
control manager. And he does it behind a
secure, locked door and alone.

84
Did you know?
PART IX: Bye Election
Casual Vacancies in the Council of States Sec 147
Casual Vacancies in the electoral colleges for
certain UT [Repealed by the Territorial
Councils Act, 1956 (103 of 1956)]
Sec 148
Notification in the Official Gazette to call
upon the Parliamentary constituency
concerned to elect a person
Sec 149: Casual
Vacancies in the House
of the People
PART IX: Bye Election
Notification in the Official Gazette ,EC shall call
upon the Assembly constituency to elect a
person
Sec 150: Casual
Vacancies in the State
Casual Vacancies in the State Legislative
Councils
Sec 151
Time limit for filling vacancies referred to in
sections 147, 149, 150 and 151
Sec 151A
87
PART X: Miscellaneous
RO should maintain a list of elected
members of that Legislative Assembly
Copies of such shall be made available for
Sale
Sec 152: List of
Members of the State
and electoral colleges
to be maintained by
returning officers
concerned
Amendments should be made in the
Notification issued by the EC
Sec 153: Extension of
time for completion of
election
88
Term of Office of members of the Council
of States
Sec 154:
Commencement of the term of office of
members of the Council of States
Sec 155
Term of Office of members of the State
legislative Councils
Sec 156
Commencement of the term of office of
members of the State Legislative Councils
Sec 157
89
To be done as soon as the results of the
election are declared, in case of death as soon
as the publication of list
Sec 158: Return or
forfeiture of candidates
deposit
On request of Regional Commissioner /CEO of
the state for RO
Authorities: Local Authority ,University under
Central, Provincial Act, Govt. Company
Sec 159: Staff of certain
authorities to be made
available for election
work
By State Government order in writing for
requisition to be used until the completion of
the poll
Sec 160: Requisitioning
of premises, vehicles,
etc. for election
purposes
90
Compensation amount for Requisition of
premises/vehicle etc to the person(owner)
Sec 161: Payment of
compensation
From owner of the property ,information
related to the possessed property
Sec 162: Power to
obtain information
Person Authorized by the State Government
Sec 163: Power of
entry into and
inspection of premises
etc.
91
Any person remaining in possession of any
requisitioned premises in contravention of
any order made by the Govt. through an
Officer
Sec 164: Eviction from
requisitioned premises
By delivering the possession to the owner
Sec 165: Release of
premises from requisition
Notification in the Official Gazette direct the
exercise of powers of the State Government
by the specified officers
Sec 166: Delegation of
functions of the State
Govt. with regard to
requisitioning
Imprisonment upto 1 year /fine /both
contravention of any
order regarding
requisitioning
92
PART XI: General
Central Govt. after consulting with the
Election Commission by notification in the
Official Gazette make rules for carrying out
the purposes of this Act
Sec 169
No civil court shall have jurisdiction to
question the legality of any action by the
RO /person appointed under this Act in
connection with election
Sec 170: Jurisdiction
of civil courts barred
93

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