Publication of list of contesting candidates
Section 38 of the Representation of the People Act, 1951 deals with publication of list of contesting candidates. Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the The Act came into force on 17 Jul 1951.
1[38. Publication of list of contesting candidates.--(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period.
2[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:--
(i) candidates of recognised political parties;
(ii) candidates of registered political parties other than those mentioned in clause (i);
(iii) other candidates.
(3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].]
Section 38, 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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Mr. Avinash Desai, learned Senior Counsel representing Mr. Mohammed Omer Farooq, learned counsel, appears on advance notice for the respondent No.2. 2. Heard on the question of admission. 3. In this writ petition, the petitioner has assailed the validity of Section 38(2) of the Representation of the People Act, 1951 (hereinafter referred to as, "the Act"), as well as Rule 5.7.1 of the Handbook for Candidate issued by the Election Commission of India (hereinafter referred to as, "the Handbook"). 4. Facts giving rise to filing of this writ petition briefly stated are that the …
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… List of contesting candidates in Form-7A notified by the Returning Officer of 141-Laxmipur (ST) Assembly Constituency under Sub-Rule (1) of Rule-10 of the Conduct of Elections Rules, 1961 read with Sub-Section (1) of Section 38 of the Representation of the People Act, 1951 with respect to last General Assembly Election, 2019. - 17. List of EVMs disclosing Control Units (CU) numbers and Balloting Units (BU) numbers and VVPATs numbers after second randomization of EVMs and VVPATs allocated to respective 223 numbers of Polling Stations of …
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… What is observed and discussed as above is supported by a decision of the Supreme Court in the case of Jitu Patnaik vs. Sanatan Mohakud, reported in (2012) 4 SCC 194. In paragraph 25 of the report, Justice R.M.Lodha (as His Lordship then was), while examining Section 38 of the Representation of the People Act, 1951, has observed as follows: "25. There is no doubt that only living persons can offer themselves or be offered as candidates for membership of Parliament or State Legislatures. However, once nomination has been filed by a candidate and on scrutiny his candidature is …
Questions about Section 38
What does Section 38 of the Representation of the People Act deal with?
Section 38 of the Representation of the People Act is headed "Publication of list of contesting candidates". [38. Publication of list of contesting candidates.--(1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candida
How do I find court cases under Section 38 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 38, section 38 RP Act 1951, section 38 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.
What should I read with Section 38 of the Representation of the People Act, and has it changed?
Its own text turns on section 37 (Withdrawal of candidature), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 38 of the Representation of the People Act come into force?
Section 38 of the Representation of the People Act, cited as RP Act 1951 38, 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.