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Representation of the People Act, 1951 Part V

Title: Conduct of Elections

State: Central

Year: 1951

.....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.....

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Representation of the People Act, 1951 Part VI

Title: Disputes Regarding Elections

State: Central

Year: 1951

.....Substituted by Act 47 of 1966, Section 37, for "Parts VII and VIII". 2. Inserted by Act 47 of 1966, Section 37, original clause (a) was omitted by Act 27 of 1956, Section 43. 3. Substituted by Act 40 of 1975, Section 7 for clause (b) (retrospectively). 4. Substituted by Act 47 of 1966, Section 37, for "to withdraw" w.e.f. 14-12-1966. 5. Substituted by Act 47 of 1966, Section 37 for clause (e) w.e.f. 14-12-1966. REPRESENTATION OF THE PEOPLE ACT, 1951Chapter II - PRESENTATION OF ELECTION PETITIONS TO HIGH COURT CHAPTER II PRESENTATION OF ELECTION PETITIONS TO1[HIGH COURT] ______________________ 1. Substituted by Act 47 of 1966, Section 39, for "Election Commission" w.e.f. 14-12-1966. Section 80 - Election petitions No election shall be called in question except by an election petition presented in accordance with the provisions of this Part. Section 80A - High Court to try election petitions 1[80A. High Court to try election petitions.- (1) The Court having jurisdiction to try an election petition shall be the High Court. (2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to.....

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Representation of the People Act, 1951 Part IV

Title: Administrative Machinery for the Conduct of Elections

State: Central

Year: 1951

.....officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder. Section 25 - Provision of polling stations for constituencies 1[25. Provision of polling stations for constituencies. - The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.] ______________________ 1. Substituted by Act 47 of 1966, Section 25 for section 25 w.e.f. 14-12-1966. Section 26 - Appointment of presiding officers for polling stations (1) The1[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working.....

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Representation of the People Act, 1951 Chapter VIII

Title: Election Expenses

State: Central

Year: 1951

.....in consultation with the Election Commission, to theelectors in the constituencies concerned or to the candidates set up by therecognised political parties. (2) Where the ElectionCommission supplies the items to the candidates under sub-section (7), the Central Government may, in consultationwith the Election Commission, impose conditions with respect to the reduction ofthe maximum expenditure which may be incurred by the candidate under section 77. Explanation.--For the purposes ofsection 39A, this Chapter andclause (hh) of sub-section (2) of section 169, the expression"recognised political party", has the meaning assigned to it in the Election Symbols (Reservation andAllotment) Order, 1968.'.] REPRESENTATION OF THE PEOPLE ACT, 1951Part VI - DISPUTES REGARDING ELECTIONS

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Representation of the People Act, 1951 Chapter III

Title: Trial of Election Petitions

State: Central

Year: 1951

.....nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and] (b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid: Provided that4[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless- (a) he has been given notice to appear before1[the High Court] and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by [the High Court] and has given evidence against him, of calling evidence in his defence and of being heard. 5[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.] ______________________ 1. Substituted by Act 47 of 1966, Section 42, for "the Tribunal" w.e.f.14-12-1966. 2. Substituted by Act 27 of 1956, Section 54, for clause (a) 3. Certain words omitted by Act 58, Section 29. 4. Substituted by Act 27 of 1956, Section 54, for "no.....

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Representation of the People Act, 1951 Chapter VII

Title: Publication of Election Results and Nominations

State: Central

Year: 1951

.....for the reconstitution of electoral colleges for certain Union territories [Repealed] [Rep. by the Territorial Councils Act, 1956 (103 of 1956), Section 66]. Section 73 - Publication of results of general elections to the House of the People and the State Legislative Assemblies 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 by1[the Election Commission] in the Official Gazette, as soon as may be after2[the results of the elections in all the constituencies] [other than these 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.....

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Representation of the People Act, 1951 Part IX

Title: Bye-elections

State: Central

Year: 1951

.....for the purpose of filling the vacancy so caused before such date as may be specified in the notification and provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-election shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the Union territories of Delhi, Himachal Pradesh4and Manipur4.] ______________________ 1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No.2) Order, 1956. 2. Certain words omitted by Act 49 of 1951, Section 44 and the Fifth Schedule 3. Inserted by the Adaptation of Laws (No.2) Order, 1956. 4. Now it has become State. Section 148 - Casual vacancies in the electoral colleges for certain Union territories [Repealed] (Rep. by the Territorial Councils Act, 1956 (103 of 1956), Section 66]. Section 149 - Casual vacancies in the House of the People (1) When the seat of a member elected to the House of the People.....

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Representation of the People Act, 1951 Chapter III

Title: Genedral Procedure at Elections

State: Central

Year: 1951

.....section so as to include the name of the candidate who has been validly nominated under sub-section(2). Explanation. -For the purposes of this section, sections 33 and 38, "recognised political party", means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.] ______________________ 1. Section 52 was Substituted by Act 2 of 1992, Section 2 and again Substituted by Act 21 of 1996, Section 9 w.e.f. 1-8-1996 Section 53 - Procedure in contested and uncontested elections 1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.] (2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. (3) If the number of such candidates is less than the number of seats to be tilled, the returning officer shall forthwith declare all such candidates to be elected and the2[Election Commission] shall by notification in the Official Gazette call upon the constituency or the elected members or the members of the State Legislative.....

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Representation of the People Act, 1951 Section 77

Title: Account of Election Expenses and Maximum Thereof

State: Central

Year: 1951

.....person died or ceased to be a member, for the purposes of designating the new leader in his place.] ______________________ 1. Substituted by Act 40 of 1975, Section 6, for certain words (retrospectivcely) 2. Substituted by Election and other Related Laws (amendment) Act, 2003 (46 of 2003). Prior to substitution it read as under: [Explanation 1 . - Notwithstanding any judgment, order or decision of any Court to the contrary, any expenditure incurred or authorized in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purposes of this sub-section; Provided that nothing contained in this Explanation shall affect -- (a) any judgment, order or decision of the Supreme Court whereby the election of a candidate to the House of the People or to the Legislative Assembly of a State has been declared void or set aside before the commencement of the Representation.....

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Representation of the People Act, 1951 Section 100

Title: Grounds for Declaring Election to Be Void

State: Central

Year: 1951

.....vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, 2[the High Court] shall declare the election of the returned candidate to be void.] 5[(2) If in the opinion of2[the High Court], a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice6[***] but2[the High Court] is satisfied- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and7[without the consent], of the candidate or his election agent; 8[***] (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt9[***] practices at the election; and (d) that in all other respects the election was free from any corrupt9[***] practice on the part of the candidate or any of his agents, then2[the High Court] may decide that the election of the returned candidate is not void. ______________________ 1. Substituted by Act 27 of 1956, Section 55, for sub-sections (1) and (2) .....

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