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Section73
The Representation of the People Act, 1951

Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto

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

Act 43 of 1951 Ministry Law and Justice Enacted 17 Jul 1951 In force 17 Jul 1951 Cited by 10 provisions

Section 73 of the Representation of the People Act, 1951 deals with publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto. Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by [the Election Commission] in the Official Gazette, as soon as may be after [the results of the elections in all the constituencies] [other than t The Act came into force on 17 Jul 1951.

Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 1 [the Election Commission] in the Official Gazette, as soon as may be after 2[the results of the elections in all the constituencies] [other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 3 *** and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted:—

Provided that the issue of such notification shall not be deemed—

4[(a) to preclude—

(i) the taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30; or

(ii) the completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the provisions of section 153; or]

(b) to affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notification.

Section 73, 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

  1. s. 30 Appointment of dates for nominations, etc
  2. s. 53 Procedure in contested and uncontested elections
  3. s. 66 Declaration of results
  4. s. 153 Extension of time for completion of election

Referred to by 10

  1. Andhra Pradesh State Legislature (Vacation of Seat on Simultaneous Membership) Act s. 3
  2. Arunachal Pradesh Salary, Allowances and Pension of Members of the Legislative Assembly Act, 1983 as Amended s. 2
  3. Bombay Prohibition of Simultaneous Membership Act s. 3 Vacation of seats by persons already members of one House on election to other House of State Legislature
  4. Member of Legislative Assembly of the National Capital Territory of Delhi (Salaries, Allowances, Pension etc.) Act s. 2 Definitions
  5. Odisha Legislative Assembly Members' Salary, Allowances and Pension Act s. 7 Power to make rules
  6. s. 73A Special provisions as to certain elections
  7. Salary, Allowances and Pension of Members of the Legislative Assembly (Puducherry) Act s. 2 Definitions
  8. Salary, Allowances and Pension of Members of Parliament Act s. 4 Travelling allowances
  9. Salary, Allowances and Pension of Members of Parliament Act s. 8 Constituency allowance and amenities
  10. Telangana State Legislature (Vacation of Seat on Simultaneous Membership) Act s. 5

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. Youaraj Rai vs Chander Bahadur Karki

    Supreme Court of India 15 Dec 2006 Binding (SC)

    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: Election Commission to issue notification after declaration of result of elections in all constituencies upon which the House is deemed to have been duly constituted; appellants argued this date should commence limitation period

    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.

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.

  1. Supreme Court of India 18 Dec 2020 SCIN010028972020

    … This question arose under peculiar circumstances. The elections to the Legislative Assembly of the State <span id="page-25-0"></span><sup>16</sup> (1984) 2 SCC 404 of Uttar Pradesh were held in May, 1980 and the notification containing the names of elected members was issued on 09.06.1980 under Section 73 of the Representation of the People Act, 1951. The elected members were notified that they could take oath as required by Article 188 at the Session of the Assembly summoned to meet on 27.06.1980. But in the meantime, election for filling up a vacancy in the Rajya Sabha was notified on 17.06.1980. Therefore, the …

    Read this order on eCourtsIndia

  2. Supreme Court of India 24 Apr 2018 SCIN010370242017

    … Approving the law laid down in Bhupindra Nath Basu this Court held that as long as the name of the elected member appears in the notification published under the provisions of Section 73 of the Representation of the People Act, 1951 that member can take part in all 'non-legislative activities' of an elected member. Reference was made to Article 188 of the Constitution which provides that every member of the Legislative Assembly shall, before taking his <span id="page-12-0"></span>S.L.P. (C) No. …

    Read this order on eCourtsIndia

Questions about Section 73

What have the courts held on Section 73 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: Election Commission to issue notification after declaration of result of elections in all constituencies upon which the House is deemed to have been duly constituted; appellants argued this date should commence limitation period.

How do I find court cases under Section 73 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 73, section 73 RP Act 1951, section 73 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. 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 73 of the Representation of the People Act, and has it changed?

Its own text turns on section 30 (Appointment of dates for nominations, etc), section 53 (Procedure in contested and uncontested elections), section 66 (Declaration of results), section 153 (Extension of time for completion of election), so none of them can safely be read on its own. 10 other provisions in this corpus refer back to it.

When did Section 73 of the Representation of the People Act come into force?

Section 73 of the Representation of the People Act, cited as RP Act 1951 73, 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 17 Oct 2026. This page is not a substitute for legal advice.