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Act43
Enacted 1951

The Representation of the People Act, 1951

In force 205 sections Law and Justice

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 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.

Act 43 of 1951 Enacted 17 Jul 1951 In force 17 Jul 1951 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1951

Preamble

THE REPRESENTATION OF THE PEOPLE ACT, 1951

ACT NO. 43 OF 1951

[17th July, 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 1*** 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.

BE it enacted by Parliament as follows:--

What this Act covers

Summary of Representation of the People Act, 1951

Summary

Purpose

• To provide for the conduct of elections to the Houses of Parliament and the House(s) of the Legislature of each State.

• To outline qualifications and disqualifications for membership in these Houses.

• To define corrupt practices and other election-related offenses.

• To establish the process for resolving election-related doubts and disputes.

Key Components

1. Structure: - Part I: Preliminary - Short title, Interpretation.

• Part II: Qualifications and Disqualifications - For Parliament, State Legislatures, and Voting.

• Part III: Notification of General Elections.

• Other Sections (referenced): Power to make rules, Jurisdiction of civil courts barred.

2. Qualifications and Disqualifications: - Qualifications for Membership:

• Parliament (Council of States, House of the People).

• State Legislatures (Legislative Assembly, Legislative Council).

• Disqualifications:

• For Membership of Parliament and State Legislatures (e.g., conviction for certain offenses, corrupt practices, government contracts).

• For Voting (conviction, corrupt practices).

3. Corrupt Practices: - Defined in Section 123 (context not fully provided, but mentioned in interpretations).

• Includes propagation or glorification of "sati" as a corrupt practice (as per the amendment in a1958_03.pdf).

4. Election-Related:

• Notification for Elections (e.g., biennial election to the Council of States).

• Amendments (referenced in other documents) to provide for disqualification periods post-conviction and for glorification of "sati" as a corrupt practice.

Limitations of the Summary

• The provided context is fragmented across multiple files, focusing more on amendments and related acts rather than the entirety of the RAPI, 1951.

• Key sections (e.g., detailed corrupt practices in Section 123, full scope of Part III) are not fully contextualized.

Amendments and Related Acts Referenced

• Representation of the People (Amendment) Act, 1966.

• Representation of the People (Miscellaneous Provisions) Act, 1956.

• Impacts from The Delimitation Act, 2002, and others, indicating the Act's evolution over time.

Sections

Type to filter. 205 sections.

  1. 1Short title
  2. 2Interpretation
  3. 3Qualification for membership of the Council of States
  4. 4Qualifications for membership of the House of the People
  5. 5Qualifications for membership of a Legislative Assembly
  6. 5AQualifications for membership of Legislative Assembly of Sikkim
  7. 6Qualifications for membership of a Legislative Council
  8. 7Definitions
  9. 8Disqualification on conviction for certain offences
  10. 8ADisqualification on ground of corrupt practices
  11. 9Disqualification for dismissal for corruption or disloyalty
  12. 9ADisqualification for Government contracts, etc
  13. 10Disqualification for office under Government company
  14. 10ADisqualification for failure to lodge account of election expenses
  15. 11Removal or reduction of period of disqualification
  16. 11ADisqualification arising out of conviction and corrupt practices
  17. 11BRemoval of disqualifications
  18. 12Notification for biennial election to the Council of States
  19. 12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States
  20. 13[Omitted.]
  21. 14Notification for general election to the House of the People
  22. 14ANotification for electing the representative of the State of Sikkim to the existing House of the people
  23. 15Notification for general election to a State Legislative Assembly
  24. 15ANotification for certain elections to Legislative Councils
  25. 16Notification for biennial election to a State Legislative Council
  26. 19Definition
  27. 19ADelegation of functions of Election Commission
  28. 20General duties of chief electoral officers
  29. 20AGeneral duties of district election officer
  30. 20BObservers
  31. 21Returning officers
  32. 22Assistant returning officers
  33. 23Returning officer to include assistant returning officers performing the functions of the returning officer
  34. 24General duty of the returning officer
  35. 25Provision of polling stations for constituencies
  36. 26Appointment of presiding officers for polling stations
  37. 27General duty of the presiding officer
  38. 28Duties of a polling officer
  39. 28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission
  40. 29Special provisions in the case of certain elections
  41. 29ARegistration with the Election Commission of associations and bodies as political parties
  42. 29BPolitical parties entitled to accept contribution
  43. 29CDeclaration of donation received by the political parties
  44. 30Appointment of dates for nominations, etc
  45. 31Public notice of election
  46. 32Nomination of candidates for election
  47. 33Presentation of nomination paper and requirement for a valid nomination
  48. 33ARight to information
  49. 33BCandidate to furnish information only under the Act and the rules
  50. 34Deposits
  51. 35Notice of nominations and the time and place for their scrutiny
  52. 36Scrutiny of nominations
  53. 37Withdrawal of candidature
  54. 38Publication of list of contesting candidates
  55. 39Nomination of candidates at other elections
  56. 39AAllocation of equitable sharing of time
  57. 40Election agents
  58. 41Disqualification for being an election agent
  59. 42Revocation of the appointment, or death, of an election agent
  60. 43[Omitted.]
  61. 44[Omitted.]
  62. 45Functions of election agents
  63. 46Appointment of polling agents
  64. 47Appointment of counting agents
  65. 48Revocation of the appointment, or death of a polling agent or counting agent
  66. 49Functions of polling agents and counting agents
  67. 50Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
  68. 51Non-attendance of polling or counting agents
  69. 52Death of candidate of recognised Political Party before Poll
  70. 53Procedure in contested and uncontested elections
  71. 54[Omitted.]
  72. 55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
  73. 55A[Omitted.]
  74. 56Fixing time for poll
  75. 57Adjournment of poll in emergencies
  76. 58Fresh poll in the case of destruction, etc., of ballot boxes
  77. 58AAdjournment of poll or countermanding of election on the ground of booth capturing
  78. 59Manner of voting at elections
  79. 60Special procedure for voting by certain classes of persons
  80. 61Special procedure for preventing personation of electors
  81. 61AVoting machines at elections
  82. 62Right to vote
  83. 63[Omitted.]
  84. 64Counting of votes
  85. 64ADestruction, loss, etc., of ballot papers at the time of counting
  86. 65Equality of votes
  87. 66Declaration of results
  88. 67Report of the result
  89. 67ADate of election of candidate
  90. 68Vacation of seats when elected to both Houses of Parliament
  91. 69Vacation of seats by persons already members of one House on election to other House of Parliament
  92. 70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
  93. 71Publication of results of elections to the Council of States and of names of persons nominated by the President
  94. 72[Omitted.]
  95. 73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto
  96. 73ASpecial provisions as to certain elections
  97. 74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
  98. 75ADeclaration of assets and liabilities
  99. 76Application of Chapter
  100. 77Account of election expenses and maximum thereof
  101. 78Lodging of account with the district election officer
  102. 78AFree supply of copies of electoral rolls
  103. 78BSupply of certain items to candidates, etc
  104. 79Definitions
  105. 80Election petitions
  106. 80AHigh Court to try election petitions
  107. 81Presentation of petitions
  108. 82Parties to the petition
  109. 83Contents of petition
  110. 84Relief that may be claimed by the petitioner
  111. 85[Omitted.]
  112. 86Trial of election petitions
  113. 87Procedure before the High Court
  114. 93Documentary evidence
  115. 94Secrecy of voting not to be infringed
  116. 95Answering of criminating questions and certificate of indemnity
  117. 96Expenses of witnesses
  118. 97Recrimination when seat claimed
  119. 98Decision of the High Court
  120. 99Other orders to be made by the High Court
  121. 100Grounds for declaring election to be void
  122. 101Grounds for which a candidate other than the returned candidate may be declared to have been elected
  123. 102Procedure in case of an equality of votes
  124. 103Communication of orders of the High Court
  125. 104[Omitted.]
  126. 105[Omitted.]
  127. 106Transmission of order to the appropriate authority, etc., and its publication
  128. 107Effect of orders of the High Court
  129. 108[Omitted.]
  130. 109Withdrawal of election petitions
  131. 110Procedure for withdrawal of election petitions
  132. 111Report of withdrawal by the High Court to the Election Commission
  133. 112Abatement of election petitions
  134. 116Abatement or substitution on death of respondent
  135. 116AAppeals to Supreme Court
  136. 116BStay of operation of order of High Court
  137. 116CProcedure in appeal
  138. 117Security for costs
  139. 118Security for costs from a respondent
  140. 119Costs
  141. 121Payment of costs out of security deposits and return of such deposits
  142. 122Execution of orders as to costs
  143. 123Corrupt practices
  144. 125Promoting enmity between classes in connection with election
  145. 125APenalty for filing false affidavit, etc
  146. 126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
  147. 126ARestriction on publication and dissemination of result of exit polls, etc
  148. 126BOffences by companies
  149. 127Disturbances at election meetings
  150. 127ARestrictions on the printing of pamphlets, posters, etc
  151. 128Maintenance of Secrecy of voting
  152. 129Officers, etc., at elections not to act for candidates or to influence voting
  153. 130Prohibition of canvassing in or near polling stations
  154. 131Penalty for disorderly conduct in or near polling stations
  155. 132Penalty for misconduct at the polling station
  156. 132APenalty for failure to observe procedure for voting
  157. 133Penalty for illegal hiring or procuring of conveyance at elections
  158. 134Breaches of official duty in connection with elections
  159. 134APenalty for Government servants for acting as election agent, polling agent or counting agent
  160. 134BProhibition of going armed to or near a polling station
  161. 135Removal of ballot papers from polling station to be an offence
  162. 135AOffence of booth capturing
  163. 135BGrant of paid holiday to employees on the day of poll
  164. 135CLiquor not to be sold, given or distributed on polling day
  165. 136Other offences and penalties therefor
  166. 137Omitted
  167. 138Repealed
  168. 139Omitted
  169. 140Omitted
  170. 140AOmitted
  171. 141Omitted
  172. 142Omitted
  173. 143Omitted
  174. 144Omitted
  175. 145Omitted
  176. 146Powers of Election Commission
  177. 146AStatements made by persons to the Election Commission
  178. 146BProcedure to be followed by the Election Commission
  179. 146CProtection of action taken in good faith
  180. 147Casual vacancies in the Council of States
  181. 148Omitted
  182. 149Casual vacancies in the House of the People
  183. 150Casual vacancies in the State Legislative Assemblies
  184. 151Casual vacancies in the State Legislative Councils
  185. 151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151
  186. 152List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned
  187. 153Extension of time for completion of election
  188. 154Term of office of members of the Council of States
  189. 155Commencement of the term of office of members of the Council of States
  190. 156Term of office of members of State Legislative Councils
  191. 157Commencement of the term of office of members of the Legislative Councils
  192. 158Return or forfeiture of candidate’s deposit
  193. 159Staff or certain authorities to be made available for election work
  194. 160Requisitioning of premises, vehicles, etc., for election purposes
  195. 161Payment of compensation
  196. 162Power to obtain information
  197. 163Powers of entry into and inspection of premises, etc
  198. 164Eviction from requisitioned premises
  199. 165Release of premises from requisition
  200. 166Delegation of functions of the State Government with regard to requisitioning
  201. 167Penalty for contravention of any order regarding requisitioning
  202. 168Omitted
  203. 169Power to make rules
  204. 170Jurisdiction of civil courts barred
  205. 171Repealed

Rules made under this Act

9 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Conduct of Elections (Amendment) Rules, 20222022
  • The Conduct of Elections (Second Amendment) Rules, 20222022
  • The Election Laws (Amendment) Act, 20212022
  • The Conduct of Elections (Amendment) Rules, 20202020
  • The Conduct of Elections (Amendment) Rules, 20192019
  • The Conduct of Assembly Elections (Sikkim) Rules, 19791979
  • The Conduct of Parliamentary Elections (Sikkim) Rules, 19771977
  • The Election Symbols (Reservation and Allotment) Order, 19681968
  • The Conduct Of Election Rules,19611961

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 205 sections of this Act has its own page. This page is not a substitute for legal advice.