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Presidential and Vice-presidential Elections Act, 1952 Amending Act I

Title: Presidential and Vice-presidential Elections (Amendment) Act, 1977

State: Central

Year: 1952

.....any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidate, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code (45 of 1860.). 19.Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the.....

Presidential and Vice-presidential Elections Act, 1952 Part II

Title: Conduct of Presidential and Vice-presidential Elections

State: Central

Year: 1952

.....is taken, voles shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting, Section 11 - Declaration of results When the counting of the votes has been completed, the Returning Officer shall forthwith declare the results of the election in the manner provided by this Act or the rules made-thereunder. Section 12 - Report of the result As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the names of the person elected to the office of President or Vice-President, as the case may be.

Presidential and Vice-presidential Elections Act, 1952 Complete Act

Title: Presidential and Vice-presidential Elections Act, 1952

State: Central

Year: 1952

.....- Presentation of petition Section15 - Form of petitions, etc., and procedure Section16 - Relief that may be claimed by the petitioner Section17 - Orders of the Supreme Court Section18 - Grounds for declaring the election of a returned candidate to be void Section19 - Grounds for which a candidate other than the returned candidate may he declared to have been elected Section20 - Transmission of orders to the Central Government and its publication Part IV Section20A - Return or forfeiture of candidate's deposit Section21 - Power to make rules Section22 - Maintenance of secrecy of voting Section23 - Jurisdiction of civil courts barred Amending ActI - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 Amending ActII - MINISTRY OF LAW AND JUSTICE

Presidential and Vice-presidential Elections Act, 1952 Preamble 1

Title: Presidential and Vice-presidential Elections Act, 1952

State: Central

Year: 1952

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 [Act, No. 31 of 1952] [14th March, 1952] PREAMBLE An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India. BE it enacted by Parliament as follows :--

Presidential and Vicepresidential Elections Act, 1952 Complete Act

State: Central

Year: 1952

.....or refusal of a vote, or (ii) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the-nomination of the successful candidate has been wrongly accepted; the Supreme Court shall declare the election of the returned candidate to be void. (2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in (Indian Penal Code, 1860) SECTION 19 : Grounds for which a candidate other than the returned candidate may be declared to have been elected If any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after.....

Presidential and Vice-presidential Elections Act, 1952 Part IV

Title: Miscellaneous

State: Central

Year: 1952

..... Amending Act I - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 [Act, No.20 of 1977] [5th July, 1977] PREAMBLE An Act further to amend the Presidential and Vice-Presidential Elections Act, 1952. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows :-- 1.Short title This Act may be called the Presidential and Vice-Presidential Elections (Amendment) Act, 1977. 2.Substitution of new Part for Part III of Act 31 of 1952 In the Presidential and Vice-Presidential Elections Act, 1952, for Part III, the following Part shall be substituted, namely :-- PART III DISPUTES REGARDING ELECTIONS 13. Definitions.- In this Part, unless the context otherwise requires,-- (a) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election; (b) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; (c) "returned candidate" means a certificate whose name has been published under section 12 as duly elected. 14. Authority to try election petitions.- .....

Presidential and Vice-presidential Elections Act, 1952 Part I

Title: Preliminary

State: Central

Year: 1952

This Act may be called The Presidential and Vice-Presidential Elections Act, 1952. Section 2 - Definitions In this Act, unless the contest otherwise requires,-- (a) "article" means an article of the Constitution; (b) "election" moans a Presidential election or Vice-Presidential election; (c) "Election Commission" means the Election Commission appointed by the President under Article 324; (d) "Elector", in relation to a Presidential election, means a member of the electoral college referred to in Article 54, and in relation to a Vice-Presidential election, means 1 [a member of the electoral college referred to in Article 66;] (e) "prescribed" means prescribed by rules made under this Act; (f) "Presidential election" means an election to fill the office of the President of India; 2 [(ff) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881;] (g) "Returning Officer" includes an Assistant Returning Officer performing any function which he is 3 [competent] to perform under sub-section (2) of section 3; (h) "Vice-Presidential election" means an election to fill the office of the.....

Presidential and Vice-presidential Elections Act, 1952 Section 2

Title: Definitions

State: Central

Year: 1952

.....election" means an election to fill the office of the President of India; 2 [(ff) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881;] (g) "Returning Officer" includes an Assistant Returning Officer performing any function which he is 3 [competent] to perform under sub-section (2) of section 3; (h) "Vice-Presidential election" means an election to fill the office of the Vice-President of India. _________________________ 1. Substituted for the words "a member of either House of Parliament" by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974. 2. Inserted, by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974. 3. Substituted tor the word "authorised", by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974.

Presidential and Vice-presidential Elections Act, 1952 Section 21

Title: Power to Make Rules

State: Central

Year: 1952

.....for which such papers shall be preserved and the inspection and production of such papers; (j) any other matter required to be prescribed by this Act. 3[(3) Every rule made tinder this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] ______________________________ 1. For Presidential and Vice-Presidential Election Rules, 1952, see Gaz. of Ind., Extra.. Pt. 11, section 3, page 429. (Amended by S.O. 1551, dt. 29-4-1967; S.O. 3302, dt. 14-8-1969). 2. Substituted for the words "members of both Houses of Parliament" by the Presidential and.....

Presidential and Vice-presidential Elections Act, 1952 Amending Act II

Title: Ministry of Law and Justice

State: Central

Year: 1952

.....of 1952) (hereinafter referred to as the principal Act), in sub-section (1),- (i) in clause (a), for the words "ten electors" at both the places, where they occur, the words "fifty electors" shall be substituted; (ii) in clause (b), for the words "five electors" at both the places, where they occur, the words "twenty electors" shall be substituted. 3. Amendment of section 5C In section 5C of the principal Act, in sub-section (1), for the words "two thousand five hundred rupees", the words "fifteen thousand rupees" shall be substituted. 4.Repeal and saving (1) The Presidential and Vice-Presidential Elections (Amendment) Ordinance, 1997(Ord.13 of 1997), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.