Procedure in contested and uncontested elections
Section 53 of the Representation of the People Act, 1951 deals with procedure in contested and uncontested elections. If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.] (2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. The Act came into force on 17 Jul 1951.
1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]
(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3*** as the case may be, to elect a person or persons to fill the remaining seat or seats 4***:
Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 3*** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the 2[Election Commission] shall not be bound to call again upon the consituency, or such members to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].
Section 53, 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.
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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Youaraj Rai vs Chander Bahadur Karki
Court's Decision & Legal Precedent
In an election to a Legislative Assembly (single-member constituencies), the limitation period of 45 days prescribed under Section 81 of the Representation of the People Act, 1951 for filing an election petition commences from the date on which the returned candidate is declared elected by the Returning Officer under Section 53 (for uncontested elections) or Section 66 (for contested elections), not from the date of publication of overall election results under Section 73. The term 'election' in Section 81 refers to the election in a particular constituency, not the entirety of elections held in the State. The second part of Section 81 (relating to multiple returned candidates with different election dates) applies only to Legislative Council and Council of States elections, not to Legislative Assembly elections.
On this section: Procedure in contested and uncontested elections; provides that if number of candidates equals number of seats, Returning Officer shall forthwith declare all such candidates duly elected
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 53
What have the courts held on Section 53 of the Representation of the People Act?
Youaraj Rai vs Chander Bahadur Karki (15 Dec 2006) is the leading judgment on this section among those set out below: Procedure in contested and uncontested elections; provides that if number of candidates equals number of seats, Returning Officer shall forthwith declare all such candidates duly elected.
How do I find court cases under Section 53 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 53, section 53 RP Act 1951, section 53 of the Representation of the People Act. People searching for it also type section 53 2 of the representation of the people act 1951. 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 Youaraj Rai vs Chander Bahadur Karki (15 Dec 2006).
What should I read with Section 53 of the Representation of the People Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 53 of the Representation of the People Act come into force?
Section 53 of the Representation of the People Act, cited as RP Act 1951 53, 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.