Act Info:Preamble1 - REPRESENTATION OF THE PEOPLE ACT, 1951
Part I
Section1 - Short title
Section2 - Interpretation
PartII - QUALIFICATIONS AND DISQUALIFICATIONS
Chapter I
Section3 - Qualification for membership of the Council of States
Section4 - Qualifications for membership of the House of the People
Chapter II
Section5 - Qualifications for membership of a Legislative Assembly
Section5A - Qualifications for membership of Legislative Assembly of Sikkim
Section6 - Qualifications for membership of a Legislative Council
ChapterIII - DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES
Section7 - Definitions
Section8 - Disqualification on conviction for certain offences
Section8A - Disqualification on ground of corrupt practices
Section9 - Disqualification for dismissal for corruption or disloyalty
Section9A - Disqualification for Government contracts, etc.
Section10 - Disqualification for office under Government company
Section10A - Disqualification for failure to lodge account of election expenses
Section11 - Removal or reduction of period of disqualification
Chapter IV
Section11A - Disqualification arising out of conviction and corrupt practices
Section11B - Removal of disqualifications
PartIII - NOTIFICATION OF GENERAL ELECTIONS
Section12 - Notification for biennial election to the Council of States
Section12A - Notification for election to fill the seat allotted to the State of Sikkim in the Council of States
Section13 - Notification for reconstitution of electoral colleges of certain Union territories. [Repealed]
Section14 - Notification for general election to the House of the People
Section14A - Notification for electing the representative of the State of Sikkim to the existing House of the People
Section15 - Notification for general election to a State Legislative Assembly
Section15A - Notification for certain elections to Legislative Councils
Section16 - Notification for biennial election to a State Legislative Council
Part IV
Section19 - Definition
Section19A - Delegation of functions of Election Commission
Section20 - General duties of chief electoral officers
Section20A - General duties of district election officer
Section20B - Observers
Section21 - Returning officers
Section22 - Assistant returning officers
Section23 - Returning officer to include assistant returning officers performing the functions of the returning officer
Section24 - General duty of the returning officer
Section25 - Provision of polling stations for constituencies
Section26 - Appointment of presiding officers for polling stations
Section27 - General duty of the presiding officer
Section28 - Duties of a polling officer
Section28A - Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission
Section29 - Special provisions in the case of certain elections
PartIVA - REGISTRATION OF POLITICAL PARTIES
Section29A - Registration with the Election Commission of associations and bodies as political parties
Section29B - Political parties entitled to accept contribution
Section29C - Declaration of donation received by the political parties
Part V Chapter I
Section30 - Appointment of dates for nominations, etc.
Section31 - Public notice of election
Section32 - Nomination of candidates for election
Section33 - Presentation of nomination paper and requirements for a valid nomination
Section33A - Right to information
Section33B - Candidate to furnish information only under the Act and the rules
Section34 - Deposits
Section35 - Notice of nominations and the time and place for their scrutiny
Section36 - Scrutiny of nominations
Section37 - Withdrawal of candidature
Section38 - Publication of list of contesting candidates
Section39 - Nomination of candidates at other elections
Section39A - Allocation of equitable sharing of time
Chapter II
Section40 - Election agents
Section41 - Disqualification for being an election agent
Section42 - Revocation of the appointment, or death, of an election agent
Section43 - Effect of default in appointment of election agent under section 42 [Repealed]
Section44 - Duty of the election agent to keep accounts [Repealed]
Section45 - Functions of election agents
Section46 - Appointment of polling agents
Section47 - Appointment of counting agents
Section48 - Revocation of the appointment or death, of a polling agent or counting agent
Section49 - Functions of polling agents and counting agents
Section50 - Attendance 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
Section51 - Non-attendance of polling or counting agents
Chapter III
Section52 - Death of a candidate of a recognised political party before poll
Section53 - Procedure in contested and uncontested elections
Section54 - Special procedure at elections in constituencies where seats are reserved for Scheduled Caste or Scheduled Tribes [Repealed]
Section55 - Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
Section55A - Retirement from contest at elections in Parliamentary and Assembly constituencies [Repealed]
Chapter IV
Section56 - Fixing time for poll
Section57 - Adjournment of poll in emergencies
Section58 - Fresh poll in the case of destruction, etc., of ballot boxes
Section58A - Adjournment of poll or countermanding of election on the ground of booth caputring
Section59 - Manner of voting at elections
Section60 - Special prodecure for voting by certain classes of persons
Section61 - Special procedure for preventing personation of electors
Section61A - Voting machines at elections
Section62 - Right to vote
Section63 - Method of voting [Repealed]
Chapter V
Section64 - Counting of votes
Section64A - Destruction, loss, etc., of ballot papers at the time of counting
Section65 - Equality of votes
Section66 - Declaration of results
Section67 - Report of the result
Section67A - Date of election of candidate
Chapter VI
Section68 - Vacation of seats when elected to both Houses of Parliament
Section69 - Vacation of seats by persons already members of one House on election to other House of Parliament
Section70 - Election 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
Section71 - Publication of results of elections to the Council of States and of names of persons nominated by the President
Section72 - Publication of results of elections for the reconstitution of electoral colleges for certain Union territories [Repealed]
Section73 - Publication of results of general elections to the House of the People and the State Legislative Assemblies
Section73A - Special provision as to certain elections
Section73AA - Special provision as to certain elections
Section74 - Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
ChapterVIIA - DECLARATION OF ASSETS AND LIABILITIES
Section75A - Declaration of assets and liabilities
Chapter VIII
Section76 - Application of Chapter
Section77 - Account of election expenses and maximum thereof
Section78 - Lodging of account with the district election officer
PartVA - FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES
Section78A - Free supply of copies of electoral rolls
Section78B - Supply of certain items to candidates, etc.
Part VI Chapter I
Section79 - Definitions
ChapterII - PRESENTATION OF ELECTION PETITIONS TO HIGH COURT
Section80 - Election petitions
Section80A - High Court to try election petitions
Section81 - Presentation of petitions
Section82 - Parties of the petition
Section83 - Contents of petition
Section84 - Relief that may be claimed by the petitioner
Section85 - Procedure on receiving petition [Repealed]
Chapter III
Section86 - Trial of election petitions
Section87 - Procedure before the High Court
Section93 - Documentary evidence
Section94 - Secrecy of voting not to be infringed
Section95 - Answering of criminating questions and certificate of indemnity
Section96 - Expenses of witnesses
Section97 - Recrimination when seal claimed
Section98 - Decision of the High Court
Section99 - Other orders to be made by the High Court
Section100 - Grounds for declaring election to be void
Section101 - Grounds for which a candidate other than the returned candidate may be declared to have been elected
Section102 - Procedure in case of an equality of votes
Section103 - Communication of orders of the High Court
Section104 - Difference of opinion among the members of the Tribunal [Repealed]
Section105 - Orders of the Tribunal to be final and conclusive [Repealed]
Section106 - Transmission of order to the appropriate authority, etc., and its publication
Section107 - Effect of orders of the High Court
Chapter IV
Section108 - Withdrawal of petitions before appointment of Tribunal [Repealed]
Section109 - Withdrawal of election petitions
Section110 - Procedure for withdrawal of election petition
Section111 - Report of withdrawal by the High Court to the Election Commission
Section112 - Abatement of election petitions
Section116 - Abatement or substitution on death of respondent
ChapterIVA - APPEALS
Section116A - Appeals to Supreme Court
Section116B - Stay of operation of order of High Court
Section116C - Procedure in appeal
Chapter V
Section117 - Security for costs
Section118 - Security for costs from a respondent
Section119 - Costs
Section121 - Payment of costs out of security deposits and return of such deposits
Section122 - Execution of orders as to costs
PartVII - CORRUPT PRACTICES AND ELECTORAL OFFENCES
ChapterI - CORRUPT PARTICES
Section123 - Corrupt practices
Chapter III
Section125 - Promoting enmity between classes in connection with election
Section125A - Penalty for filing false affidavit, etc.
Section126 - Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
Section126A - Restriction on publication and dissemination of result of exit polls, etc
Section126B - Offences by companies
Section127 - Disturbances at election meetings
Section127A - Restrictions on the printing of pamphlets, posters, etc.
Section128 - Maintenance of secrecy of voting
Section129 - Officers, etc., at elections not to act for candidates or to influence voting
Section130 - Prohibition of canvassing in or near polling stations
Section131 - Penalty for disorderly conduct in or near polling stations
Section132 - Penalty for misconduct at the polling station
Section132A - Penalty for failure to observe procedure for voting
Section133 - Penalty for illegal hiring or procuring of conveyance at elections
Section134 - Breaches of official duty in connection with elections
Section134A - Penalty for Government servants for acting as election agent, polling agent or counting agent
Section134B - Prohibition of going armed to or near a polling station
Section135 - Removal of ballot papers from polling station to be an offence
Section135A - Offence of booth capturing
Section135B - Grant of paid holiday to employees on the day of poll
Section135C - Liquor not to be sold, given or distributed on polling day
Section136 - Other offences and penalties therefor
Section137 - Prosecution regarding certain offences [Repealed]
Section138 - Amendment of Act 5 of 1898 [Repealed]
Part VIII Chapter I
Section139 - [Repealed]
Section140 - [Repealed]
Section140A - [Repealed]
Chapter II
Section141 - [Repealed]
Section142 - [Repealed]
Section143 - [Repealed]
Section144 - [Repealed]
Chapter III
Section145 - [Repealed]
ChapterIV - POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS TO DISQUALIFICATIONS OF MEMBERS
Section146 - Powers of Election Commission
Section146A - Statements made by person to the Election Commission
Section146B - Procedure to be followed by the Election Commission
Section146C - Protection of action taken in good faith
Part IX
Section147 - Casual vacancies in the Council of States
Section148 - Casual vacancies in the electoral colleges for certain Union territories [Repealed]
Section149 - Casual vacancies in the House of the People
Section150 - Casual vacancies in the State Legislative Assemblies
Section151 - Casual vacancies in the State Legislative Councils
Section151A - Time limit for filling vacancies referred to in sections 147, 149, 150 and 151
Part X
Section152 - List of members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned
Section153 - Extension of time for completion of election
Section154 - Term of office of members of the Council of States
Section155 - Commencement of the term of office of members of the Council of States
Section156 - Term of office of members of State Legislative Councils
Section157 - Commencement of the term of office of members of the Legislative Councils
Section158 - Return or forfeiture of candidate's deposit
Section159 - Staff of certain authorities to be made available for election work
Section160 - Requisitioning of Premises, vehicles, etc., for election purposes
Section161 - Payment of compensation
Section162 - Power to obtain information
Section163 - Powers of entry into and inspection of premises, etc.
Section164 - Eviction from requisitioned premises
Section165 - Release of premises from requisition
Section166 - Delegation of functions of the Slate Government with regard to requisitioning
Section167 - Penalty for contravention of any order regarding requisitioning
Section168 - Special provisions with respect to Rulers of former Indian States [Repealed]
Part XI
Section169 - Power to make rules
Section170 - Jurisdiction of civil courts barred
Section171 - Repeal of Act 39 of 1920 [Repealed]
Amending Act1 - REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2002
Amending Act2 - ELECTION LAWS (AMENDMENT) ACT, 2003
Amending Act3 - REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2003
Amending Act4 - REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT) ACT, 2003
Amending Act5 - REPRESENTATION OF THE PEOPLE (THIRD AMENDMENT) ACT, 2002
Amending Act6 - ELECTION LAWS (AMENDMENT) ACT, 2003
Amending Act7 - ELECTION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2003