1[30. Appointment of dates for nominations, etc. -
As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint-
(a) the last date for making nominations, which shall be the2[seventh day] after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be3[the day immediately following] the last date for making nominations or, if that day is public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidatures, which shall be4[the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the5[fourteenth day] after the last date for the withdrawal of candidatures; and
(e) the date before which the election shall be completed.
6[***]
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1. Substituted by Act 27 of 1956, Section 14, for section 30.
2. Substituted by Act 40 of 1961, Section 7, for "tenth day" w.e.f. 20-9-1961.
3. Substituted by Act 47 of 1961, Section 27, for "the second day after" w,e,f, 14-12-1966.
4. Substituted by Act 47 of 1966, Section 27 for "the third day" w.e.f. 14-12-1966.
5. Substituted by Act 21 of 1996, Section 5 w.e.f. 1-8-1996.
6. Explanation omitted by Act 47 of 1966, Section 27 w.e.f. 14-12-1966.
Section 31 - Public notice of election
On the issue of a notification under section 30, the returning officer1[***] shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
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1. The words "for the constituency" omitted by Act 47 of 1966, Section 28 w.e.f. 14-12-1966.
Section 32 - Nomination of candidates for election
Any person may be nominated as a candidate for election to fill a seat1 [***]if he is qualified to be chosen to fill that seat under the provisions ofConstitution and this Act 2 [***] 3 [or under theprovisions of the Government of Union Territories Act, 1963 (20 of 1963), as thecase may be].
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1.The words "in any constituency" omittedby Act 27 of 1956, Section 15.
2.Certain words Inserted by Act 27 of 1956,Section 15 and omitted by the Adaptation of Laws (No.2
3.Inserted by Act 20 of 1963, Section 57 andSecond Schedule
Section 33 - Presentation of nomination paper and requirements for a valid nomination
1[33. Presentation of nomination paper and requirements for a valid nomination. -
( 1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:
2[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency:
Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday:
Provided also that in the case a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to "an elector of the constituency as proposer" shall be construed as a reference to ten per cent of the electors of the constituency or ten such electors, whichever is less, as proposers.]
3[(1A) Notwithstanding anything contained in sub-section (1), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State only constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed:
Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and--
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders;
(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders;
(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer:
Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.]
(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State.
(3) Where the candidate is a person who, having held any office referred to in4[section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.
(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls:
5[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.]
(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny.
6[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.]
7[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election. -
(a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies;
(b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State;
(c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State;
(d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats;
(e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies;
(f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies;
(g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats;
(h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies.
Explanation. -For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.]
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1. Substituted By Act 27 of 1956, Section 16, for section 3
2. Substituted by Act 21 of 1996, Section 6 w.e.f. 1-8-1975.
3. Inserted by Act 10 of 1976, Section 2 and Schedule w.e.f. 9-9-1975.
4. Substituted by Act 38 of 1978, Section 3 and the Second Schedule, for "Clause (f) of section 7".
5. Substituted by Act 47 of 1966, Section 29, for the proviso w.e.f. 14-12-1966.
6. Substituted by Act 40 of 1961, Section 8, for sub-section (6) w.e.f. 20-9-1961.
7. Inserted by Act 21 of 1996, Section 6 w.e.f. 1-8-1996.
Section 33A - Right to information
1[33A . Right to information.--
(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) of section 33, also furnish the information as to whether--
(i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction;
(ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.
(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1).
(3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.]
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1. Inserted by The Representation Of The People (Third Amendment) Act, 2002 (72 Of 2002)
Section 33B - Candidate to furnish information only under the Act and the rules
1[33B. Candidate of furnish information only under the Act and the rules.-
Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder.]
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1. Inserted by The Representation Of The People (Third Amendment) Act, 2002 (72 Of 2002)
Section 34 - Deposits
1[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,--
(a) in the case of an election from a Parliamentary constituency, 3[a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees]; and
(b) in the case of an election from an Assembly or Council constituency, 4[a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees]:
Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of delivery of the nomination paper2[under sub-section (1) or, as the case may be, sub-section (1 A) of section 33] the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.
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1. Subs-section (3) was Substituted by Act 27 of 1956, Section 17 and again Substituted by Act 21 of 1996, Section 7 w.e.f. 1-8-1996.
2. Substituted by Act 10 of 1976, Section 2 Schedule, for certain words w.e.f. 9-9-1975.
3. Substituted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010 previous text was:-
"a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees"
4. Substituted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010 previous text was:-
"a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of two thousand five hundred rupees"
Section 35 - Notice of nominations and the time and place for their scrutiny
The returning officer shall, on receiving the nomination paper1[under sub-section (1) or, as the case may be, sub-section (1 A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of2[the proposer].
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1. Substituted by Act 10 of 1976, Section 2 Schedule, for certain words w.e.f. 9-9-1975.
2. Substituted by Act 27 of 1956, Section 2 and Schedule, for certain words.
Section 36 - Scrutiny of nominations
(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer1[***] of each candidate, and one other person duly authorised in writing by each candidate but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary,2[reject] any nomination on any of the following grounds :--
3[(a)4[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:--
Articles 84, 102, 173 and 191, ]5[***].
6[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)]7[***]; or
(b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or
(c) that the signature of the candidate or the proposer on the nomination paper is not genuine.]
(3) Nothing contained in8[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the9[rejection ] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has "been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(4) The returning officer shall not reject any nomination paper on the ground of any10[***] defect which is not of a substantial character.
(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:
Provided that in case11[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.
(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
12[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, concidates whose nominations have been found valid, and affix it to his notice board.]
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1. The words "and one seconder" omitted by Act 27 of 1956, Section 19.
2. Substituted by Act 27 of 1956 Section 19, for "refuse".
3. Substituted by act 27 of 1956, Section 19, for clauses (a) to (e).
4. Substituted by Act 40 of 1961, Section 9, for "that the candidate" w.e.f. 20-9-1961.
5. The word "and" Inserted by the Adaptation of Laws (No.2) Order, 1956 and omitted by Act 20 of 1963, Section 57 and the First Schedule
6. Substituted by Act 20 of 1963, Section 57 and the Second Schedule, for certain words.
7. Certain words omitted by the Adaptation of Laws (No.2) Order, 1956.
8. Substituted by Act 27 of 1956, Section 19, for "clause (c), clause (d) or clause (e)".
9. Substituted by Act 27 of 1956, Section 19, for "refusal".
10. The word "technical" omitted by Act 27 of 1956, Section 19.
11. Substituted by Act 40 of 1961, Section 9, for "and objection is made" w.e.f. 20-9-1961.
12. Substituted by Act 27 of 1956, Section 19, for sub-section (7).
Section 37 - Withdrawal of candidature
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer,1[***] or election agent who has been authorised in this behalf in writing by such candidate.
1[***]
(2) No person who has given a notice or withdrawal of his candidature under subsection (1) shall be allowed to cancel the notice.
2[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]
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1. The word "seconder" and the proviso omitted by Act 27 of 1956, Section 20.
2. Substituted by Act 40 of 1961, Section 10, for sub-section (3) w.e.f. 20-9-1961.
Section 38 - Publication of list of contesting candidates
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 validly 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].]
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1. Substituted by Act 27 of 1956, Section 21, for section 38.
2. Substituted by Act 21 of 1966, Section 8, for sub-section (2) w.e.f. 1-8-1996.
Section 39 - Nomination of candidates at other elections
1 [39. Nomination of candidates at other elections
(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2 [Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint-
(a) the last date for making nominations, which shall be the 3 [seventh day] after the date of publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be 4 [the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidatures, which shall be 5 [the second day] after the date for the scrutiny of nominations or if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and
(e) the date before which the election shall be completed.
6 [***]
(2) The provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and 7 [clause (a) of sub-section (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency:
Provided that--
(a) any references in the said provisions to the electoral roll of the constituency shall unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the lift of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a 2 [Union territory], as references to the list of members of such electoral college maintained under sub-section (2) of that section;
8 [(aa) the reference in the opening paragraph of sub-section (1) of section 33 to "an elector of the constituency as proposer" shall be construed as a reference to "ten percent, of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers":
Provided that where as a result of a calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;]
9 [10 [(ab)] in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;]
(b) any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and
(c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or the certified copy of the relevant entries in such roll.]
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1. Substituted by Act 27 of 1956, Section 22. for sub-section (2) w.e.f. 1-8-1996.
2. Substituted by Act Adaptation of Laws (No. 2) Order, 1956, for "Part C State".
3. Substituted by Act 40 of 1961, Section 11, for "tenth day" w.e.f. 20-9-1961.
4. Substituted by Act 47 of 1966, Section 30, for "the second day after" w.e.f. 14-12-1966.
5. Substituted by Act 47 of 1966, Section 30, for "the third day" w.e.f. 14-12-1966.
6. Explanation omitted by Act 47 of 1966, Section 30 w.e.f. 14-12-1966.
7. Substituted by Act 58 of 1958, Section 19, for "section 34".
8. Inserted by Act 1 of 1989, Section 8 w.e.f. 1-4-1989.
9. Inserted by Act 47 of 1966, Section 30 w.e.f. 14-12-1966.
10. Clause (aa) relettered as clause (ab) by Act 1 of 1989, Section 8 w.e.f. 1-4-1989.]
Section 39A - Allocation of equitable sharing of time
1[39A. Allocation of equitable sharing of time.--
(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election.
(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election.
(3) The allocation of equitable sharing of time under sub-section (1)shall be binding on all political parties concerned.
(4) The Election Commission may, for the purposes of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct.
Explanation.--For the purposes of this section,--
(a) "electronic media" includes radio and any other broadcasting media notified by the Central Government in the Official Gazette;
(b) "cable television network" and "cable operator" have the meanings respectively assigned to them under the Cable Television Networks (Regulation) Act, 1995(7 of 1995).']
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1. Inserted by Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003).