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The Representation of the People Act, 1951
Section 1

The Representation of the People Act, 1951

Preliminary

Section 1Short title

Read in the full Act

Section 1: Short title

Contents

Preamble
Preliminary
1Short title
2Interpretation
Chapter I — .—Qualifications for Membership of Parliament
3Qualification for membership of the Council of States
4Qualifications for membership of the House of the People
Chapter II — .—Qualifications for Membership of State Legislatures
5Qualifications for membership of a Legislative Assembly
5AQualifications for membership of Legislative Assembly of Sikkim
6Qualifications for membership of a Legislative Council
Chapter III — .—Disqualifications for Membership of Parliament and State Legislatures
7Definitions
8Disqualification on conviction for certain offences
8ADisqualification on ground of corrupt practices
9Disqualification for dismissal for corruption or disloyalty
9ADisqualification for Government contracts, etc
10Disqualification for office under Government company
10ADisqualification for failure to lodge account of election expenses
11Removal or reduction of period of disqualification
Chapter IV — .—Disqualifications for voting
11ADisqualification arising out of conviction and corrupt practices
11BRemoval of disqualifications
12Notification for biennial election to the Council of States
12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States
13[Omitted.]
14Notification for general election to the House of the People
14ANotification for electing the representative of the State of Sikkim to the existing House of the people
15Notification for general election to a State Legislative Assembly
15ANotification for certain elections to Legislative Councils
16Notification for biennial election to a State Legislative Council
19Definition
19ADelegation of functions of Election Commission
20General duties of chief electoral officers
20AGeneral duties of district election officer
20BObservers
21Returning officers
22Assistant returning officers
23Returning officer to include assistant returning officers performing the functions of the returning officer
24General duty of the returning officer
25Provision of polling stations for constituencies
26Appointment of presiding officers for polling stations
27General duty of the presiding officer
28Duties of a polling officer
28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission
29Special provisions in the case of certain elections
29ARegistration with the Election Commission of associations and bodies as political parties
29BPolitical parties entitled to accept contribution
29CDeclaration of donation received by the political parties
Chapter I — .—Nomination of Candidates
30Appointment of dates for nominations, etc
31Public notice of election
32Nomination of candidates for election
33Presentation of nomination paper and requirement for a valid nomination
33ARight to information
33BCandidate to furnish information only under the Act and the rules
34Deposits
35Notice of nominations and the time and place for their scrutiny
36Scrutiny of nominations
37Withdrawal of candidature
38Publication of list of contesting candidates
39Nomination of candidates at other elections
39AAllocation of equitable sharing of time
Chapter II — .—Candidates and their Agents
40Election agents
41Disqualification for being an election agent
42Revocation of the appointment, or death, of an election agent
43[Omitted.]
44[Omitted.]
45Functions of election agents
46Appointment of polling agents
47Appointment of counting agents
48Revocation of the appointment, or death of a polling agent or counting agent
49Functions of polling agents and counting agents
50Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
51Non-attendance of polling or counting agents
Chapter III — .—General Procedure at Elections
52Death of candidate of recognised Political Party before Poll
53Procedure in contested and uncontested elections
54[Omitted.]
55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
55A[Omitted.]
Chapter IV — .—The Poll
56Fixing time for poll
57Adjournment of poll in emergencies
58Fresh poll in the case of destruction, etc., of ballot boxes
58AAdjournment of poll or countermanding of election on the ground of booth capturing
59Manner of voting at elections
60Special procedure for voting by certain classes of persons
61Special procedure for preventing personation of electors
61AVoting machines at elections
62Right to vote
63[Omitted.]
Chapter V — .—Counting of Votes
64Counting of votes
64ADestruction, loss, etc., of ballot papers at the time of counting
65Equality of votes
66Declaration of results
67Report of the result
67ADate of election of candidate
Chapter VI — .—Multiple Elections
68Vacation of seats when elected to both Houses of Parliament
69Vacation of seats by persons already members of one House on election to other House of Parliament
70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
Chapter VII — .—Publication of Election Results and Nominations
71Publication of results of elections to the Council of States and of names of persons nominated by the President
72[Omitted.]
73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto
73ASpecial provisions as to certain elections
74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
75ADeclaration of assets and liabilities
Chapter VIII — .—Election Expenses
76Application of Chapter
77Account of election expenses and maximum thereof
78Lodging of account with the district election officer
78AFree supply of copies of electoral rolls
78BSupply of certain items to candidates, etc
Chapter I — .—Interpretation
79Definitions
Chapter II — .—Presentation of Election Petitions to High Court.
80Election petitions
80AHigh Court to try election petitions
81Presentation of petitions
82Parties to the petition
83Contents of petition
84Relief that may be claimed by the petitioner
85[Omitted.]
Chapter III — .—Trial of Election Petitions
86Trial of election petitions
87Procedure before the High Court
93Documentary evidence
94Secrecy of voting not to be infringed
95Answering of criminating questions and certificate of indemnity
96Expenses of witnesses
97Recrimination when seat claimed
98Decision of the High Court
99Other orders to be made by the High Court
100Grounds for declaring election to be void
101Grounds for which a candidate other than the returned candidate may be declared to have been elected
102Procedure in case of an equality of votes
103Communication of orders of the High Court
104[Omitted.]
105[Omitted.]
106Transmission of order to the appropriate authority, etc., and its publication
107Effect of orders of the High Court
Chapter IV — .—Withdrawal and Abatement of Election Petitions
108[Omitted.]
109Withdrawal of election petitions
110Procedure for withdrawal of election petitions
111Report of withdrawal by the High Court to the Election Commission
112Abatement of election petitions
116Abatement or substitution on death of respondent
116AAppeals to Supreme Court
116BStay of operation of order of High Court
116CProcedure in appeal
Chapter V — .—Costs and Security for Costs
117Security for costs
118Security for costs from a respondent
119Costs
121Payment of costs out of security deposits and return of such deposits
122Execution of orders as to costs
Chapter I — .—Corrupt Practices
123Corrupt practices
Chapter III — .—Electoral Offences
125Promoting enmity between classes in connection with election
125APenalty for filing false affidavit, etc
Chapter III — .—Electoral Offences
126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
126ARestriction on publication and dissemination of result of exit polls, etc
126BOffences by companies
127Disturbances at election meetings
127ARestrictions on the printing of pamphlets, posters, etc
128Maintenance of Secrecy of voting
129Officers, etc., at elections not to act for candidates or to influence voting
130Prohibition of canvassing in or near polling stations
131Penalty for disorderly conduct in or near polling stations
132Penalty for misconduct at the polling station
132APenalty for failure to observe procedure for voting
133Penalty for illegal hiring or procuring of conveyance at elections
134Breaches of official duty in connection with elections
134APenalty for Government servants for acting as election agent, polling agent or counting agent
134BProhibition of going armed to or near a polling station
135Removal of ballot papers from polling station to be an offence
135AOffence of booth capturing
135BGrant of paid holiday to employees on the day of poll
135CLiquor not to be sold, given or distributed on polling day
136Other offences and penalties therefor
137Omitted
138Repealed
139Omitted
140Omitted
140AOmitted
141Omitted
142Omitted
143Omitted
144Omitted
145Omitted
Chapter IV — .—Powers of Election Commission in connection with inquiries as to disqualifications of Members
146Powers of Election Commission
146AStatements made by persons to the Election Commission
146BProcedure to be followed by the Election Commission
146CProtection of action taken in good faith
147Casual vacancies in the Council of States
148Omitted
149Casual vacancies in the House of the People
150Casual vacancies in the State Legislative Assemblies
151Casual vacancies in the State Legislative Councils
151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151
152List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned
153Extension of time for completion of election
154Term of office of members of the Council of States
155Commencement of the term of office of members of the Council of States
156Term of office of members of State Legislative Councils
157Commencement of the term of office of members of the Legislative Councils
158Return or forfeiture of candidate’s deposit
159Staff or certain authorities to be made available for election work
160Requisitioning of premises, vehicles, etc., for election purposes
161Payment of compensation
162Power to obtain information
163Powers of entry into and inspection of premises, etc
164Eviction from requisitioned premises
165Release of premises from requisition
166Delegation of functions of the State Government with regard to requisitioning
167Penalty for contravention of any order regarding requisitioning
168Omitted
169Power to make rules
170Jurisdiction of civil courts barred
171Repealed
Rules and regulations
Made under this Act
Commentary
Background and purpose
What it covers
Legislative history
Structure
Related laws
Sources

1. Short title

This Act may be called the Representation of the People Act, 1951.

Next section 2. Interpretation

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Last updated 30 October 2026

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