Power to make rules
Section 169 of the Representation of the People Act, 1951 deals with power to make rules. The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1for carrying out the purposes of this Act. The Act came into force on 17 Jul 1951.
(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1for carrying out the purposes 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:--
2[(a) the form of affidavit under sub-section (2) of section 33A;]
3[(aa)] the duties of presiding officers and polling officers at polling stations;
4[(aaa) the form of contribution report;]
(b) the checking of voters by reference to the electoral roll;
4[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;]
(c) the manner in which votes are to be given both generally 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 vole;
(e) the procedure to be followed in respect of the lender of vote by a person representing himself to be an elector after another person has voted as such elector;
5[(ee) the manner of giving and recording of voles by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;]
(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;
5[(gg) the procedure as to counting of votes recorded by means of voting machines;]
(h) the safe custody of 6[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;
7[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;]
(i) any other matter required to be prescribed by this Act.
8[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 9[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule.]
Section 169, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ajay Arun Singh vs Sharadendu Tiwari
Court's Decision & Legal Precedent
In election petitions challenging elections on grounds of corrupt practices, the requirement of Section 83(1) proviso can be satisfied by a single composite affidavit that covers both the verification requirements under CPC Order VI Rule 15(4) and the corrupt practice allegations, provided such affidavit is filed with the petition on the date of presentation in substantial compliance with Form 25. The question whether an affidavit was filed with the petition on the date of presentation is a pure question of fact that must be directly and substantially in issue in the proceeding for the doctrine of res judicata to apply. The failure of the Registrar to affix his signature on an affidavit does not constitute proof that the affidavit was not filed with the petition, as the act or omission of the Court shall not prejudice the rights of any party. Substantial compliance with the prescribed format of the affidavit is sufficient; absolute compliance is not necessary.
On this section: Power to frame rules for conduct of elections and election petitions
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Ajay Arun Singh vs Sharadendu Tiwari
Court's Decision & Legal Precedent
Where an election petition is filed challenging an election on grounds of corrupt practice, the requirements of verification under Order VI Rule 15(4) of CPC and the requirement of an affidavit in Form 25 under proviso to Section 83(1) of the Representation of the People Act, 1951, can be satisfied by a single composite affidavit. Substantial compliance with statutory form requirements is sufficient; absolute compliance with prescribed format is not necessary. A defect in affidavit format is curable and does not render the election petition defective in limine. The absence of Registrar's signature on affidavit pages due to Registrar's omission does not create a rebuttable presumption that the affidavit was not filed with the original petition, as the court's act or omission shall not prejudice a party's rights. Questions of fact that were never in issue and not directly examined in earlier proceedings are not barred from being relitigated by principles of res judicata or estoppel. High Court Rules framed under Article 225 cannot override or curtail statutory provisions regarding jurisdiction of election petitions under Section 80A of the Representation of the People Act, 1951.
On this section: Parliament empowered Government to make Conduct of Elections and Election Petitions Rules under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 169
What have the courts held on Section 169 of the Representation of the People Act?
Ajay Arun Singh vs Sharadendu Tiwari (15 Mar 2016) is the leading judgment on this section among those set out below: Power to frame rules for conduct of elections and election petitions. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 169 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 169, section 169 RP Act 1951, section 169 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ajay Arun Singh vs Sharadendu Tiwari (15 Mar 2016).
What should I read with Section 169 of the Representation of the People Act, and has it changed?
Its own text turns on section 33A (Right to information), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently The Conduct of Elections (Amendment) Rules, 2022 (2022), then The Conduct of Assembly Elections (Sikkim) Rules, 1979 (1979), and 1 more.
When did Section 169 of the Representation of the People Act come into force?
Section 169 of the Representation of the People Act, cited as RP Act 1951 169, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
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. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.