eCourtsIndia
IndiaCode Laws
Section32
The Representation of the People Act, 1951

Nomination of candidates for election

In force From 17 Jul 1951 Act 43 of 1951 As on 14 Oct 2026

Act 43 of 1951 Ministry Law and Justice Enacted 17 Jul 1951 In force 17 Jul 1951

Section 32 of the Representation of the People Act, 1951 deals with nomination of candidates for election. Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act [or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.] The Act came into force on 17 Jul 1951.

Any person may be nominated as a candidate for election to fill a seat 1*** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 2*** 3[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]

Section 32, The Representation of the People Act, 1951 (Act 43 of 1951).

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.

  1. Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil

    Supreme Court of India 15 May 2009 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    Improper rejection of a nomination paper under Section 100(1)(c) of the Representation of the People Act, 1951 encompasses not merely errors in the decision-making process of the Returning Officer but also the correctness and merit of the decision itself. The Returning Officer, while exercising quasi-judicial power under Section 36(2) of the Act, must apply the statutory presumption of validity of nomination papers contained in the Election Commission Handbook, placing the burden on the objector to prove invalidity. The Returning Officer cannot shift this burden to the candidate. In an election petition, the High Court acts as a court of original jurisdiction conducting a civil trial, not as an appellate court merely reviewing the decision-making process. The High Court must frame issues, call for evidence from both parties, examine the veracity of rival claims, and decide the matter on merits. A statutory right of a party cannot be denied based on a wrong concession made by counsel.

    On this section: Qualification of person for nomination as candidate

    Read the full order on eCourts India

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.

Questions about Section 32

What have the courts held on Section 32 of the Representation of the People Act?

Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009) is the leading judgment on this section among those set out below: Qualification of person for nomination as candidate.

How do I find court cases under Section 32 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 32, section 32 RP Act 1951, section 32 of the Representation of the People Act. People searching for it also type representation of people act 1950 section 32. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009).

When did Section 32 of the Representation of the People Act come into force?

Section 32 of the Representation of the People Act, cited as RP Act 1951 32, 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

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 14 Oct 2026. This page is not a substitute for legal advice.