{ "id": 1495, "slug": "representation-of-the-people-act-1951", "title": "THE REPRESENTATION OF THE PEOPLE ACT, 1951", "short_title": "Representation of the People Act, 1951", "act_number": "43", "act_year": 1951, "act_type": "CENTRAL", "location": "India", "law_status": "valid", "enactment_date": null, "description": "Representation of the People Act, 1951", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of \nthe Legislature of each State, the qualifications and disqualifications for membership of those Houses, \nthe corrupt 1*** practices and other offences at or in connection with such elections and the decision \nof doubts and disputes arising out of or in connection with such elections. \nBE it enacted by Parliament as follows:—", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "PART I - PRELIMINARY", "chapter": "PART I", "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1. Short title", "chapter": null, "content": "This Act may be called the Representation of the People Act, 1951.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "2", "title": "Section 2(1)", "chapter": null, "content": "(1) In this Act, unless the context otherwise requires,—", "footnote": "", "is_definition": true, "sort_order": 30 }, { "number": "2", "title": "Section 2(1)(a)", "chapter": null, "content": "(a) each of the expressions defined in section 2 or sub -section ( 1) of section 27 of the\nRepresentation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same\nmeaning as in that Act;", "footnote": "43 of 1950", "is_definition": true, "sort_order": 40 }, { "number": "2", "title": "Section 2(1)(b)", "chapter": null, "content": "(b) “appropriate authority” means, in relation to an election to the House of the People or the\nCouncil of S tates 2***, the Central Government, and in relation to an election to the Legislative\nAssembly or the Legislative Council of a State, the State Government;", "footnote": "", "is_definition": true, "sort_order": 50 }, { "number": "2", "title": "Section 2(1)(bb)", "chapter": null, "content": "3[(bb) “chief electoral officer ” means the officer appointed under section 13A of the\nRepresentation of the People Act, 1950 (43 of 1950);]", "footnote": "43 of 1950", "is_definition": true, "sort_order": 60 }, { "number": "2", "title": "Section 2(1)(c)", "chapter": null, "content": "(c) “corrupt practice” means any of the practices specified in section 123 4***;", "footnote": "", "is_definition": true, "sort_order": 70 }, { "number": "2", "title": "Section 2(1)(cc)", "chapter": null, "content": "5[(cc) “district election officer” means the officer designated or nominated under section 13AA of\nthe Representation of the People Act, 1950 (43 of 1950);]", "footnote": "43 of 1950", "is_definition": true, "sort_order": 80 }, { "number": "2", "title": "Section 2(1)(d)", "chapter": null, "content": "(d) “election” means an election to fill a seat or seats in either House of Parliament or in the\nHouse or either House of the Legislature of a State 6*** 7***;", "footnote": "", "is_definition": true, "sort_order": 90 }, { "number": "2", "title": "Section 2(1)(e)", "chapter": null, "content": "8[(e) “elector” in relation to a constituency means a person whose name is entered in the electoral\nroll of that constituency for the time being in force and who is not subject to any of the\ndisqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);]", "footnote": "43 of 1950", "is_definition": true, "sort_order": 100 }, { "number": "2", "title": "Section 2(1)(f)", "chapter": null, "content": "9[(f) “political party ” means an association or a body of individual citizens of India registered\nwith the Election Commission as a political party under section 29A;]", "footnote": "", "is_definition": true, "sort_order": 110 }, { "number": "2", "title": "Section 2(1)(g)", "chapter": null, "content": "(g) “prescribed” means prescribed by rules made under this Act;", "footnote": "", "is_definition": true, "sort_order": 120 }, { "number": "2", "title": "Section 2(1)(h)", "chapter": null, "content": "5[(h) “public holiday” means any day which is a public holiday for the purposes of section 25 of\nthe Negotiable Instruments Act, 1881 (26 of 1881);]\n10[(i)] “sign”, in relation to a person who is unable to write his name , means authenticate in such\nmanner as may be prescribed.\n11* * * * *\n12* * * * *", "footnote": "26 of 1881", "is_definition": true, "sort_order": 130 }, { "number": "2", "title": "Section 2(2)", "chapter": null, "content": "(2) For the purposes of this Act, 1*** a Parliamentary constituency, an Assembly constituency, a\nCouncil constituency, a local authorities ’ constituency, a graduates ’ constituency and a teachers ’\nconstituency shall each be treated as a constituency of a different class.", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "2", "title": "Section 2(3)", "chapter": null, "content": "(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or\nmade by any authority shall be published in the Official Gazette, shall, unless otherwise expressly\nprovided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or\nlist shall—", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "2", "title": "Section 2(3)(a)", "chapter": null, "content": "(a) where it is issued or made by the Central Government, be published in the Gazette of India;", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "2", "title": "Section 2(3)(b)", "chapter": null, "content": "(b) where it is issued or made by a State Government, be published in the Official Gazette of the\nState; and", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "2", "title": "Section 2(3)(c)", "chapter": null, "content": "(c) where it is issued or made by any other authority, be published in the Gazette of India if it\nrelates to an election to, or membership of, either House of Parliament 2*** and in the Official\nGazette of the State if it relates to an election to, or membership of, the House or either House of the\nLegislature of a State.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "2", "title": "Section 2(4)", "chapter": null, "content": "(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions\nmay be made for different cases or classes of cases.\n3* * * * *\n4* * * * *\n3* * * * *", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "21", "title": "PART II - QUALIFICATIONS AND DISQUALIFICATIONS", "chapter": "PART II", "content": "", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "22", "title": "CHAPTER I - QUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT", "chapter": "CHAPTER I", "content": "", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "3", "title": "Section 3. Qualification for membership of the Council of States", "chapter": null, "content": "A person shall not be qualified to be\nchosen as a representative of any State 7*** or Union territory in the Council of States unless he is an\nelector for a Parliamentary constituency 8[in India].]", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "4", "title": "Section 4. Qualifications for membership of the House of the People", "chapter": null, "content": "A person shall not be qualified to\nbe chosen to fill a seat in the House of the People 9*** 10***, unless—", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "4", "title": "Section 4(a)", "chapter": null, "content": "(a) in the case of a seal reserved for the Scheduled Castes in any State, he is a member of any of\nthe Scheduled Castes, whether of that State or of any other State, and is an elector for any\nParliamentary constituency;", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "4", "title": "Section 4(b)", "chapter": null, "content": "(b) i n the case of a seat reserved for the Scheduled Tribes in any State (other than those in\nthe autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of the\nState or of any other State (excluding the tribal areas of Assam), and is an elector for any\nParliamentary constituency;", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "4", "title": "Section 4(c)", "chapter": null, "content": "(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam,\nhe is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency\n1. The words “an electoral college constituency” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).\n2. The words “or the electoral college of union territory” omitted by s. 66, ibid. (w.e.f. 1-1-1957).\n3. Sub-sections ( 5) and ( 7) omitted and sub -section ( 6) re -numbered as sub -section ( 5) by Act 27 of 1956, s. 3\nin which such seat is reserved or for any other Parliamentary constituency comprising any such\nautonomous district; 1***", "footnote": "103 of 1956; 27 of 1956", "is_definition": false, "sort_order": 260 }, { "number": "4", "title": "Section 4(cc)", "chapter": null, "content": "2[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory\nof 3[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the\nParliamentary constituency of that Union territory; 4***]", "footnote": "", "is_definition": false, "sort_order": 270 }, { "number": "4", "title": "Section 4(ccc)", "chapter": null, "content": "5[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary\nconstituency for Sikkim;]", "footnote": "", "is_definition": false, "sort_order": 280 }, { "number": "4", "title": "Section 4(d)", "chapter": null, "content": "(d) in the case of any other seat, he is an elector for any Parliamentary constituency.", "footnote": "", "is_definition": false, "sort_order": 290 }, { "number": "31", "title": "CHAPTER II - QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES", "chapter": "CHAPTER II", "content": "", "footnote": "", "is_definition": false, "sort_order": 300 }, { "number": "5", "title": "Section 5. Qualifications for membership of a Legislative Assembly", "chapter": null, "content": "A person shall not be qualified to\nbe chosen to fill a seat in the Legislative Assembly of a State unless—", "footnote": "", "is_definition": false, "sort_order": 310 }, { "number": "5", "title": "Section 5(a)", "chapter": null, "content": "(a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that\nState, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for\nany Assembly constituency in that State;", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "5", "title": "Section 5(b)", "chapter": null, "content": "(b) in the case of a seat reserved for an autonomous district of Assam, 6*** he is a member of a\n7[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in\nwhich such seat or any other seat is reserved for that district; and", "footnote": "", "is_definition": false, "sort_order": 330 }, { "number": "5", "title": "Section 5(c)", "chapter": null, "content": "(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:", "footnote": "", "is_definition": false, "sort_order": 340 }, { "number": "5", "title": "Proviso to Section 5(c)", "chapter": null, "content": "8[Provided that for the period referred to in clause (2) of article 371 A, a person shall not be qualified\nto be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland\nunless he is a member of the regional council referred to in that article.]", "footnote": "", "is_definition": false, "sort_order": 350 }, { "number": "5A", "title": "Section 5A. Qualifications for membership of Legislative Assembly of Sikkim", "chapter": null, "content": "10[(1)] Notwithstanding\nanything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative\nAssembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the\nConstitution) unless—", "footnote": "", "is_definition": false, "sort_order": 360 }, { "number": "5A", "title": "Section 5A(a)", "chapter": null, "content": "(a) in the case of a seat reserved for Sikkimese of Bhutia -Lepcha origin, he is a person either of\nBhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the\nconstituency reserved for the Sanghas;", "footnote": "", "is_definition": false, "sort_order": 370 }, { "number": "5A", "title": "Section 5A(b)", "chapter": null, "content": "(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin\nand is an elector for any Assembly constituency in the State;", "footnote": "", "is_definition": false, "sort_order": 380 }, { "number": "5A", "title": "Section 5A(c)", "chapter": null, "content": "(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes\nspecified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly\nconstituency in the State; and", "footnote": "", "is_definition": false, "sort_order": 390 }, { "number": "5A", "title": "Section 5A(d)", "chapter": null, "content": "(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]", "footnote": "", "is_definition": false, "sort_order": 400 }, { "number": "5A", "title": "Section 5A(2)", "chapter": null, "content": "1[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to\nfill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the\ncommencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless—", "footnote": "8 of 1980", "is_definition": false, "sort_order": 410 }, { "number": "5A", "title": "Section 5A(2)(a)", "chapter": null, "content": "(a) in the case of a seat reserved for Sikkimese of Bhutia -Lepcha origin, he is a person either of\nBhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the\nconstituency reserved for the Sanghas;", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "5A", "title": "Section 5A(2)(b)", "chapter": null, "content": "(b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in\nthe State of Sikkim and is an elector for any Assembly constituency in the State;", "footnote": "", "is_definition": false, "sort_order": 430 }, { "number": "5A", "title": "Section 5A(2)(c)", "chapter": null, "content": "(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and", "footnote": "", "is_definition": false, "sort_order": 440 }, { "number": "5A", "title": "Section 5A(2)(d)", "chapter": null, "content": "(d) in the case of any other seat, he is an elector for any Assembly constituency in the State.", "footnote": "", "is_definition": false, "sort_order": 450 }, { "number": "5A", "title": "Explanation to Section 5A(2)(d)", "chapter": null, "content": "Explanation.—In this sub -section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa,\nTibetan, Tromopa and Yolmo.]", "footnote": "", "is_definition": false, "sort_order": 460 }, { "number": "6", "title": "Section 6(1)", "chapter": null, "content": "(1) A person shall not be qualifled to\nbe chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector\nfor any Assembly constituency in that State.", "footnote": "", "is_definition": false, "sort_order": 470 }, { "number": "6", "title": "Section 6(2)", "chapter": null, "content": "(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be\nfilled by nomination by the Governor 2*** unless he is ordinarily resident in the State.", "footnote": "", "is_definition": false, "sort_order": 480 }, { "number": "50", "title": "CHAPTER III - DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES", "chapter": "CHAPTER III", "content": "", "footnote": "", "is_definition": false, "sort_order": 490 }, { "number": "7", "title": "Section 7. Definitions", "chapter": null, "content": "In this Chapter,—", "footnote": "", "is_definition": false, "sort_order": 500 }, { "number": "7", "title": "Section 7(a)", "chapter": null, "content": "(a) “appropriate Government” means in relation to any disqualification for being chosen as or for\nbeing a member of either House of Parliament, the Central Government, and in relation to any\ndisqualification for being chosen as or for being a member of the Legislative Assembly or Legislative\nCouncil of a State, the State Government;", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "7", "title": "Section 7(b)", "chapter": null, "content": "(b) “disqualified” means disqualified for being chosen as, and for being, a member of either\nHouse of Parliament or of the Legislative Assembly or Legislative Council of a State 4[under the\nprovisions of this Chapter, and on no other ground].", "footnote": "", "is_definition": false, "sort_order": 520 }, { "number": "8", "title": "Section 8(1)", "chapter": null, "content": "5[(1) A person convicted of an offence\npunishable under—", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "8", "title": "Section 8(1)(a)", "chapter": null, "content": "(a) section 153A (offence of promoting enmity between different groups on ground of religion,\nrace, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony)\nor section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an\nelection) or sub -section ( 1) or sub -section ( 2) of section 376 or section 376A or section 376B or\nsection 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards\na woman by husband or relative of a husband) or sub -section (2) or sub -section (3) of section 505\n(offence of making statement creating or promoting enmity, hatred or ill -will between classes or\noffence relating to such statement in any place of worship or in any assembly engaged in the\nperformance of religious worship or religious ceremonies) or the Indian Penal Code (45 of 1860); or", "footnote": "45 of 1860", "is_definition": false, "sort_order": 540 }, { "number": "8", "title": "Section 8(1)(b)", "chapter": null, "content": "(b) the Protection of Civil Rights Act, 1955 (22 of 1955), which provides for punishment for the\npreaching and practice of “untouchability”, and for the enforcement of any disability arising\ntherefrom; or", "footnote": "22 of 1955", "is_definition": false, "sort_order": 550 }, { "number": "8", "title": "Section 8(1)(c)", "chapter": null, "content": "(c) section 11 (offence of importing or exporting prohibited goods) o f the Customs\nAct, 1962 (52 of 1962); or", "footnote": "52 of 1962", "is_definition": false, "sort_order": 560 }, { "number": "8", "title": "Section 8(1)(d)", "chapter": null, "content": "(d) sections 10 to 12 (offence of being a member of an association declared unlawful,\noffence relating to dealing with funds of an unlawful association or offence relating to contravention\nof an order made in respect of a notified place) of the Unlawful Activities (Prevention)\nAct, 1967 (37 of 1967); or", "footnote": "37 of 1967", "is_definition": false, "sort_order": 570 }, { "number": "8", "title": "Section 8(1)(e)", "chapter": null, "content": "(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or", "footnote": "46 of 1973", "is_definition": false, "sort_order": 580 }, { "number": "8", "title": "Section 8(1)(f)", "chapter": null, "content": "(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or", "footnote": "61 of 1985", "is_definition": false, "sort_order": 590 }, { "number": "8", "title": "Section 8(1)(g)", "chapter": null, "content": "(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive\nactivities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or", "footnote": "28 of 1987", "is_definition": false, "sort_order": 600 }, { "number": "8", "title": "Section 8(1)(h)", "chapter": null, "content": "(h) section 7 (offence of contravention of the provisions of section 3 to 6) of the Religious\nInstitutions (Prevention of Misuse) Act, 1988 (41 of 1988); or", "footnote": "41 of 1988", "is_definition": false, "sort_order": 610 }, { "number": "8", "title": "Section 8(1)(i)", "chapter": null, "content": "(i) section 125 (offence of promoting enmity between classes in connection with the election) or\nsection 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of\nbooth capturing) or clause ( a) of sub -section (2) of section 136 (offence of Fraudulently defacing or\nfraudulently destroying any nomination paper) of this Act; 1[or]", "footnote": "", "is_definition": false, "sort_order": 620 }, { "number": "8", "title": "Section 8(1)(j)", "chapter": null, "content": "1[(j) section 6 (offence of conversion of a place or worship) of the Places of Worship (Special\nProvisions) Act 1991]; 2[or]", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "8", "title": "Section 8(1)(k)", "chapter": null, "content": "3[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or\nsection 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National\nHonour Act, 1971 (69 of 1971) ; 4[or]]", "footnote": "69 of 1971", "is_definition": false, "sort_order": 640 }, { "number": "8", "title": "Section 8(1)(l)", "chapter": null, "content": "4[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or", "footnote": "3 of 1988", "is_definition": false, "sort_order": 650 }, { "number": "8", "title": "Section 8(1)(m)", "chapter": null, "content": "(m) the Prevention of Corruption Act, 1988 (49 of 1988); or", "footnote": "49 of 1988", "is_definition": false, "sort_order": 660 }, { "number": "8", "title": "Section 8(1)(n)", "chapter": null, "content": "(n) the Prevention of Terrorism Act, 2002 (15 of 2002),]\n5[shall be disqualified, where the convicted person is sentenced to—", "footnote": "15 of 2002", "is_definition": false, "sort_order": 670 }, { "number": "8", "title": "Section 8(1)(i)", "chapter": null, "content": "(i) only fine, for a period of six years from the date of such conviction;", "footnote": "", "is_definition": false, "sort_order": 680 }, { "number": "8", "title": "Section 8(1)(ii)", "chapter": null, "content": "(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a\nfurther period of six years since his release.]", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "8", "title": "Section 8(2)", "chapter": null, "content": "(2) A person convicted for the contravention of—", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "8", "title": "Section 8(2)(a)", "chapter": null, "content": "(a) any law providing for the prevention of hoarding or profiteering; or", "footnote": "", "is_definition": false, "sort_order": 710 }, { "number": "8", "title": "Section 8(2)(b)", "chapter": null, "content": "(b) any law relating to the adulteration of food or drugs; or", "footnote": "", "is_definition": false, "sort_order": 720 }, { "number": "8", "title": "Section 8(2)(c)", "chapter": null, "content": "(c) any provisions of the Dowry Prohibition Act, 6[1961 (28 of 1961);],\n7* * * * *\nand sentenced to imprisonment for not less than six months, shall be disqualified from the date of such\nconviction and shall continue to be disqualified for a further period of six years since his release.", "footnote": "28 of 1961", "is_definition": false, "sort_order": 730 }, { "number": "8", "title": "Section 8(3)", "chapter": null, "content": "(3) A person convicted of any offence and sentenced to imprisonment for not less than two years\n[other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date\nof such conviction and shall continue to be disqualified for a further period of six years since his release.]\n1*[(4)] Notwithstanding anything 2[in sub -section ( 1), sub -section 2 and sub -section ( 3)] a\ndisqualification under either sub -section shall not, in the case of a person who on the date of the\nconviction is a member of Parliament or the Legislature of a State, take effect until three months have\nelapsed from that date or, if within that period an appeal or application for revision is brought in respect\nof the conviction or the sentence, until that appeal or application is disposed of by the court.", "footnote": "", "is_definition": false, "sort_order": 740 }, { "number": "8", "title": "Explanation to Section 8(3)", "chapter": null, "content": "Explanation.—In this section—", "footnote": "", "is_definition": false, "sort_order": 750 }, { "number": "8", "title": "Section 8(3)(a)", "chapter": null, "content": "(a) “law providing for the prevention of hoarding or profiteering ” means any law, or any order,\nrule or notification having the force of law, providing for—", "footnote": "", "is_definition": false, "sort_order": 760 }, { "number": "8", "title": "Section 8(3)(i)", "chapter": null, "content": "(i) the regulation of production or manufacture of any essential commodity;", "footnote": "", "is_definition": false, "sort_order": 770 }, { "number": "8", "title": "Section 8(3)(ii)", "chapter": null, "content": "(ii) the control of price at which any essential commodity may be brought or sold;", "footnote": "", "is_definition": false, "sort_order": 780 }, { "number": "8", "title": "Section 8(3)(iii)", "chapter": null, "content": "(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or\nconsumption of any essential commodity;", "footnote": "", "is_definition": false, "sort_order": 790 }, { "number": "8", "title": "Section 8(3)(iv)", "chapter": null, "content": "(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept\nfor sale;", "footnote": "", "is_definition": false, "sort_order": 800 }, { "number": "8", "title": "Section 8(3)(b)", "chapter": null, "content": "(b) “drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940);", "footnote": "23 of 1940", "is_definition": false, "sort_order": 810 }, { "number": "8", "title": "Section 8(3)(c)", "chapter": null, "content": "(c) “essential commodity ” has the meaning assigned to it in the Essential Commodities\nAct, 1955 (10 of 1955);", "footnote": "10 of 1955", "is_definition": false, "sort_order": 820 }, { "number": "8", "title": "Section 8(3)(d)", "chapter": null, "content": "(d) “food” has the meaning assigned to it in the Prevention of Food Adulteration\nAct, 1954 (37 of 1954).", "footnote": "37 of 1954", "is_definition": false, "sort_order": 830 }, { "number": "8A", "title": "Section 8A(1)", "chapter": null, "content": "(1) The case of every person found guilty\nof a corrupt practice by an order under section 99 shall be submitted, 4[as soon as may be within a period\nof three months from the date such order takes effect], by such authority as the Central Government may\nspecify in this behalf, to the President for determination of the question as to whether such person shall be\ndisqualified and if so, for what period:", "footnote": "", "is_definition": false, "sort_order": 840 }, { "number": "8A", "title": "Proviso to Section 8A(1)", "chapter": null, "content": "Provided that the period for which any person may be disqualified under this sub -section shall in no\ncase exceed six years from the date on which the order made in relation to him under section 99 takes\neffect.", "footnote": "", "is_definition": false, "sort_order": 850 }, { "number": "8A", "title": "Section 8A(2)", "chapter": null, "content": "(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before\nthe commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such\ndisqualification has not expired, submit a petition to the President for the removal of such disqualification\nfor the unexpired portion of the said period.", "footnote": "40 of 1975", "is_definition": false, "sort_order": 860 }, { "number": "8A", "title": "Section 8A(3)", "chapter": null, "content": "(3) Before giving his decision on any question mentioned in sub -section ( 1) or on any petition\nsubmitted under sub -section (2), the President shall obtain the opinion of the Election Commission on\nsuch question or petition and shall act according to such opinion.]", "footnote": "", "is_definition": false, "sort_order": 870 }, { "number": "9", "title": "Section 9(1)", "chapter": null, "content": "(1) A person who having held an\noffice under the Government of India or under the Government of any State has been dismissed for\ncorruption or for disloyalty to the State shall be disqualified for a period of five years from the date of\nsuch dismissal.", "footnote": "", "is_definition": false, "sort_order": 880 }, { "number": "9", "title": "Section 9(2)", "chapter": null, "content": "(2) For the purposes of sub -section (1), a certificate issued by the Election Commission to the effect\nthat a person having held office under the Government of India or under the Government of a State, has or\nhas not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact:", "footnote": "", "is_definition": false, "sort_order": 890 }, { "number": "9", "title": "Proviso to Section 9(2)", "chapter": null, "content": "Provided that no certificate to the effect that a person has been dismissed for corruption or for\ndisloyalty to the State shall be issued unless an opportunity of being heard has been given to the said\nperson.", "footnote": "", "is_definition": false, "sort_order": 900 }, { "number": "9A", "title": "Section 9A. Disqualification for Government contracts, etc", "chapter": null, "content": "A person shall be disqualified if, and for so\nlong as, there subsists a contract entered into by him in the course of his trade or business with the\nappropriate Government for the supply of goods to, or for the execution of any works undertaken by that\nGovernment.", "footnote": "", "is_definition": false, "sort_order": 910 }, { "number": "9A", "title": "Explanation to Section 9A", "chapter": null, "content": "Explanation.—For the purposes of this section, where a contract has been fully performed by the\nperson by whom it has been entered into with the appropriate Government, the contract shall be deemed\nnot to subsist by reason only of the fact that the Government has not performed its part of the contract\neither wholly or in part.", "footnote": "", "is_definition": false, "sort_order": 920 }, { "number": "10", "title": "Section 10. Disqualification for office under Government company", "chapter": null, "content": "A person shall be disqualified if,\nand for so long as, he is a managing agent, manager or secretary of any company or corporation (other\nthan a co -operative society) in the capital of which the appropriate Government has not less than\ntwenty-five per cent. share.", "footnote": "", "is_definition": false, "sort_order": 930 }, { "number": "10A", "title": "Section 10A. Disqualification for failure to lodge account of election expenses", "chapter": null, "content": "If the Election\nCommission is satisfied that a person—", "footnote": "", "is_definition": false, "sort_order": 940 }, { "number": "10A", "title": "Section 10A(a)", "chapter": null, "content": "(a) has failed to lodge an account of election expenses, within the time and in the manner required\nby or under this Act; and", "footnote": "", "is_definition": false, "sort_order": 950 }, { "number": "10A", "title": "Section 10A(b)", "chapter": null, "content": "(b) has no good reason or justification for the failure,\nthe Election Commission shall, by order published in the Official Gazette, declare him to be disqualified\nand any such person shall be disqualified for a period of three years from the date of the order.", "footnote": "", "is_definition": false, "sort_order": 960 }, { "number": "11", "title": "Section 11. Removal or reduction of period of disqualification", "chapter": null, "content": "The Election Commission may, for\nreasons to be recorded, remove any disqualification under this Chapter 1[(except under section 8A)] or\nreduce the period of any such disqualification.", "footnote": "", "is_definition": false, "sort_order": 970 }, { "number": "99", "title": "CHAPTER IV - DISQUALIFICATIONS FOR VOTING", "chapter": "CHAPTER IV", "content": "", "footnote": "", "is_definition": false, "sort_order": 980 }, { "number": "11A", "title": "Section 11A. Disqualification arising out of conviction and corrupt practices", "chapter": null, "content": "2[(1)] If any person, after\nthe commencement of this Act,—\n3*** is convicted of an offence punishable under section 171E or section 171F of the Indian Penal\nCode (45 of 1860), or under section 125 or section 135 or clause ( a) of sub-section (2) of section 136\nof this Act, 4***\n5* * * * *\nhe shall, for a period of six years from the date of the conviction or from the date on which the order takes\neffect, be disqualified for voting at any election.", "footnote": "45 of 1860", "is_definition": false, "sort_order": 990 }, { "number": "11A", "title": "Section 11A(2)", "chapter": null, "content": "6[(2) Any person disqualified by a decision of the President under sub -section (1) of section 8A for\nany period shall be disqualified for the same period for voting at any election.", "footnote": "", "is_definition": false, "sort_order": 1000 }, { "number": "11A", "title": "Section 11A(3)", "chapter": null, "content": "(3) The decision of the President on a petition submitted by any person under sub -section ( 2) of\nsection 8A in respect of any disqualification for being chosen as, and for being, a member of either House\nof Parliament or of the Legislative Assembly or Legislative Council of a S tate shall, so for as may be,\napply in respect of the disqualification for voting at any election incurred by him under clause ( b) of\nsub-section ( 1) of section 11A of this Act as it stood immediately before the commencement of the\nElection Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the\nsaid disqualification for voting also.]", "footnote": "40 of 1975", "is_definition": false, "sort_order": 1010 }, { "number": "11B", "title": "Section 11B. Removal of disqualifications", "chapter": null, "content": "The Election Commission may, for reasons to be recorded,\nremove 1[any disqualification under sub-section (1) of section 11A].]", "footnote": "", "is_definition": false, "sort_order": 1020 }, { "number": "104", "title": "PART III - NOTIFICATION OF GENERAL ELECTIONS", "chapter": "PART III", "content": "", "footnote": "", "is_definition": false, "sort_order": 1030 }, { "number": "12", "title": "Section 12. Notification for biennial election to the Council of States", "chapter": null, "content": "For the purpose of filling the seats\nof members of the Council of States retiring on the expiration of their ter m of office the President shall ,\nby one or more notifications published in the Gazette of India on such date or dates as may be\nrecommended by the Election Commission, call upon the elected members of the Legislative Assembly or\nas the case may be, the members of the electoral college, of each State concerned to elect members in\naccordance with the provisions of this Act and of the rules and orders made thereunder:", "footnote": "", "is_definition": false, "sort_order": 1040 }, { "number": "12", "title": "Proviso to Section 12", "chapter": null, "content": "Provided that no notification under this section shall be issued more than three months prior to the\ndate on which the term of office of the retiring members is due to expire.", "footnote": "", "is_definition": false, "sort_order": 1050 }, { "number": "12A", "title": "Section 12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of \nStates", "chapter": null, "content": "For the purpose of filling for the first time the seat allotted to the State of Sikkim by the\nConstitution (Thirty -sixth Amendment) Act, 1975 in the Council of States, the President shall, by a\nnotification published in the Gazette of India, on such date as may be recommended by Election\nCommission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a\nmember in accordance with the provisions of this Act and of the rules and orders made thereunder and the\nelection so held shall for all purposes and intent be deemed to have been held under section 12.]", "footnote": "", "is_definition": false, "sort_order": 1060 }, { "number": "13", "title": "Section 13. [Notification for reconstitution of electoral colleges of certain Union territories. ]", "chapter": null, "content": "Omitted by the\nTerritorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).", "footnote": "103 of 1956", "is_definition": false, "sort_order": 1070 }, { "number": "14", "title": "Section 14(1)", "chapter": null, "content": "(1) A general election shall be\nheld for the purpose of constituting a new House of the People on the expiration of the duration of the\nexisting House or on its dissolution.", "footnote": "", "is_definition": false, "sort_order": 1080 }, { "number": "14", "title": "Section 14(2)", "chapter": null, "content": "(2) For the said purpose the President shall, by one or more notifications published in the Gazette of\nIndia on such date or dates as may be recommended by the Election Commission , call upon all\nParliamentary constituencies to elect members in accordance with the provisions of this Act and of the\nrules and orders made thereunder:", "footnote": "", "is_definition": false, "sort_order": 1090 }, { "number": "14", "title": "Proviso to Section 14(2)", "chapter": null, "content": "Provided that where a general election is held otherwise than on the dissolution of the existing House\nof the People, no such notification shall be issued at any time earlier than six months prior to the date on\nwhich the duration of that House would expire under the provisions of clause (2) of article 83.", "footnote": "", "is_definition": false, "sort_order": 1100 }, { "number": "14A", "title": "Section 14A. Notification for electing the representative of the State of Sikkim to the existing House of \nthe People", "chapter": null, "content": "For the purpose of electing a representative of the State of Sikkim to the House of the\nPeople, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call\nupon the members of the Legislative Assembly of the Sta te of Sikkim to elect the representative in\naccordance with such of the provisions of this Act, and the rules and orders ma de thereunder, as are\napplicable to the election of the members of the Council of States.", "footnote": "", "is_definition": false, "sort_order": 1110 }, { "number": "15", "title": "Section 15(1)", "chapter": null, "content": "(1) A general election shall\nbe held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the\nexisting Assembly or on its dissolution.", "footnote": "", "is_definition": false, "sort_order": 1120 }, { "number": "15", "title": "Section 15(2)", "chapter": null, "content": "(2) For the said purpose, 1[the Governor or Administrator, as the case may be], 2*** shall, by one or\nmore notifications published in the Official Gazette of the State on such date or dates as may be\nrecommended by the Election Commission, call upon all Assembly constituencies in the State to elect\nmembers in accordance with the provisions of this Act and of the rules and order made thereunder:", "footnote": "", "is_definition": false, "sort_order": 1130 }, { "number": "15", "title": "Proviso to Section 15(2)", "chapter": null, "content": "Provided that where a general election is held otherwise than on the dissolution of the existing\nLegislative Assembly, no such notification shall be issued at any time earlier than six months prior to the\ndate on which the duration of that Assembly would expire under the provisions of clause (1) of\narticle 172 2*** 3[or under the provisions of section 5 of the Government of Union Territories\nAct, 1963 (20 of 1963), as the case may be].", "footnote": "20 of 1963", "is_definition": false, "sort_order": 1140 }, { "number": "15A", "title": "Section 15A. Notification for certain el ections to Legislative Councils", "chapter": null, "content": "For the purpose of constituting\nthe Legislative Council of the State of Madhya Pradesh under the State Reorganisation Act, 1956 (37 of\n1956) and constituting the Legislative Council of the State of Andhra Pradesh 5[under the Andhra Pradesh\nLegislative Council Act, 2005 (1 of 2006)], 6[and constituting the Legislative Council of the State of\nTamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] 7[and constituting the\nLegislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014\n(6 of 2014)] the Governor of each of the aforesaid States shall by one or more notifications published in\nthe Official Gazette of the State on such date or dates as may be recommended by the Election\nCommission, call upon the members of the Legislative Assembly of the State and all the Council\nconstituencies to elect members in accordance with the provisions of this Act and of the rules and orders\nmade thereunder.]", "footnote": "37 of\n1956; 1 of 2006; 16 of 2010; 6 of 2014", "is_definition": false, "sort_order": 1150 }, { "number": "16", "title": "Section 16. Notification for biennial election to a State Legislative Council", "chapter": null, "content": "For the purpose of filling the\nseats of members of the Legislative Council of a State retiring on the expiration of their term of office, the\nGovernor 8*** shall, by one or more notifications published in the Official Gazette of the Sta te on such\ndate or dates as may be recommended by the Election Commission call upon the members of the\nLegislative Assembly of the State and all the Council constituencies concerned to elect members in\naccordance with the provisions of this Act and of the rules and orders made thereunder:", "footnote": "", "is_definition": false, "sort_order": 1160 }, { "number": "16", "title": "Proviso to Section 16", "chapter": null, "content": "Provided that no notification under this section shall be issued more than three months prior to the\ndate on which the term of office of the retiring members is due to expire.]", "footnote": "", "is_definition": false, "sort_order": 1170 }, { "number": "119", "title": "PART IV - ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS", "chapter": "PART IV", "content": "", "footnote": "", "is_definition": false, "sort_order": 1180 }, { "number": "19", "title": "Section 19. Definition", "chapter": null, "content": "In this Part and in Part V, unless the context otherwise requires, “constituency”\nmeans 9*** Parliamentary constituency or an Assembly constituency or a Council constituency.", "footnote": "", "is_definition": false, "sort_order": 1190 }, { "number": "19A", "title": "Section 19A. Delegation of functions of Election Commission", "chapter": null, "content": "The functions of the Election\nCommission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act\nor under the rules made thereunder may, subject to such general or special directions, if any, as may be\ngiven by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner\nor by the Secretary to the Election Commission.]", "footnote": "43 of 1950", "is_definition": false, "sort_order": 1200 }, { "number": "20", "title": "Section 20. General duties of chief electoral officers", "chapter": null, "content": "Subject to the superintendence, direction and\ncontrol of the Election Commission, the chief electoral officer of each State shall supervise the conduct of\nall elections in the State under this Act.", "footnote": "", "is_definition": false, "sort_order": 1210 }, { "number": "20A", "title": "Section 20A(1)", "chapter": null, "content": "(1) Subject to the superintendence, direction\nand control of the chief electoral officer, the district election officer shall co -ordinate and supervise all\nwork in the district or in the area within his jurisdiction in connection with the conduct of all elections to\nParliament and the Legislature of the State.", "footnote": "", "is_definition": false, "sort_order": 1220 }, { "number": "20A", "title": "Section 20A(2)", "chapter": null, "content": "(2) The district election officer shall also perform such other functions as may be entrusted to him by\nthe Election Commission and the chief electoral officer.]", "footnote": "", "is_definition": false, "sort_order": 1230 }, { "number": "20B", "title": "Section 20B(1)", "chapter": null, "content": "(1) The Election Commission may nominate an Observer who shall be an officer\nof Government to watch the conduct of election or elections in a constituency or a group of constituencies\nand to perform such other functions as may be entrusted to him by the Election Commission.", "footnote": "", "is_definition": false, "sort_order": 1240 }, { "number": "20B", "title": "Section 20B(2)", "chapter": null, "content": "(2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer\nfor the constituency or for any of the constituencies for which he has been nominated, to stop the counting\nof votes at any time before the declaration of the result or not to declare the result if in the opinion of the\nObserver booth capturing has taken place at a large number of polling stations or at places fixed for the\npoll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are\nunlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed\nor lost or are damaged or tampered with to such an extent that the result of the poll at that polling station\nor place cannot be ascertained.", "footnote": "", "is_definition": false, "sort_order": 1250 }, { "number": "20B", "title": "Section 20B(3)", "chapter": null, "content": "(3) Where an Observer has directed the returning officer under this section to stop counting of votes\nor not to declare the result, the Observer shall forthwith report the matter to the Election Commission and\nthereupon the Election Commission shall, after taking all material circumstances into account, issue\nappropriate directions under section 58A or section 64A or section 66.", "footnote": "", "is_definition": false, "sort_order": 1260 }, { "number": "20B", "title": "Explanation to Section 20B(3)", "chapter": null, "content": "Explanation.—For the purposes of sub -section ( 2) and sub -section ( 3), “Observer” shall include a\nRegional Commissioner or any such officer of the Election Commission as has been assigned under this\nsection the duty of watching the conduct of election or elections in a constituency or group of\nconstituencies by the Commission.]", "footnote": "", "is_definition": false, "sort_order": 1270 }, { "number": "21", "title": "Section 21. Returning officers", "chapter": null, "content": "For every constituency, for every election to fill a seat or seats in the\nCouncil of States and for every election by the members of the Legislative Assembly of a S tate to fill a\nseat or seats in the Legislative Council of the S tate, the Election Commission shall, in consultation with\nthe Government of the State, designate or nominate a returning officer who shall be 3[an officer of\nGovernment or of a local authority:", "footnote": "", "is_definition": false, "sort_order": 1280 }, { "number": "21", "title": "Proviso to Section 21", "chapter": null, "content": "Provided that nothing in this section shall prevent the Election Commission from designating or\nnominating the same person to be the returning officer for more than one constituency].", "footnote": "", "is_definition": false, "sort_order": 1290 }, { "number": "22", "title": "Section 22(1)", "chapter": null, "content": "(1) The Election Commission may appoint one or more persons\nto assist any returning officer in the performance of his functions:", "footnote": "", "is_definition": false, "sort_order": 1300 }, { "number": "22", "title": "Proviso to Section 22(1)", "chapter": null, "content": "Provided that every such person shall be 4[an officer of Government or of a local authority].", "footnote": "", "is_definition": false, "sort_order": 1310 }, { "number": "22", "title": "Section 22(2)", "chapter": null, "content": "(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent\nto perform all or any of the functions of the returning officer:", "footnote": "", "is_definition": false, "sort_order": 1320 }, { "number": "22", "title": "Proviso to Section 22(2)", "chapter": null, "content": "Provided that no assistant returning officer shall perform any of the functions of the returning officer\nwhich relate 5*** to the scrutiny of nominations 6*** unless the returning officer is unavoidably\nprevented from performing the said function.", "footnote": "", "is_definition": false, "sort_order": 1330 }, { "number": "23", "title": "Section 23. Returning officer to include assistant returning officers performing the functions of the \nreturning officer", "chapter": null, "content": "References in this Act to the returning officer shall, unless the context otherwise\nrequires, be deemed to include an assistant returning officer performing any function which he is\nauthorised to perform under sub-section (2) of section 22.", "footnote": "", "is_definition": false, "sort_order": 1340 }, { "number": "24", "title": "Section 24. General duty of the returning officer", "chapter": null, "content": "It shall be general duty of the returning officer at any\nelection to do all such acts and things as may be necessary for effectually conducting the election in the\nmanner provided by this Act and rules or orders made thereunder.", "footnote": "", "is_definition": false, "sort_order": 1350 }, { "number": "25", "title": "Section 25. Provision of polling stations for constituencies", "chapter": null, "content": "The district election officer shall, with the\nprevious approval of the Election Commission, provide a sufficient number of polling stations for every\nconstituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such\nmanner as the Election Commission may direct, a list showing the polling stations so provided and the\npolling areas or groups of voters for which they have respectively been provided.]", "footnote": "", "is_definition": false, "sort_order": 1360 }, { "number": "26", "title": "Section 26(1)", "chapter": null, "content": "(1) The 2[district election officer] shall\nappoint a presiding officer for each polling station and such polling officer or officers as he thinks\nnecessary, but he shall not appoint any person who has been employed by or on behalf of, or has been\notherwise working for, a candidate in or about the election:", "footnote": "", "is_definition": false, "sort_order": 1370 }, { "number": "26", "title": "Proviso to Section 26(1)", "chapter": null, "content": "Provided that if a polling officer is absent from the polling station, the presiding officer may appoint\nany person who is present at the polling station other than a person who has been employed by or on\nbehalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer\nduring the absence of the former officer, and inform the 2[district election officer] accordingly:", "footnote": "", "is_definition": false, "sort_order": 1380 }, { "number": "26", "title": "Proviso to Section 26(1)", "chapter": null, "content": "3[Provided further that nothing in this sub -section shall prevent that 2[district election officer] from\nappointing the same person to be the presiding officer for more than one polling station in the same\npremises.]", "footnote": "", "is_definition": false, "sort_order": 1390 }, { "number": "26", "title": "Section 26(2)", "chapter": null, "content": "(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions\nof a presiding officer under this Act or any rules or orders made thereunder.", "footnote": "", "is_definition": false, "sort_order": 1400 }, { "number": "26", "title": "Section 26(3)", "chapter": null, "content": "(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself\nfrom the polling station, his functions shall be performed by such polling officer as has been previously\nauthorised by the 2[district election officer] to perform such functions during any such absence.", "footnote": "", "is_definition": false, "sort_order": 1410 }, { "number": "26", "title": "Section 26(4)", "chapter": null, "content": "(4) References in this Act to the presiding officer shall, unless the contest otherwise requires, be\ndeemed to include any person performing any function which he is authorised to perform under\nsub-section (2) or sub-section (3), as the case may be.\n4* * * * *", "footnote": "", "is_definition": false, "sort_order": 1420 }, { "number": "27", "title": "Section 27. General duty of the presiding officer", "chapter": null, "content": "It shall be the general duty of the presiding officer at a\npolling station to keep order thereat and to see that the poll is fairly taken.", "footnote": "", "is_definition": false, "sort_order": 1430 }, { "number": "28", "title": "Section 28. Duties of a polling officer", "chapter": null, "content": "It shall be the duty of the polling officers at a polling station to\nassist the presiding officer for such station in the performance of his functions.", "footnote": "", "is_definition": false, "sort_order": 1440 }, { "number": "28A", "title": "Section 28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election \nCommission", "chapter": null, "content": "The returning officer, assistant returning officer, presiding officer, polling officer and any\nother officer appointed under this Part, and any police officer designated for the time being by the State\nGovernment, for the conduct of any election shall be deemed to be on deputation to the Election\nCommission for the period commencing on and from the date of the notification calling for such election\nand ending with the date of declaration of the results of such election and accordingly, such officers shall,\nduring that period, be subject to the control, superintendence and discipline of the Election Commission.]", "footnote": "", "is_definition": false, "sort_order": 1450 }, { "number": "29", "title": "Section 29(1)", "chapter": null, "content": "(1) The returning officer for an\nelection 6*** to fill a seat or seats in the Council of States or for an election by the members of the\nLegislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall , with the\nprevious app roval of the Election Commission, fix the place at which the poll will be taken for such\nelection and shall notify the place so fixed in such manner as the Election Commission may direct.", "footnote": "", "is_definition": false, "sort_order": 1460 }, { "number": "29", "title": "Section 29(2)", "chapter": null, "content": "(2) The returning officer shall preside over such election at the place so fixed and shall appoint such\npolling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has\nbeen employed by or on behalf of, or has been otherwise working for, a candidate in or about the election.", "footnote": "", "is_definition": false, "sort_order": 1470 }, { "number": "149", "title": "PART IVA - REGISTRATION OF POLITICAL PARTIES", "chapter": "PART IVA", "content": "", "footnote": "", "is_definition": false, "sort_order": 1480 }, { "number": "29A", "title": "Section 29A(1)", "chapter": null, "content": "(1) Any association or body of individual citizens of India calling itself a political party and\nintending to avail itself of the provisions of this Part shall make an application to the Election\nCommission for its registration as a political party for the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 1490 }, { "number": "29A", "title": "Section 29A(2)", "chapter": null, "content": "(2) Every such application shall be made,—", "footnote": "", "is_definition": false, "sort_order": 1500 }, { "number": "29A", "title": "Section 29A(2)(a)", "chapter": null, "content": "(a) if the association or body is in existence at the commencement of the Representation of the\nPeople (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;", "footnote": "1 of 1989", "is_definition": false, "sort_order": 1510 }, { "number": "29A", "title": "Section 29A(2)(b)", "chapter": null, "content": "(b) if the association or body is formed after such commencement, within thirty days next\nfollowing the date of its formation.", "footnote": "", "is_definition": false, "sort_order": 1520 }, { "number": "29A", "title": "Section 29A(3)", "chapter": null, "content": "(3) Every application under sub -section ( 1) shall be signed by the chief executive officer of the\nassociation or body (whether such chief executive officer is known as Secretary or by any other\ndesignation) and presented to the Secretary to the Commission or sent to such Secretary by registered\npost.", "footnote": "", "is_definition": false, "sort_order": 1530 }, { "number": "29A", "title": "Section 29A(4)", "chapter": null, "content": "(4) Every such application shall contain the following particulars, namely:—", "footnote": "", "is_definition": false, "sort_order": 1540 }, { "number": "29A", "title": "Section 29A(4)(a)", "chapter": null, "content": "(a) the name of the association or body;", "footnote": "", "is_definition": false, "sort_order": 1550 }, { "number": "29A", "title": "Section 29A(4)(b)", "chapter": null, "content": "(b) the State in which its head office is situate;", "footnote": "", "is_definition": false, "sort_order": 1560 }, { "number": "29A", "title": "Section 29A(4)(c)", "chapter": null, "content": "(c) the address to which letters and other communications meant for it should be sent;", "footnote": "", "is_definition": false, "sort_order": 1570 }, { "number": "29A", "title": "Section 29A(4)(d)", "chapter": null, "content": "(d) the names of its president, secretary, treasurer and other office-bearers;", "footnote": "", "is_definition": false, "sort_order": 1580 }, { "number": "29A", "title": "Section 29A(4)(e)", "chapter": null, "content": "(e) the numerical strength of its members, and if there are categories of its members, the\nnumerical strength in each category;", "footnote": "", "is_definition": false, "sort_order": 1590 }, { "number": "29A", "title": "Section 29A(4)(f)", "chapter": null, "content": "(f) whether it has any local units; if so, at what levels;", "footnote": "", "is_definition": false, "sort_order": 1600 }, { "number": "29A", "title": "Section 29A(4)(g)", "chapter": null, "content": "(g) whether it is represented by any member or members in either House of Parliament or of any\nStale Legislature; if so, the number of such member or members.", "footnote": "", "is_definition": false, "sort_order": 1610 }, { "number": "29A", "title": "Section 29A(5)", "chapter": null, "content": "(5) The application under sub -section ( 1) shall be accompanied by a copy of the memorandum or\nrules and regulations of the association or body, by whatever name called, and such memorandum or rules\nand regulations shall contain a specific provision that the association or body shall bear true faith and\nallegiance to the Constitution of India as by law established, and to the principles of socialism, secularism\nand democracy, and would uphold the sovereignty, unity and integrity of India.", "footnote": "", "is_definition": false, "sort_order": 1620 }, { "number": "29A", "title": "Section 29A(6)", "chapter": null, "content": "(6) The Commission may call for such other particulars as it may deem fit from the association or\nbody.", "footnote": "", "is_definition": false, "sort_order": 1630 }, { "number": "29A", "title": "Section 29A(7)", "chapter": null, "content": "(7) After considering all the particulars as aforesaid in its possession and any other necessary and\nrelevant factors and after giving the representatives of the association or body reasonable opportunity of\nbeing heard, the Commission shall decide either to register the association or body as a political party for\nthe purposes of this Part, or not so to register it; and the Commission shall communicate its decision to\nthe association or body:", "footnote": "", "is_definition": false, "sort_order": 1640 }, { "number": "29A", "title": "Proviso to Section 29A(7)", "chapter": null, "content": "Provided that no association or body shall be registered as a political party under this sub -section\nunless the memorandum or rules and regulations of such association or body conform to the provisions of\nsub-section (5).", "footnote": "", "is_definition": false, "sort_order": 1650 }, { "number": "29A", "title": "Section 29A(8)", "chapter": null, "content": "(8) The decision of the Commission shall be final.", "footnote": "", "is_definition": false, "sort_order": 1660 }, { "number": "29A", "title": "Section 29A(9)", "chapter": null, "content": "(9) After an association or body has been registered as a political party as aforesaid, any change in its\nname, head office, office -bearers, address or in any other material matters shall be communicated to the\nCommission without delay.]", "footnote": "", "is_definition": false, "sort_order": 1670 }, { "number": "29B", "title": "Section 29B. Political parties entitled to accept contribution", "chapter": null, "content": "Subject to the provisions of the\nCompanies Act, 1956 (1 of 1956), every political party may accept any amount of contribution\nvoluntarily offered to it by any person or company other than a Government company:", "footnote": "1 of 1956", "is_definition": false, "sort_order": 1680 }, { "number": "29B", "title": "Proviso to Section 29B", "chapter": null, "content": "Provided that no political party shall be eligible to accept any contribution from any foreign source\ndefined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).", "footnote": "49 of 1976", "is_definition": false, "sort_order": 1690 }, { "number": "29B", "title": "Explanation to Section 29B", "chapter": null, "content": "Explanation.—For the purposes of this section and section 29C,—", "footnote": "", "is_definition": false, "sort_order": 1700 }, { "number": "29B", "title": "Section 29B(a)", "chapter": null, "content": "(a) “company” means a company as defined in section 3;", "footnote": "", "is_definition": false, "sort_order": 1710 }, { "number": "29B", "title": "Section 29B(b)", "chapter": null, "content": "(b) “Government company” means a company within the meaning of section 617; and", "footnote": "", "is_definition": false, "sort_order": 1720 }, { "number": "29B", "title": "Section 29B(c)", "chapter": null, "content": "(c) “contribution” has the meaning assigned to it under section 293A, of the Companies Act, 1956\n(1 of 1956) and includes any donation or subscription offered by any person to a political party; and", "footnote": "1 of 1956", "is_definition": false, "sort_order": 1730 }, { "number": "29B", "title": "Section 29B(d)", "chapter": null, "content": "(d) “person” has the meaning assigned to it under clause ( 31) of section 2 of the Income -tax\nAct, 1961 (43 of 1961), but does not include Government company, local authority and every\nartificial juridical person wholly or partially funded by the Government.", "footnote": "43 of 1961", "is_definition": false, "sort_order": 1740 }, { "number": "29C", "title": "Section 29C(1)", "chapter": null, "content": "(1) The treasurer of a political\nparty or any other person authorised by the political party in this behalf shall, in each financial year,\nprepare a report in respect of the following namely:—", "footnote": "", "is_definition": false, "sort_order": 1750 }, { "number": "29C", "title": "Section 29C(1)(a)", "chapter": null, "content": "(a) the contribution in excess of twenty thousand rupees received by such political party from any\nperson in that financial year;", "footnote": "", "is_definition": false, "sort_order": 1760 }, { "number": "29C", "title": "Section 29C(1)(b)", "chapter": null, "content": "(b) the contribution in excess of twenty thousand rupees received by such political party from\ncompanies other than Government companies in that financial year.", "footnote": "", "is_definition": false, "sort_order": 1770 }, { "number": "29C", "title": "Proviso to Section 29C(1)(b)", "chapter": null, "content": "2[Provided that nothing contained in this sub -section shall apply to the contributions received by\nway of an electoral bond.", "footnote": "", "is_definition": false, "sort_order": 1780 }, { "number": "29C", "title": "Explanation to Section 29C(1)(b)", "chapter": null, "content": "Explanation.––For the purposes of this sub-section, “electoral bond” means a bond referred to in\nthe Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934 (2 of 1934).]", "footnote": "2 of 1934", "is_definition": false, "sort_order": 1790 }, { "number": "29C", "title": "Section 29C(2)", "chapter": null, "content": "(2) The report under sub-section (1) shall be in such form as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1800 }, { "number": "29C", "title": "Section 29C(3)", "chapter": null, "content": "(3) The report for a financial year under sub -section ( 1) shall be submitted by the treasurer of a\npolitical party or any other person authorised by the political party in this behalf before the due date\nfor furnishing a return of its income of that financial year under section 139 of the Income -tax\nAct, 1961 (43 of 1961) to the Election Commission.", "footnote": "43 of 1961", "is_definition": false, "sort_order": 1810 }, { "number": "29C", "title": "Section 29C(4)", "chapter": null, "content": "(4) Where the treasurer of any political party or any other person authorised by the political party in\nthis behalf fails to submit a report under sub -section (3) then, notwithstanding anything contained in the\nIncome-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that\nAct.]", "footnote": "43 of 1961", "is_definition": false, "sort_order": 1820 }, { "number": "184", "title": "PART V - CONDUCT OF ELECTIONS", "chapter": "PART V", "content": "", "footnote": "", "is_definition": false, "sort_order": 1830 }, { "number": "185", "title": "CHAPTER I - NOMINATION OF CANDIDATES", "chapter": "CHAPTER I", "content": "", "footnote": "", "is_definition": false, "sort_order": 1840 }, { "number": "30", "title": "Section 30. Appointment of dates for nominations, etc", "chapter": null, "content": "As soon as the notification calling upon a\nconstituency to elect a member or members is issued, the Election Commission shall, by notification in\nthe Official Gazette, appoint—", "footnote": "", "is_definition": false, "sort_order": 1850 }, { "number": "30", "title": "Section 30(a)", "chapter": null, "content": "(a) the last date for making nominations, which shall be the 4[seventh day] after the date of\npublication of the first mentioned notification or, if that day is a public holiday, the next succeeding\nday which is not a public holiday;", "footnote": "", "is_definition": false, "sort_order": 1860 }, { "number": "30", "title": "Section 30(b)", "chapter": null, "content": "(b) the date for the scrutiny of nominations, which shall be 5[the day immediately following] the\nlast date for making nominations or, if that day is a public holiday, the next succeeding day which is\nnot a public holiday;", "footnote": "", "is_definition": false, "sort_order": 1870 }, { "number": "30", "title": "Section 30(c)", "chapter": null, "content": "(c) the last date for the withdrawal of candidatures, which shall be 1[the second day] after the date\nfor the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not\na public holiday;", "footnote": "", "is_definition": false, "sort_order": 1880 }, { "number": "30", "title": "Section 30(d)", "chapter": null, "content": "(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall\nbe a date not earlier than the 2[fourteenth day] after the last date for the withdrawal of candidatures;\nand", "footnote": "", "is_definition": false, "sort_order": 1890 }, { "number": "30", "title": "Section 30(e)", "chapter": null, "content": "(e) the date before which the election shall be completed.\n3* * * * *", "footnote": "", "is_definition": false, "sort_order": 1900 }, { "number": "31", "title": "Section 31. Public notice of election", "chapter": null, "content": "On the issue of a notification under section 30, the returning\nofficer 4*** shall give public notice of the intended election in such form and manner as may be\nprescribed, inviting nominations of candidates for such election and specifying the place at which the\nnomination papers are to be delivered.", "footnote": "", "is_definition": false, "sort_order": 1910 }, { "number": "32", "title": "Section 32. Nomination of candidates for election", "chapter": null, "content": "Any person may be nominated as a candidate for\nelection to fill a seat 5*** if he is qualified to be chosen to fill that seat under the provisions of the\nConstitution and this Act 6*** 7[or under the provisions of the Government of Union Territories\nAct, 1963 (20 of 1963), as the case may be].", "footnote": "20 of 1963", "is_definition": false, "sort_order": 1920 }, { "number": "33", "title": "Section 33(1)", "chapter": null, "content": "(1) On or\nbefore the date appointed under clause ( a) of section 30 each candidate shall, either in person or by his\nproposer, between the hours of eleven O ’clock in the forenoon and three O ’clock in the afternoon deliver\nto the returning officer at the place specified in this behalf in the notice issued under section 31 a\nnomination paper completed in the prescribed form and signed by the candidate and by an elector of the\nconstituency as proposer:", "footnote": "", "is_definition": false, "sort_order": 1930 }, { "number": "33", "title": "Proviso to Section 33(1)", "chapter": null, "content": "9[Provided that a candidate not set up by a recognised political party, shall not be deemed to b e duly\nnominated for election fr om a constituency unless the nomination paper is subscribed by ten proposers\nbeing electors of the constituency:", "footnote": "", "is_definition": false, "sort_order": 1940 }, { "number": "33", "title": "Proviso to Section 33(1)", "chapter": null, "content": "Provided further that no nomination paper shall be delivered to the returning officer on a day which is\na public holiday:\nProvided also that in the case a local authorities ’ constituency, graduates’ constituency or teachers ’\nconstituency, the reference to “an elector of the constituency as proposer ” shall be construed as a\nreference to ten per cent . of the electors of the constituency or ten such electors, whichever is less, as\nproposers.]", "footnote": "", "is_definition": false, "sort_order": 1950 }, { "number": "33", "title": "Section 33(1A)", "chapter": null, "content": "10[(1A) Notwithstanding anything contained in sub -section ( 1), for election to the Legislative\nAssembly of Sikkim (deemed to be the Legi slative Assembly of that State du ly constituted under the\nConstitution), the nomination paper to be delivered to the returning officer shall be in such form and\nmanner as may be prescribed:", "footnote": "", "is_definition": false, "sort_order": 1960 }, { "number": "33", "title": "Proviso to Section 33(1A)", "chapter": null, "content": "Provided that the said nomination paper shall be subscribed by the candidate as assenting to the\nnomination, and—", "footnote": "", "is_definition": false, "sort_order": 1970 }, { "number": "33", "title": "Section 33(1A)(a)", "chapter": null, "content": "(a) in the case of a seat reserved for Sikkimese of Bhutia -Lepcha origin, also by at least twenty\nelectors of the constituency as proposers and twenty electors of the constituency as seconders;", "footnote": "", "is_definition": false, "sort_order": 1980 }, { "number": "33", "title": "Section 33(1A)(b)", "chapter": null, "content": "(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency\nas proposers and at least twenty electors of the constituency as seconders;", "footnote": "", "is_definition": false, "sort_order": 1990 }, { "number": "33", "title": "Section 33(1A)(c)", "chapter": null, "content": "(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency\nas proposer:", "footnote": "", "is_definition": false, "sort_order": 2000 }, { "number": "33", "title": "Proviso to Section 33(1A)(c)", "chapter": null, "content": "Provided further that no nomination paper shall be delivered to the returning officer on a day which is\na public holiday.]", "footnote": "", "is_definition": false, "sort_order": 2010 }, { "number": "33", "title": "Section 33(2)", "chapter": null, "content": "(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be\nchosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular\ncaste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled\nCaste or, as the case may be, a Scheduled Tribe of the State.", "footnote": "", "is_definition": false, "sort_order": 2020 }, { "number": "33", "title": "Section 33(3)", "chapter": null, "content": "(3) Where the candidate is a person who, having held any office referred to in 1[section 9] has been\ndismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed\nto be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in\nthe prescribed manner by the Election Commission to the effect that he has not been dismissed for\ncorruption or disloyalty to the State.", "footnote": "", "is_definition": false, "sort_order": 2030 }, { "number": "33", "title": "Section 33(4)", "chapter": null, "content": "(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the\nnames and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are\nthe same as those entered in the electoral rolls:", "footnote": "", "is_definition": false, "sort_order": 2040 }, { "number": "33", "title": "Proviso to Section 33(4)", "chapter": null, "content": "2[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard\nto the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in\nthe electoral roll or the nomination paper and no clerical, technical or printing error in regard to the\nelectoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full\noperation of the electoral roll or the nomination paper with respect to such person or place in any case\nwhere the description in regard to the name of the person or place is such as to be commonly understood;\nand the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or\nprinting error to be corrected and where necessary, direct that any such misnomer, inaccurate description,\nclerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.]", "footnote": "", "is_definition": false, "sort_order": 2050 }, { "number": "33", "title": "Section 33(5)", "chapter": null, "content": "(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that\nconstituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall,\nunless it has been filed along with the nomination paper, be produced before the returning officer at the\ntime of scrutiny.", "footnote": "", "is_definition": false, "sort_order": 2060 }, { "number": "33", "title": "Section 33(6)", "chapter": null, "content": "3[(6) Nothing in this section shall prevent any candidate from being nominated by more than one\nnomination paper:", "footnote": "", "is_definition": false, "sort_order": 2070 }, { "number": "33", "title": "Proviso to Section 33(6)", "chapter": null, "content": "Provided that not more than four nomination papers shall be presented by or on behalf of any\ncandidate or accepted by the returning officer for election in the same constituency.]", "footnote": "", "is_definition": false, "sort_order": 2080 }, { "number": "33", "title": "Section 33(7)", "chapter": null, "content": "4[(7) Notwithstanding anything contained in sub -section (6) or in any other provisions of this Act, a\nperson shall not be nominated as a candidate for election,—", "footnote": "", "is_definition": false, "sort_order": 2090 }, { "number": "33", "title": "Section 33(7)(a)", "chapter": null, "content": "(a) in the case of a general election to the House of the People (whether or not held\nsimultaneously from all Parliamentary constituencies), from more than two Parliamentary\nconstituencies;", "footnote": "", "is_definition": false, "sort_order": 2100 }, { "number": "33", "title": "Section 33(7)(b)", "chapter": null, "content": "(b) in the case of a general election to the Legislative Assembly of a State (whether or not held\nsimultaneously from all Assembly constituencies), from more than two Assembly constituencies in\nthat State;", "footnote": "", "is_definition": false, "sort_order": 2110 }, { "number": "33", "title": "Section 33(7)(c)", "chapter": null, "content": "(c) in the case of a biennial election to the Legislative Council of a State having such Council,\nfrom more than two Council constituencies in the State;", "footnote": "", "is_definition": false, "sort_order": 2120 }, { "number": "33", "title": "Section 33(7)(d)", "chapter": null, "content": "(d) in the case of a biennial election to the Council of States for filling two or more seats allotted\nto a State, for filling more than two such seats;", "footnote": "", "is_definition": false, "sort_order": 2130 }, { "number": "33", "title": "Section 33(7)(e)", "chapter": null, "content": "(e) in the case of bye -elections to the House of the People from two or more Parliamentary\nconstituencies which are held simultaneously, from more than two such Parliamentary constituencies;", "footnote": "", "is_definition": false, "sort_order": 2140 }, { "number": "33", "title": "Section 33(7)(f)", "chapter": null, "content": "(f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly\nconstituencies which are held simultaneously, from more than two such Assembly constituencies;", "footnote": "", "is_definition": false, "sort_order": 2150 }, { "number": "33", "title": "Section 33(7)(g)", "chapter": null, "content": "(g) in the case of bye -elections to the Council of States for filling two or more seats allotted to a\nState, which are held simultaneously, for filling more than two such seats;", "footnote": "", "is_definition": false, "sort_order": 2160 }, { "number": "33", "title": "Section 33(7)(h)", "chapter": null, "content": "(h) in the case of bye -elections to the Legislative Council of a State having such Council from\ntwo or more Council constituencies which are held simultaneously, from more than two such Council\nconstituencies.", "footnote": "", "is_definition": false, "sort_order": 2170 }, { "number": "33", "title": "Explanation to Section 33(7)(h)", "chapter": null, "content": "Explanation.—For the purposes of this sub -section, two or more bye -elections shall be deemed to be\nheld simultaneously where the notification calling such bye -elections are issued by the Election\nCommission under sections 147, 149, 150 or, as the case may be, 151 on the same date.]", "footnote": "", "is_definition": false, "sort_order": 2180 }, { "number": "33A", "title": "Section 33A(1)", "chapter": null, "content": "(1) A candidate shall, apart from any information which he is\nrequired to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under\nsub-section (1) of section 33, also furnish the information as to whether—", "footnote": "", "is_definition": false, "sort_order": 2190 }, { "number": "33A", "title": "Section 33A(1)(i)", "chapter": null, "content": "(i) he is accused of any offence punishable with imprisonment for two years or more in a pending\ncase in which a charge has been framed by the court of competent jurisdiction;", "footnote": "", "is_definition": false, "sort_order": 2200 }, { "number": "33A", "title": "Section 33A(1)(ii)", "chapter": null, "content": "(ii) he has been convicted of an offence [other than any offence referred to in sub -section (1) or\nsub-section (2), or covered in sub -section (3), of section 8] and sentenced to imprisonment for one\nyear or more.", "footnote": "", "is_definition": false, "sort_order": 2210 }, { "number": "33A", "title": "Section 33A(2)", "chapter": null, "content": "(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning\nofficer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by\nthe candidate in a prescribed form verifying the information specified in sub-section (1).", "footnote": "", "is_definition": false, "sort_order": 2220 }, { "number": "33A", "title": "Section 33A(3)", "chapter": null, "content": "(3) The returning officer shall, as soon as may be after the furnishing of information to him under\nsub-section ( 1), display the aforesaid information by affixing a copy of the affidavit, delivered under\nsub-section ( 2), at a conspicuous place at his office for the information of the electors relating to a\nconstituency for which the nomination paper is delivered.]", "footnote": "", "is_definition": false, "sort_order": 2230 }, { "number": "33B", "title": "Section 33B. Candidate to furnish information only under the Act and the rules", "chapter": null, "content": "Notwithstanding\nanything contained in any judgment, decree or order of any court or any direction, order or any other\ninstruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such\ninformation, in respect of his election which is not required to be disclosed or furnished under this Act or\nthe rules made thereunder.]", "footnote": "", "is_definition": false, "sort_order": 2240 }, { "number": "34", "title": "Section 34(1)", "chapter": null, "content": "3[(1) A candidate shall not be deemed to be duly nominated for election from a\nconstituency unless he deposits or causes to be deposited,—", "footnote": "", "is_definition": false, "sort_order": 2250 }, { "number": "34", "title": "Section 34(1)(a)", "chapter": null, "content": "(a) in the case of an election from a Parliamentary constituency, 4[a sum of twenty-five thousand\nrupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve\nthousand five hundred rupees]; and", "footnote": "", "is_definition": false, "sort_order": 2260 }, { "number": "34", "title": "Section 34(1)(b)", "chapter": null, "content": "(b) in the case of an election from an Assembly or Council constituency, 5[a sum of ten thousand\nrupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five\nthousand rupees]:", "footnote": "", "is_definition": false, "sort_order": 2270 }, { "number": "34", "title": "Proviso to Section 34(1)(b)", "chapter": null, "content": "Provided that where a candidate has been nominated by more than one nomination paper for election\nin the same constituency, not more than one deposit shall be required of him under this sub-section.]", "footnote": "", "is_definition": false, "sort_order": 2280 }, { "number": "34", "title": "Section 34(2)", "chapter": null, "content": "(2) Any sum required to be deposited under sub -section ( 1) shall not be deemed to have been\ndeposited under that sub -section unless at the time of delivery of the nomination paper 1[under\nsub-section (1) or, as the case may be, sub -section (1A) of section 33] the candidate has either deposited\nor caused to be deposited that sum with the returning officer in cash or enclosed with the nomination\npaper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank\nof India or in a Government Treasury.", "footnote": "", "is_definition": false, "sort_order": 2290 }, { "number": "35", "title": "Section 35. Notice of nominations and the time and place for their scrutiny", "chapter": null, "content": "The returning officer shall,\non receiving the nomination paper 2[under sub -section ( 1) or, as the case may be, sub -section ( 1A) of\nsection 33], inform the person or persons delivering the same of the date, time and place fixed for the\nscrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a\ncertificate stating the date on which and the hour at which the nomination paper has been delivered to\nhim; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a\nnotice of the nomination containing descriptions similar to those contained in the nomination paper, both\nof the candidate and of 3[the proposer].", "footnote": "", "is_definition": false, "sort_order": 2300 }, { "number": "36", "title": "Section 36(1)", "chapter": null, "content": "(1) On the date fixed for the scrutiny of nominations under\nsection 30, the candidates, their election agents, one proposer 4*** of each candidate, and one other\nperson duly authorised in writing by each candidate , but no other person, may attend at such time and\nplace as the returning officer may appoint; and the returning officer shall give them all reasonable\nfacilities for examining the nomination papers of all candidates which have been delivered within the time\nand in the manner laid down in section 33.", "footnote": "", "is_definition": false, "sort_order": 2310 }, { "number": "36", "title": "Section 36(2)", "chapter": null, "content": "(2) The returning officer shall then examine the nomination papers and shall decide all objections\nwhich may be made to any nomination and may, either on such objection or on his own motion, after such\nsummary inquiry, if any, as he thinks necessary, 5[reject] any nomination on any of the following\ngrounds:—", "footnote": "", "is_definition": false, "sort_order": 2320 }, { "number": "36", "title": "Section 36(2)(a)", "chapter": null, "content": "6[(a) 7[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified\nor is disqualified for being chosen to fill the seat under any of the following provisions that may be\napplicable, namely:—\nArticles 84, 102, 173 and 191, 8***.\n9[Part II of this Act and sections 4 and 14 of the Government of Union Territories\nAct, 1963 (20 of 1963)] 10***; or", "footnote": "20 of 1963", "is_definition": false, "sort_order": 2330 }, { "number": "36", "title": "Section 36(2)(b)", "chapter": null, "content": "(b) that there has been a failure to comply with any of the provisions of section 33 or\nsection 34; or", "footnote": "", "is_definition": false, "sort_order": 2340 }, { "number": "36", "title": "Section 36(2)(c)", "chapter": null, "content": "(c) that the signature of the candidate or the proposer on the nomination paper is not genuine.]", "footnote": "", "is_definition": false, "sort_order": 2350 }, { "number": "36", "title": "Section 36(3)", "chapter": null, "content": "(3) Nothing contained in 11[clause (b) or clause ( c)] of sub -section (2) shall be deemed to authorise\nthe 12[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a\nnomination paper, if the candidate has been duly nominated by means of another nomination paper in\nrespect of which no irregularity has been committed.", "footnote": "", "is_definition": false, "sort_order": 2360 }, { "number": "36", "title": "Section 36(4)", "chapter": null, "content": "(4) The returning officer shall not reject any nomination paper on the ground of any 1*** defect\nwhich is not of a substantial character.", "footnote": "", "is_definition": false, "sort_order": 2370 }, { "number": "36", "title": "Section 36(5)", "chapter": null, "content": "(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under\nclause ( b) of section 30 and shall not allow any adjournment of the proceedings except when such\nproceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:", "footnote": "", "is_definition": false, "sort_order": 2380 }, { "number": "36", "title": "Proviso to Section 36(5)", "chapter": null, "content": "Provided that in case 2[an objection is raised by the returning officer or is made by any other person]\nthe candidate concerned may be allowed time to rebut it not later than the next day but one following the\ndate fixed for scrutiny, and the returning officer shall record his decision on the date to which the\nproceedings have been adjourned.", "footnote": "", "is_definition": false, "sort_order": 2390 }, { "number": "36", "title": "Section 36(6)", "chapter": null, "content": "(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting\nthe same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons\nfor such rejection.", "footnote": "", "is_definition": false, "sort_order": 2400 }, { "number": "36", "title": "Section 36(7)", "chapter": null, "content": "3[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time\nbeing in force of a constituency shall be conclusive evidence of the fact that the person referred to in that\nentry is an elector for that constituency, unless it is proved that he is subject to a disqualification\nmentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).", "footnote": "43 of 1950", "is_definition": false, "sort_order": 2410 }, { "number": "36", "title": "Section 36(8)", "chapter": null, "content": "(8) Immediately after all the nomination papers have been scrutini sed and decisions accepting or\nrejecting the same have been recorded, the returning officer shall prepare a list of validly nominated\ncandidates, that is to say, c andidates whose nominations have been found valid, and affix it to his notice\nboard.]", "footnote": "", "is_definition": false, "sort_order": 2420 }, { "number": "37", "title": "Section 37(1)", "chapter": null, "content": "(1) Any candidate may withdraw his candidature by a notice in\nwriting which shall contain such particulars as may be prescribed and shall be subscribed by him and\ndelivered before three O ’clock in the afternoon on the day fixed under clause ( c) of section 30 to the\nreturning officer either by such candidate in person or by his proposer, 4*** or election agent who has\nbeen authorised in this behalf in writing by such candidate.\n5* * * * *", "footnote": "", "is_definition": false, "sort_order": 2430 }, { "number": "37", "title": "Section 37(2)", "chapter": null, "content": "(2) No person who has given a notice or withdrawal of his candidature under sub -section (1) shall be\nallowed to cancel the notice.", "footnote": "", "is_definition": false, "sort_order": 2440 }, { "number": "37", "title": "Section 37(3)", "chapter": null, "content": "6[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and\nthe identity of the person delivering it under sub -section ( 1), cause the notice to be affixed in some\nconspicuous place in his office.]", "footnote": "", "is_definition": false, "sort_order": 2450 }, { "number": "38", "title": "Section 38(1)", "chapter": null, "content": "(1) Immediately after the expiry of the period\nwithin which candidatures may be withdrawn under sub -section (1) of section 37, the returning officer\nshall prepare and publish in such form and manner as may be prescribed a list of contesting candidates,\nthat is to say, candidates who were included in the list of validly nominated candidates and who have not\nwithdrawn their candidature within the said period.", "footnote": "", "is_definition": false, "sort_order": 2460 }, { "number": "38", "title": "Section 38(2)", "chapter": null, "content": "8[(2) For the purpose of listing the names under sub -section (1), the candidates shall be classified as\nfollows, namely:—", "footnote": "", "is_definition": false, "sort_order": 2470 }, { "number": "38", "title": "Section 38(2)(i)", "chapter": null, "content": "(i) candidates of recognised political parties;", "footnote": "", "is_definition": false, "sort_order": 2480 }, { "number": "38", "title": "Section 38(2)(ii)", "chapter": null, "content": "(ii) candidates of registered political parties other than those mentioned in clause (i);", "footnote": "", "is_definition": false, "sort_order": 2490 }, { "number": "38", "title": "Section 38(2)(iii)", "chapter": null, "content": "(iii) other candidates.", "footnote": "", "is_definition": false, "sort_order": 2500 }, { "number": "38", "title": "Section 38(3)", "chapter": null, "content": "(3) The categories mentioned in sub -section (2) shall be arranged in the order specified therein and\nthe names of candidates in each category shall be arranged in alphabetical order and the addresses of the\ncontesting candidates as given in the nomination papers together with such other particulars as may be\nprescribed].]", "footnote": "", "is_definition": false, "sort_order": 2510 }, { "number": "39", "title": "Section 39(1)", "chapter": null, "content": "(1) As soon as the notification calling upon the\nelected members or the members of the Legislative Assembly of a State or the members of the electoral\ncollege of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by\nnotification in the Official Gazette, appoint—", "footnote": "", "is_definition": false, "sort_order": 2520 }, { "number": "39", "title": "Section 39(1)(a)", "chapter": null, "content": "(a) the last date for making nominations, which shall be the 3[seventh day] after the date of\npublication of the first -mentioned notification or, if that day is a public holiday, the next succeeding\nday which is not a public holiday;", "footnote": "", "is_definition": false, "sort_order": 2530 }, { "number": "39", "title": "Section 39(1)(b)", "chapter": null, "content": "(b) the date for the scrutiny of nominations, which shall be 4[the day immediately following] the\nlast date for making nominations or, if that day is a public holiday, the next succeeding day which is\nnot a public holiday;", "footnote": "", "is_definition": false, "sort_order": 2540 }, { "number": "39", "title": "Section 39(1)(c)", "chapter": null, "content": "(c) the last date for the withdrawal of candidatures, which shall be 5[the second day] after the date\nfor the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not\na public holiday;", "footnote": "", "is_definition": false, "sort_order": 2550 }, { "number": "39", "title": "Section 39(1)(d)", "chapter": null, "content": "(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall\nbe a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and", "footnote": "", "is_definition": false, "sort_order": 2560 }, { "number": "39", "title": "Section 39(1)(e)", "chapter": null, "content": "(e) the date before which the election shall be completed.\n6* * * * *", "footnote": "", "is_definition": false, "sort_order": 2570 }, { "number": "39", "title": "Section 39(2)", "chapter": null, "content": "(2) The provisions of sections 31 to 38, excluding sub -sections ( 2) and ( 5) of section 33\nand 7[clause (a) of sub-section (1) of section 34], shall apply in relation to any such election as they apply\nin relation to an election in any constituency:", "footnote": "", "is_definition": false, "sort_order": 2580 }, { "number": "39", "title": "Proviso to Section 39(2)", "chapter": null, "content": "Provided that—", "footnote": "", "is_definition": false, "sort_order": 2590 }, { "number": "39", "title": "Section 39(2)(a)", "chapter": null, "content": "(a) any references in the said provisions to the electoral roll of the constituency shall , unless the\ncontext otherwise requires, be construed, in the case of an election by the members or the elected\nmembers of the Legislative Assembly of the State, as references to the lift of members of elected\nmembers, as the case may be, of that Assembly maintained under sub -section (1) of section 152, and\nin the case of an election by the members of the electoral college of a 2[Union territory], as references\nto the list of members of such electoral college maintained under sub-section (2) of that section;", "footnote": "", "is_definition": false, "sort_order": 2600 }, { "number": "39", "title": "Section 39(2)(aa)", "chapter": null, "content": "8[(aa) the reference in the opening paragraph of sub -section (1) of section 33 to “an elector of the\nconstituency as proposer” shall be construed as a reference to “ten per cent. of the elected members or\nof the members of the Legislative Assembly of a State or of the members of the electoral college of a\nUnion territory, as the case may be, or ten members concerned, whichever is less, as proposers”:", "footnote": "", "is_definition": false, "sort_order": 2610 }, { "number": "39", "title": "Proviso to Section 39(2)(aa)", "chapter": null, "content": "Provided that where as a result of the calculation of the percentage referred to in this clause, the\nnumber of members arrived at is a fraction and if the fraction so arrived at is more than one -half it\nshall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;]\n1[2[(ab)] in the case of an election to the Legislative Council of a State by the members of the\nLegislative Assembly of that State, clause ( a) of sub -section (2) of section 36 shall be construed as\nincluding a reference to sub-clause (d) of clause (3) of article 171;]", "footnote": "", "is_definition": false, "sort_order": 2620 }, { "number": "39", "title": "Section 39(2)(b)", "chapter": null, "content": "(b) any references in the said provisions to section 30 shall be construed as references to\nsub-section (1) of this section; and", "footnote": "", "is_definition": false, "sort_order": 2630 }, { "number": "39", "title": "Section 39(2)(c)", "chapter": null, "content": "(c) at the time of presenting the nomination paper, the returning officer may require the person\npresenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which\nthe name of the candidate is included or a certified copy of the relevant entries in such roll.]", "footnote": "", "is_definition": false, "sort_order": 2640 }, { "number": "39A", "title": "Section 39A(1)", "chapter": null, "content": "(1) Notwithstanding anything contained in any\nother law for the time being in force, the Election Commission shall, on the basis of the past performance\nof a recognised political party, during elections, allocate equitable sharing of time on the cable television\nnetwork and other electronic media in such manner as may be prescribed to display or propagate any\nelection matter or to address public in connection with an election.", "footnote": "", "is_definition": false, "sort_order": 2650 }, { "number": "39A", "title": "Section 39A(2)", "chapter": null, "content": "(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be\nmade after the publication of list of contesting candidates under section 38 for the election and shall be\nvalid till forty-eight hours before the hour fixed for poll for such election.", "footnote": "", "is_definition": false, "sort_order": 2660 }, { "number": "39A", "title": "Section 39A(3)", "chapter": null, "content": "(3) The allocation of equitable sharing of time under sub -section (1) shall be binding on all political\nparties concerned.", "footnote": "", "is_definition": false, "sort_order": 2670 }, { "number": "39A", "title": "Section 39A(4)", "chapter": null, "content": "(4) The Election Commission may, for the purpose s of this section, make code of conduct for cable\noperators and electronic media and the cable operators and every person managing or responsible for the\nmanagement of the electronic media shall abide by such code of conduct.", "footnote": "", "is_definition": false, "sort_order": 2680 }, { "number": "39A", "title": "Explanation to Section 39A(4)", "chapter": null, "content": "Explanation.—For the purposes of this section,—", "footnote": "", "is_definition": false, "sort_order": 2690 }, { "number": "39A", "title": "Section 39A(4)(a)", "chapter": null, "content": "(a) “electronic media” includes radio and any other broadcasting media notified by the Central\nGovernment in the Official Gazette;", "footnote": "", "is_definition": false, "sort_order": 2700 }, { "number": "39A", "title": "Section 39A(4)(b)", "chapter": null, "content": "(b) “cable television network ” and “cable operator” have the meanings respectively assigned to\nthem under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).]", "footnote": "7 of 1995", "is_definition": false, "sort_order": 2710 }, { "number": "273", "title": "CHAPTER II - CANDIDATES AND THEIR AGENTS", "chapter": "CHAPTER II", "content": "", "footnote": "", "is_definition": false, "sort_order": 2720 }, { "number": "40", "title": "Section 40. Election agents", "chapter": null, "content": "A candidate at an election may appoint in the prescribed manner any one\nperson other than himself to be his election agent and when any such appointment is made, notice of the\nappointment shall be given in the prescribed manner to the returning officer.]", "footnote": "", "is_definition": false, "sort_order": 2730 }, { "number": "41", "title": "Section 41. Disqualification for being an election agent", "chapter": null, "content": "Any person who is for the time being\ndisqualified under the Constitution or under this Act for being a member of either House of Parliament or\nthe House or either House of the Legislature of a State or for voting at elections, shall, so long as the\ndisqualification subsists, also be disqualified for being an election agent at any election.]", "footnote": "", "is_definition": false, "sort_order": 2740 }, { "number": "42", "title": "Section 42(1)", "chapter": null, "content": "(1) Any revocation of the\nappointment of an election agent, 6*** shall be signed by the candidate, and shall operate from the date on\nwhich it is lodged with the returning officer.", "footnote": "", "is_definition": false, "sort_order": 2750 }, { "number": "42", "title": "Section 42(2)", "chapter": null, "content": "7[(2) In the event of such a revocation or of the death of an election agent whether that event occurs\nbefore or during the election, or after the election but before the account of the candidate ’s election\nexpenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in\nthe prescribed manner another person to be his election agent and when such appointment is made notice\nof the appointment shall be given in the prescribed manner to the returning officer.]", "footnote": "", "is_definition": false, "sort_order": 2760 }, { "number": "43", "title": "Section 43. [Effect of default in appointment of election agent under section 42 .]", "chapter": null, "content": "Omitted by the\nRepresentation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25 (w.e.f. 28-8-1956).", "footnote": "27 of 1956", "is_definition": false, "sort_order": 2770 }, { "number": "44", "title": "Section 44. [Duty of the election agent to keep accounts.]", "chapter": null, "content": "Omitted by s. 25, ibid. (w.e.f. 28-8-1956).", "footnote": "", "is_definition": false, "sort_order": 2780 }, { "number": "45", "title": "Section 45. Functions of election agents", "chapter": null, "content": "An election agent may perform such functions in connection\nwith the election as are authorised by or under this Act to be performed by an election agent.]", "footnote": "", "is_definition": false, "sort_order": 2790 }, { "number": "46", "title": "Section 46. Appointment of polling agents", "chapter": null, "content": "A contesting candidate or his election agent may appoint in\nthe prescribed manner such number of agents and relief agents as may be prescribed to act as polling\nagents of such candidate at each polling station provided under section 25 or at the place fixed under\nsub-section (1) of section 29 for the poll.]", "footnote": "", "is_definition": false, "sort_order": 2800 }, { "number": "47", "title": "Section 47. Appointment of counting agents", "chapter": null, "content": "A contesting candidate or his election agent may appoint in\nthe prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the\npresent as his counting agent or agents at the counting of votes, and when any such appointment is made\nnotice of the appointment shall be given in the prescribed manner to the returning officer.]", "footnote": "", "is_definition": false, "sort_order": 2810 }, { "number": "48", "title": "Section 48(1)", "chapter": null, "content": "(1) Any\nrevocation of the appointment of a polling agent shall be signed by the candidate or his election agent and\nshall operate from the date on which it is lodged with such officer as may be prescribed, and in the event\nof such a revocation or of the death of a polling agent before the close of the poll, the candidate or his\nelection agent may appoint in the prescribed manner another polling agent at any time before the poll is\nclosed and shall forthwith give notice of such appointment in the prescribed manner to such officer as\nmay be prescribed.", "footnote": "", "is_definition": false, "sort_order": 2820 }, { "number": "48", "title": "Section 48(2)", "chapter": null, "content": "(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his\nelection agent and shall operate from the date on which it is lodged with the returning officer, and in the\nevent of such revocation or of the death of a counting agent before the commencement of the counting of\nvotes, the candidate or his election agent may appoint in the prescribed manner another counting agent at\nany time before the counting of votes is commenced and shall forthwith give notice of such appointment\nin the prescribed manner to the returning officer.", "footnote": "", "is_definition": false, "sort_order": 2830 }, { "number": "49", "title": "Section 49(1)", "chapter": null, "content": "(1) A polling agent may perform such\nfunctions in connection with the poll as are authorised by or under this Act to be performed by a polling\nagent.", "footnote": "", "is_definition": false, "sort_order": 2840 }, { "number": "49", "title": "Section 49(2)", "chapter": null, "content": "(2) A counting agent may perform such functions in connection with the counting of votes as are\nauthorised by or under this Act to be performed by a counting agent.", "footnote": "", "is_definition": false, "sort_order": 2850 }, { "number": "50", "title": "Section 50(1)", "chapter": null, "content": "(1) At every election\nwhere a poll is taken, each 4[contesting candidate] at such election and his election agent shall have a\nright to be present at any polling station provided under section 25 for the taking of the poll or at the place\nfixed under sub-section (1) of section 29 for the poll.", "footnote": "", "is_definition": false, "sort_order": 2860 }, { "number": "50", "title": "Section 50(2)", "chapter": null, "content": "(2) A 4[contesting candidate] or his election agent may himself do any act or thing which any polling\nagent or the counting agent of such 4[contesting candidate] if appointed, would have been authorised by\nor under this Act to do, or may assist any polling agent or the counting agent of such 4[contesting\ncandidate] in doing any such act or thing.", "footnote": "", "is_definition": false, "sort_order": 2870 }, { "number": "51", "title": "Section 51. Non", "chapter": null, "content": "attendance of polling or counting agents .—Where any act or thing is required or\nauthorised by or under this Act to be done in the presence of the polling or counting agents, the\nnon-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the\nact or thing is otherwise duly done, invalidate the act or thing done.", "footnote": "", "is_definition": false, "sort_order": 2880 }, { "number": "290", "title": "CHAPTER III - GENERAL PROCEDURE AT ELECTIONS", "chapter": "CHAPTER III", "content": "", "footnote": "", "is_definition": false, "sort_order": 2890 }, { "number": "52", "title": "Section 52(1)", "chapter": null, "content": "(1) If a candidate, set up by\na recognised political party,—", "footnote": "", "is_definition": false, "sort_order": 2900 }, { "number": "52", "title": "Section 52(1)(a)", "chapter": null, "content": "(a) dies at any time after 11.00 A.M. on the last date for making nomination and his nomination is\nfound valid on scrutiny under section 36; or", "footnote": "", "is_definition": false, "sort_order": 2910 }, { "number": "52", "title": "Section 52(1)(b)", "chapter": null, "content": "(b) whose nomination has been found va lid on scrutiny under section 3 6 and who has not\nwithdrawn his candidature under section 37, dies,\nand in either case, a report of his death is received at any time before the publication of t he list of\ncontesting candidate under section 38; or", "footnote": "", "is_definition": false, "sort_order": 2920 }, { "number": "52", "title": "Section 52(1)(c)", "chapter": null, "content": "(c) dies as a contesting candidate and a report of his death is received before the commencement\nof the poll,\nthe returning officer shall, upon being satisfied about the fact of the d eath of the candidate, by order ,\nannounce an adjournment of the poll to a date to be notified later and report the fact to the Election\nCommission and also to the appropriate authority:", "footnote": "", "is_definition": false, "sort_order": 2930 }, { "number": "52", "title": "Proviso to Section 52(1)(c)", "chapter": null, "content": "Provided that no order for adjourning a poll should be made in a case referred to in clause ( a) except\nafter the scrutiny of all the nominations including the nomination of the deceased candidate.", "footnote": "", "is_definition": false, "sort_order": 2940 }, { "number": "52", "title": "Section 52(2)", "chapter": null, "content": "(2) The Election Commission shall, on receipt of a report from the returning officer under\nsub-section (1), call upon the recognised political party, whose candidate has died, to nominate another\ncandidate for the said poll within seven days of issue of such notice to such recognised political party and\nthe provisions of sections 30 to 3 7 shall, so far as may be, apply in relation to such nomination as they\nwould apply to other nominations:", "footnote": "", "is_definition": false, "sort_order": 2950 }, { "number": "52", "title": "Proviso to Section 52(2)", "chapter": null, "content": "Provided that no person who has given a notice of withdrawal of his candidature under\nsub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as\na candidate for election after such adjournment.", "footnote": "", "is_definition": false, "sort_order": 2960 }, { "number": "52", "title": "Section 52(3)", "chapter": null, "content": "(3) Where a list of contesting candidates had been published under section 38 before the adjournment\nof the poll under sub -section ( 1), the returning officer shall again prepare and publish a fresh list of\ncontesting candidates under that section so as to include the name of the candidate who has been validly\nnominated under sub-section (2).", "footnote": "", "is_definition": false, "sort_order": 2970 }, { "number": "52", "title": "Explanation to Section 52(3)", "chapter": null, "content": "Explanation.—For the purposes of this section, sections 33 and 38, “recognised political party ”,\nmeans a political party recognised, by the Election Commission under the Election Symbols (Reservation\nand Allotment) Order, 1968.]", "footnote": "", "is_definition": false, "sort_order": 2980 }, { "number": "53", "title": "Section 53(1)", "chapter": null, "content": "2[(1) If the number of contesting\ncandidates is more than the number of seats to be filled, a poll shall be taken.]", "footnote": "", "is_definition": false, "sort_order": 2990 }, { "number": "53", "title": "Section 53(2)", "chapter": null, "content": "(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer\nshall forthwith declare all such candidates to be duly elected to fill those seats.", "footnote": "", "is_definition": false, "sort_order": 3000 }, { "number": "53", "title": "Section 53(3)", "chapter": null, "content": "(3) If the number of such candidates is less than the number of seats to be filled, the returning officer\nshall forthwith declare all such candidates to be elected and the 3[Election Commission] shall , by\nnotification in the Official Gazette , call upon the constituency or the elected members or the members of\nthe State Legislative Assembly or the members of the electoral college concerned 1*** as the case may be, to\nelect a person or persons to fill the remaining seat or seats 2***:", "footnote": "", "is_definition": false, "sort_order": 3010 }, { "number": "53", "title": "Proviso to Section 53(3)", "chapter": null, "content": "Provided that where the constituency or the elected members or the members of the State Legislative\nAssembly or the members of the electoral college 3*** having already been called upon under this sub-section,\nhas or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or\nvacancies, the 4[Election Commission] shall not be bound to call again upon the cons tituency, or such\nmembers to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure\non the part of the constituency of such members].", "footnote": "", "is_definition": false, "sort_order": 3020 }, { "number": "54", "title": "Section 54. [Special procedure at elections in constituencies where seats are reserved for Sche duled Caste or \nScheduled Tribes.]", "chapter": null, "content": "Omitted by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12\n(w.e.f. 20-9-1961).", "footnote": "40 of 1961", "is_definition": false, "sort_order": 3030 }, { "number": "55", "title": "Section 55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for \nthose castes or tribes", "chapter": null, "content": "For the avoidance of doubt it is hereby declared that a member of the Scheduled\nCastes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those\ncastes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 6[or under the\nGovernment of Union Territories Act, 1963 (20 of 1963), as the case may be].", "footnote": "20 of 1963", "is_definition": false, "sort_order": 3040 }, { "number": "55A", "title": "Section 55A. [Retirement from contest at elections in Parliamentary and Assembly constituencies.]", "chapter": null, "content": "Omitted by the\nRepresentation of the People (Amendment) Act, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958).", "footnote": "58 of 1958", "is_definition": false, "sort_order": 3050 }, { "number": "307", "title": "CHAPTER IV - THE POLL", "chapter": "CHAPTER IV", "content": "", "footnote": "", "is_definition": false, "sort_order": 3060 }, { "number": "56", "title": "Section 56. Fixing time for poll", "chapter": null, "content": "The 7[Election Commission] shall fix the hours during which the poll will be\ntaken; and the hours so fixed shall be published in such manner as may be prescribed:", "footnote": "", "is_definition": false, "sort_order": 3070 }, { "number": "56", "title": "Proviso to Section 56", "chapter": null, "content": "Provided that the total period allotted on any one day for polling at an election in 8[a Parliamentary or\nAssembly constituency] shall not be less than eight hours.", "footnote": "", "is_definition": false, "sort_order": 3080 }, { "number": "57", "title": "Section 57(1)", "chapter": null, "content": "(1) If at an election the proceedings at any polling station\nprovided under section 25 or at the place fixed under sub -section (1) of section 29 for the poll are interrupted\nor obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling\nstation or such place on account of any natural calamity, or any other sufficient cause the presiding officer for\nsuch polling station or the returning officer presiding over such place, as the case may be, shall announce an\nadjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer,\nhe shall forthwith inform the returning officer concerned.", "footnote": "", "is_definition": false, "sort_order": 3090 }, { "number": "57", "title": "Section 57(2)", "chapter": null, "content": "(2) Whenever a poll is adjourned under sub -section (1), the returning officer shall immediately report the\ncircumstances to the appropriate authority and the Election Commission, and shall, as soon as may be, with the\nprevious approval of the Election Commission , appoint the day on which the poll shall recommence, and fix\nthe polling station or place at which and the hours during which, the poll will be taken, and shall not count the\nvotes cast at such election until such adjourned poll shall have been completed.", "footnote": "", "is_definition": false, "sort_order": 3100 }, { "number": "57", "title": "Section 57(3)", "chapter": null, "content": "(3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election\nCommission may direct the date, place and hours of polling fixed under sub-section (2).", "footnote": "", "is_definition": false, "sort_order": 3110 }, { "number": "58", "title": "Section 58(1)", "chapter": null, "content": "(1) If at any election,—", "footnote": "", "is_definition": false, "sort_order": 3120 }, { "number": "58", "title": "Section 58(1)(a)", "chapter": null, "content": "(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the\ncustody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or\nlost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station\nor place cannot be ascertained; or", "footnote": "", "is_definition": false, "sort_order": 3130 }, { "number": "58", "title": "Section 58(1)(aa)", "chapter": null, "content": "1[(aa) any voting machine develops a mechanical failure during the course of the recording of\nvotes; or]", "footnote": "", "is_definition": false, "sort_order": 3140 }, { "number": "58", "title": "Section 58(1)(b)", "chapter": null, "content": "(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a\npolling station or at a place fixed for the poll,\nthe returning officer shall forthwith report the matter to the Election Commission.", "footnote": "", "is_definition": false, "sort_order": 3150 }, { "number": "58", "title": "Section 58(2)", "chapter": null, "content": "(2) Thereupon the Election Commission shall, after taking all material circumstances into\naccount; either—", "footnote": "", "is_definition": false, "sort_order": 3160 }, { "number": "58", "title": "Section 58(2)(a)", "chapter": null, "content": "(a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for\ntaking a fresh poll at that polling station or place and notify the day so appointed and the hours so\nfixed in such manner as it may deem fit, or", "footnote": "", "is_definition": false, "sort_order": 3170 }, { "number": "58", "title": "Section 58(2)(b)", "chapter": null, "content": "(b) if satisfied that the result of a fresh poll at that polling station or place will not , in anyway,\naffect the result of the election or that 1[the mechanical failure of the voting machine or] the error or\nirregularity in procedure is not material, issue such directions to the returning officer as it may deem\nproper for the further conduct and completion of the election.", "footnote": "", "is_definition": false, "sort_order": 3180 }, { "number": "58", "title": "Section 58(3)", "chapter": null, "content": "(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such\nfresh poll as they apply to the original poll.]", "footnote": "", "is_definition": false, "sort_order": 3190 }, { "number": "58A", "title": "Section 58A(1)", "chapter": null, "content": "(1) If at any election,—", "footnote": "", "is_definition": false, "sort_order": 3200 }, { "number": "58A", "title": "Section 58A(1)(a)", "chapter": null, "content": "(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in\nthis section referred to as a place) in such a manner that the result of the poll at that polling station or\nplace cannot be ascertained; or", "footnote": "", "is_definition": false, "sort_order": 3210 }, { "number": "58A", "title": "Section 58A(1)(b)", "chapter": null, "content": "(b) booth capturing takes place in any place for counting of votes in such a manner that the result\nof the counting at that place cannot be ascertained,\nthe returning officer shall forthwith report the matter to the Election Commission.", "footnote": "", "is_definition": false, "sort_order": 3220 }, { "number": "58A", "title": "Section 58A(2)", "chapter": null, "content": "(2) The Election Commission shall, on the receipt of a report from the returning officer under\nsub-section (1) and after taking all material circumstances into account, either—", "footnote": "", "is_definition": false, "sort_order": 3230 }, { "number": "58A", "title": "Section 58A(2)(a)", "chapter": null, "content": "(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours,\nfor taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed\nin such manner as it may deem fit; or", "footnote": "", "is_definition": false, "sort_order": 3240 }, { "number": "58A", "title": "Section 58A(2)(b)", "chapter": null, "content": "(b) if satisfied that in view of the large number of polling stations or places involved in booth\ncapturing the result of the election is likely to be affected, or that booth capturing had affected\ncounting of votes in such a manner as to affect the result of the election, countermand the election in\nthat constituency.", "footnote": "", "is_definition": false, "sort_order": 3250 }, { "number": "58A", "title": "Explanation to Section 58A(2)(b)", "chapter": null, "content": "Explanation.—In this section, “booth capturing” shall have the same meaning as in section 135A.]", "footnote": "", "is_definition": false, "sort_order": 3260 }, { "number": "59", "title": "Section 59. Manner of voting at elections", "chapter": null, "content": "At every election where a poll is taken votes shall be given by\nballot in such manner as may be prescribed, 3[and, save as expressly provided by this Act, no votes shall\nbe received by proxy]:", "footnote": "", "is_definition": false, "sort_order": 3270 }, { "number": "59", "title": "Proviso to Section 59", "chapter": null, "content": "1[Provided that the votes at every election to fill a seat or seats in the Council of States shall be given\nby open ballot.]", "footnote": "", "is_definition": false, "sort_order": 3280 }, { "number": "60", "title": "Section 60. Special procedure for voting by certain classes of persons", "chapter": null, "content": "Without prejudice to the\ngenerality of the provisions contained in section 59, provision may be made, by rules made under this\nAct, for enabling,—", "footnote": "", "is_definition": false, "sort_order": 3290 }, { "number": "60", "title": "Section 60(a)", "chapter": null, "content": "(a) any of the persons as is referred to in clause ( a) or clause ( b) of sub-section (8) of section 20\nof the Representation of the People Act, 1950 (43 of 1950) (hereinafter in this section referred to as\nthe 1950 Act) to give his vote either in person or by postal ballot or by proxy, and not in any other\nmanner, at an election in a constituency where poll is taken;", "footnote": "43 of 1950", "is_definition": false, "sort_order": 3300 }, { "number": "60", "title": "Section 60(b)", "chapter": null, "content": "(b) any of the following persons to give his vote either in person or by postal ballot, and not in\nany other manner, at an election in a constituency where a poll is taken, namely:—", "footnote": "", "is_definition": false, "sort_order": 3310 }, { "number": "60", "title": "Section 60(i)", "chapter": null, "content": "(i) any person as is referred to in clause ( c) or clause ( d) of sub -section (8) of section 20 of\nthe 1950-Act;", "footnote": "", "is_definition": false, "sort_order": 3320 }, { "number": "60", "title": "Section 60(ii)", "chapter": null, "content": "(ii) the 3[spouse] of any such person to whom the provisions of sub -section (3) of section 20\nof the 1950 Act apply and such 2[spouse] being ordinarily residing with that person in terms of\nsub-section (6) of that section;", "footnote": "", "is_definition": false, "sort_order": 3330 }, { "number": "60", "title": "Section 60(c)", "chapter": null, "content": "(c) any person belonging to a class of persons notified by the Election Commission in\nconsultation with the Government to give his vote by postal ballot, and not in any other manner, at an\nelection in a constituency where a poll is taken subject to the fulfil ment of such requirements as may\nbe specified in those rules;", "footnote": "", "is_definition": false, "sort_order": 3340 }, { "number": "60", "title": "Section 60(d)", "chapter": null, "content": "(d) any person subjected to preventive detention under any law for the time being in force to give\nhis vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is\ntaken, subject to the fulfilment of such requirements as may be specified in those rules.]", "footnote": "", "is_definition": false, "sort_order": 3350 }, { "number": "61", "title": "Section 61. Special procedure for preventing personation of electors", "chapter": null, "content": "With a view to preventing\npersonation of electors provision may be made by rules made under this Act:—", "footnote": "", "is_definition": false, "sort_order": 3360 }, { "number": "61", "title": "Section 61(a)", "chapter": null, "content": "(a) for the making with indelible ink of the thumb or any other finger of every elector who applies\nfor a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such\npaper or papers to him;", "footnote": "", "is_definition": false, "sort_order": 3370 }, { "number": "61", "title": "Section 61(b)", "chapter": null, "content": "(b) for the production before the presiding officer or a polling officer of a polling station by every\nsuch elector as aforesaid of identity card before the delivery of a ballot paper or ballot papers to him if\nunder rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950),\nelectors of the constituency in which the polling station is situated have been supplied with identity\ncards with or without their respecting photographs attached thereto; and", "footnote": "43 of 1950", "is_definition": false, "sort_order": 3380 }, { "number": "61", "title": "Section 61(c)", "chapter": null, "content": "(c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if\nat the time such person applies for such paper he has already such a mark on his thumb or any other\nfinger or does not produce on demand his identity card before the presiding officer or a polling officer\nof the polling station].", "footnote": "", "is_definition": false, "sort_order": 3390 }, { "number": "61A", "title": "Section 61A. Voting machines at elections", "chapter": null, "content": "Notwithstanding anything contained in this Act or the rules\nmade thereunder, the giving and recording of votes by voting machines in such manner as may be\nprescribed, may be adopted in such constituency or constituencies as the Election Commission may,\nhaving regard to the circumstances of each case, specify.", "footnote": "", "is_definition": false, "sort_order": 3400 }, { "number": "61A", "title": "Explanation to Section 61A", "chapter": null, "content": "Explanation.—For the purpose of this section, “voting machine” means any machine or apparatus\nwhether operated electronically or otherwise used for giving or recording of votes and any reference to a\nballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be\nconstrued as including a reference to such voting machine wherever such voting machine is used at any\nelection.]", "footnote": "", "is_definition": false, "sort_order": 3410 }, { "number": "62", "title": "Section 62(1)", "chapter": null, "content": "(1) No person who is not, and except as expressly provided by th is Act, every\nperson who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote\nin that constituency.", "footnote": "", "is_definition": false, "sort_order": 3420 }, { "number": "62", "title": "Section 62(2)", "chapter": null, "content": "(2) No person shall vote at an election in any constituency if he is subject to any of the\ndisqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).", "footnote": "43 of 1950", "is_definition": false, "sort_order": 3430 }, { "number": "62", "title": "Section 62(3)", "chapter": null, "content": "(3) No person shall vote at a general election in more than one constituency of the same class, and if a\nperson votes in more than one such constituency, his votes in all such constituencies shall be void.", "footnote": "", "is_definition": false, "sort_order": 3440 }, { "number": "62", "title": "Section 62(4)", "chapter": null, "content": "(4) No person shall at any election vote in the same c onstituency more than once, not withstanding\nthat his name may have been registered in the electoral roll for that constituency more than once, and if he\ndoes so vote, all his votes in that constituency shall be void.", "footnote": "", "is_definition": false, "sort_order": 3450 }, { "number": "62", "title": "Section 62(5)", "chapter": null, "content": "(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of\nimprisonment or transportation or otherwise, or is in the lawful custody of the police:", "footnote": "", "is_definition": false, "sort_order": 3460 }, { "number": "62", "title": "Proviso to Section 62(5)", "chapter": null, "content": "Provided that nothing in this sub -section shall apply to a person subjected to preventive detention\nunder any law for the time being in force.", "footnote": "", "is_definition": false, "sort_order": 3470 }, { "number": "62", "title": "Proviso to Section 62(5)", "chapter": null, "content": "1[Provided further that by reason of the prohibition to vote under this sub -section, a person whose\nname has been entered in the electoral roll shall not cease to be an elector.]", "footnote": "", "is_definition": false, "sort_order": 3480 }, { "number": "62", "title": "Section 62(6)", "chapter": null, "content": "2[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to\nvote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.]", "footnote": "", "is_definition": false, "sort_order": 3490 }, { "number": "63", "title": "Section 63. [Method of voting .]", "chapter": null, "content": "Omitted by the Representation of the People (Amendment) Act, 1961\n(40 of 1961), s. 14 (w.e.f. 20-9-1961).", "footnote": "40 of 1961", "is_definition": false, "sort_order": 3500 }, { "number": "352", "title": "CHAPTER V - COUNTING OF VOTES", "chapter": "CHAPTER V", "content": "", "footnote": "", "is_definition": false, "sort_order": 3510 }, { "number": "64", "title": "Section 64. Counting of votes", "chapter": null, "content": "At every election where a poll is taken, votes shall be counted by or under\nthe 3[supervision and direction] of, the returning officer, and each 4[contesting candidate], his election\nagent and his 5[counting agents], shall have a right to be present at the time of counting.", "footnote": "", "is_definition": false, "sort_order": 3520 }, { "number": "64A", "title": "Section 64A(1)", "chapter": null, "content": "(1) If at any time before\nthe counting of votes is completed any ballot papers used at a polling station or at a place fixed for the\npoll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally\ndestroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that\npolling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the\nElection Commission.", "footnote": "", "is_definition": false, "sort_order": 3530 }, { "number": "64A", "title": "Section 64A(2)", "chapter": null, "content": "(2) Thereupon, the Election Commission shall, after taking all material circumstances into account,\neither—", "footnote": "", "is_definition": false, "sort_order": 3540 }, { "number": "64A", "title": "Section 64A(2)(a)", "chapter": null, "content": "(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or\nplace to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place\nand notify the date so appointed and hours so fixed in such manner as it may deem fit, or", "footnote": "", "is_definition": false, "sort_order": 3550 }, { "number": "64A", "title": "Section 64A(2)(b)", "chapter": null, "content": "(b) if satisfied that the result of a fresh poll at that polling station or place will not , in any way,\naffect the result of the election, issue such directions to the returning officer as it may deem proper for\nthe resumption and completion of the counting and for the further conduct and completion of the\nelection in relation to which the votes have been counted.", "footnote": "", "is_definition": false, "sort_order": 3560 }, { "number": "64A", "title": "Section 64A(3)", "chapter": null, "content": "(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such\nfresh poll as the apply to the original poll.]", "footnote": "", "is_definition": false, "sort_order": 3570 }, { "number": "65", "title": "Section 65. Equality of votes", "chapter": null, "content": "If, after the counting of the votes is completed, an equality of votes is found\nto exist between any candidates, and the addition of one vote will entitle any of those candidates to be\ndeclared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed\nas if the candidate on whom the lot falls had received an additional vote.", "footnote": "", "is_definition": false, "sort_order": 3580 }, { "number": "66", "title": "Section 66. Declaration of results", "chapter": null, "content": "When the counting of the votes has been completed, the returning\nofficer 1[shall, in the absence of any direction by the Election Commission to the contrary, forthwith\ndeclare] the result of the election in the manner provided by this Act or the rules made thereunder.", "footnote": "", "is_definition": false, "sort_order": 3590 }, { "number": "67", "title": "Section 67. Report of the result", "chapter": null, "content": "As soon as may be after the result of an election has been declared, the\nreturning officer shall report the result to the appropriate authority and the Election Commission, and in\nthe case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of\nthat House, and the appropriate authority shall cause to be published in the Official Gazette the\ndeclarations containing the names of the elected candidates.", "footnote": "", "is_definition": false, "sort_order": 3600 }, { "number": "67A", "title": "Section 67A. Date of election of candidate", "chapter": null, "content": "For the purposes of this Act, the date on which candidate is\ndeclared by the returning officer under the provisions of section 53, 3***, 4***, or section 66, to be\nelected to a House of Parliament or of the Legislature of a State 5*** shall be the date of election of that\ncandidate.]", "footnote": "", "is_definition": false, "sort_order": 3610 }, { "number": "363", "title": "CHAPTER VI - MULTIPLE ELECTIONS", "chapter": "CHAPTER VI", "content": "", "footnote": "", "is_definition": false, "sort_order": 3620 }, { "number": "68", "title": "Section 68(1)", "chapter": null, "content": "(1) Any person who is chosen\na member of both the Houses of the People and the Council of States and who has not taken his seat in\neither House may, by notice in writing signed by him and delivered to the Secretary to the Election\nCommission 6[within ten days from the date, or the later of the dates, on which he is so chosen, intimate]\nin which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish\nto serve shall become vacant.", "footnote": "", "is_definition": false, "sort_order": 3630 }, { "number": "68", "title": "Section 68(2)", "chapter": null, "content": "(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at\nthe expiration of that period, become vacant.", "footnote": "", "is_definition": false, "sort_order": 3640 }, { "number": "68", "title": "Section 68(3)", "chapter": null, "content": "(3) Any intimation given under sub-section (1) shall be final and irrevocable.", "footnote": "", "is_definition": false, "sort_order": 3650 }, { "number": "68", "title": "Section 68(4)", "chapter": null, "content": "7[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a\nmember if either House of Parliament shall be in the case of an elected member, the date of his election\nand in the case of a nominated member, the date of first publication in the Gazette of India of his\nnomination.]", "footnote": "", "is_definition": false, "sort_order": 3660 }, { "number": "69", "title": "Section 69(1)", "chapter": null, "content": "(1) If a person who is already a member of the House of the People and has taken his\nseat in such House is chosen a member of the Council of States, his seat in the House of the People shall,\n8[on the date on which he is so chosen], become vacant.", "footnote": "", "is_definition": false, "sort_order": 3670 }, { "number": "69", "title": "Section 69(2)", "chapter": null, "content": "(2) If a person who is already a member of the Council of Sta tes and has taken his seat in\nsuch Council is chosen a member of the House of the People, his seat in the Council of States\nshall, 8[on the date on which he is so chosen], become vacant.", "footnote": "", "is_definition": false, "sort_order": 3680 }, { "number": "70", "title": "Section 70. Election to more than one seat in either House of Parliament or in the House or either \nHouse of the Legislature of a State", "chapter": null, "content": "If a person is elected to more than one seat in either House of\nParliament or in the House or either House of the Legislature of a State, then, unless within the prescribed\ntime he resigns all but one of the seats 1[by writing under his hand addressed to the Speaker or Chairman,\nas the case may be, or to such other authority or officer as may be prescribed], all the seats shall become\nvacant.", "footnote": "", "is_definition": false, "sort_order": 3690 }, { "number": "371", "title": "CHAPTER VII - PUBLICATION OF ELECTION RESULT AND NOMINATION", "chapter": "CHAPTER VII", "content": "", "footnote": "", "is_definition": false, "sort_order": 3700 }, { "number": "71", "title": "Section 71. Publication of results of elections to the Council of States and of names of persons \nnominated by the President", "chapter": null, "content": "After the elections held in any year in pursuance of the notifications\nissued under section 12, there shall be notified by the appropriate authority in the Official Gazette the\nnames of members elected by the elected members of the Legislative Assemblies of the Sta tes and by the\nmembers of the electoral colleges for the various 3[Union territories] at the said elections together with the\nname of any persons nominated by the President to the Council of States under sub -clause ( a) of\nclause (1) of article 80 or under any other provisions.", "footnote": "", "is_definition": false, "sort_order": 3710 }, { "number": "72", "title": "Section 72. [Publication of results of elections for the reconstitution of electoral college s for certain Union \nterritories.]", "chapter": null, "content": "Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).", "footnote": "103 of 1956", "is_definition": false, "sort_order": 3720 }, { "number": "73", "title": "Section 73. Publication of results of general elections to the House of the People and the State Legislative \nAssemblies and of names of persons nominated thereto", "chapter": null, "content": "Where a general election is held for the purpose\nof constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 4[the\nElection Commission] in the Official Gazette, as soon as may be after 5[the results of the elections in all the\nconstituencies] [other than th ose in which the poll could not be taken for any reason on the date originally\nfixed under clause ( d) of section 30 or for which the time for completion of the election has been extended\nunder the provisions of section 153] have been declared by the returning officer under the provisions of section\n53 or, as the case may be , section 66, the names of the members elected for those constituencies] 6*** and\nupon the issue of such notification that House or Assembly shall be deemed to be duly constituted:—", "footnote": "", "is_definition": false, "sort_order": 3730 }, { "number": "73", "title": "Proviso to Section 73", "chapter": null, "content": "Provided that the issue of such notification shall not be deemed—", "footnote": "", "is_definition": false, "sort_order": 3740 }, { "number": "73", "title": "Section 73(a)", "chapter": null, "content": "7[(a) to preclude—", "footnote": "", "is_definition": false, "sort_order": 3750 }, { "number": "73", "title": "Section 73(i)", "chapter": null, "content": "(i) the taking of the poll and the completion of the election in any Parliamentary or Assembly\nconstituency or constituencies in which the poll could not be taken for any reason on the date\noriginally fixed under clause (d) of section 30; or", "footnote": "", "is_definition": false, "sort_order": 3760 }, { "number": "73", "title": "Section 73(ii)", "chapter": null, "content": "(ii) the completion of the election in any Parliamentary or Assembly constituency or\nconstituencies for which time has been extended under the provisions of section 153; or]", "footnote": "", "is_definition": false, "sort_order": 3770 }, { "number": "73", "title": "Section 73(b)", "chapter": null, "content": "(b) to affect the duration of the House of the People or the State Legislative Assembly, if any,\nfunctioning immediately before the issue of the said notification.", "footnote": "", "is_definition": false, "sort_order": 3780 }, { "number": "73A", "title": "Section 73A. Special provisions as to certain elections", "chapter": null, "content": "Notwithstanding anything contained in section 73 or\nin any other provision of this Act, with respect to the general election for the purpose of constituting a New\nHouse of the People upon dissolution of the Ninth House of the People,—", "footnote": "", "is_definition": false, "sort_order": 3790 }, { "number": "73A", "title": "Section 73A(a)", "chapter": null, "content": "(a) the notification under section 73 may be issued without taking into account the Parliamentary\nconstituencies in the State of Jammu and Kashmir; and", "footnote": "", "is_definition": false, "sort_order": 3800 }, { "number": "73A", "title": "Section 73A(b)", "chapter": null, "content": "(b) the Election Commission may take the steps in relation to election s from the Parliame ntary\nconstituencies in the State of Jammu and Kashmir separately and in such manner and on such date or dates\nas it may deem appropriate.]", "footnote": "", "is_definition": false, "sort_order": 3810 }, { "number": "74", "title": "Section 74. Publication of results of elections to the State Legislative Councils and of names of persons \nnominated to such Councils", "chapter": null, "content": "After the elections held 1[in pursuance of the notifications issued under\nsection 15A or] in any year in pursuance of the notifications issued under section 16, there shall be\nnotified by the appropriate authority in the Official Gazette the names of the members elected for the\nvarious Council constituencies and by the members of the Legislative Assembly of the State at the said\nelections together with the names of any persons nominated by the Governor 2*** under sub-clause (e) of\nclause (3) of article 171.]", "footnote": "", "is_definition": false, "sort_order": 3820 }, { "number": "384", "title": "CHAPTER VIIA - DECLARATION OF ASSETS AND LIABILITIES", "chapter": "CHAPTER VIIA", "content": "", "footnote": "", "is_definition": false, "sort_order": 3830 }, { "number": "75A", "title": "Section 75A(1)", "chapter": null, "content": "(1) Every elected candidate for a House of Parliament\nshall, within ninety days from the date on which he makes and subscribes an oath or affirmation,\naccording to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat\nin either House of Parliament, furnish the information, relating to—", "footnote": "", "is_definition": false, "sort_order": 3840 }, { "number": "75A", "title": "Section 75A(1)(i)", "chapter": null, "content": "(i) the movable and immovable property of which he, his spouse and his dependant children are\njointly or severally owners or beneficiaries;", "footnote": "", "is_definition": false, "sort_order": 3850 }, { "number": "75A", "title": "Section 75A(1)(ii)", "chapter": null, "content": "(ii) his liabilities to any public financial institution; and", "footnote": "", "is_definition": false, "sort_order": 3860 }, { "number": "75A", "title": "Section 75A(1)(iii)", "chapter": null, "content": "(iii) his liabilities to the Central Government or the State Government, to the Chairman of the\nCouncil of States or the Speaker of the House of the People, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 3870 }, { "number": "75A", "title": "Section 75A(2)", "chapter": null, "content": "(2) The information under sub-section (1) shall be furnished in such form and in such manner as may\nbe prescribed in the rules made under sub-section (3).", "footnote": "", "is_definition": false, "sort_order": 3880 }, { "number": "75A", "title": "Section 75A(3)", "chapter": null, "content": "(3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may\nbe, may make rules for the purposes of sub-section (2).", "footnote": "", "is_definition": false, "sort_order": 3890 }, { "number": "75A", "title": "Section 75A(4)", "chapter": null, "content": "(4) The rules made by the Chairman of the Council of States or the Speaker of the House of the\nPeople, under sub-section (3) shall be laid, as soon as may be after they are made, before the Council of\nStates or the House of the People, as the case may be, for a total period of thirty days which may be\ncomprised in one session or in two or more successive sessions and shall take effect upon the expiry of\nthe said period of thirty days unless they are sooner approved with or without modifications or\ndisapproved by the Council of States or the House of the People and where they are so approved, they\nshall take effect on such approval in the form in which they were laid or in such modified form, as the\ncase may be, and where they are so disapproved, they shall be of no effect.", "footnote": "", "is_definition": false, "sort_order": 3900 }, { "number": "75A", "title": "Section 75A(5)", "chapter": null, "content": "(5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may\nbe, may direct that any wilful contravention of the rules made under sub -section ( 3) by an elected\ncandidate for a House of Parliament referred to in sub -section (1) may be dealt with in the same manner\nas a breach of privilege of the Council of States or the House of the People, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 3910 }, { "number": "75A", "title": "Explanation to Section 75A(5)", "chapter": null, "content": "Explanation.—For the purposes of this section,—", "footnote": "", "is_definition": false, "sort_order": 3920 }, { "number": "75A", "title": "Section 75A(5)(i)", "chapter": null, "content": "(i) “immovable property” means the land and includes any building or other structure attached to\nthe land or permanently fastened to anything which is attached to the land;", "footnote": "", "is_definition": false, "sort_order": 3930 }, { "number": "75A", "title": "Section 75A(5)(ii)", "chapter": null, "content": "(ii) “movable property ” means any other property which is not the immovable property and\nincludes corporeal and incorporeal property of every description;", "footnote": "", "is_definition": false, "sort_order": 3940 }, { "number": "75A", "title": "Section 75A(5)(iii)", "chapter": null, "content": "(iii) “public financial institution ” means a public financial institution within the meaning of\nsection 4A of the Companies Act, 1956 (1 of 1956) and includes bank;", "footnote": "1 of 1956", "is_definition": false, "sort_order": 3950 }, { "number": "75A", "title": "Section 75A(5)(iv)", "chapter": null, "content": "(iv) “bank” referred to in clause (iii) means—", "footnote": "", "is_definition": false, "sort_order": 3960 }, { "number": "75A", "title": "Section 75A(5)(a)", "chapter": null, "content": "(a) State Bank of India constituted under section 3 of the State Bank of India\nAct, 1955 (23 of 1955);", "footnote": "23 of 1955", "is_definition": false, "sort_order": 3970 }, { "number": "75A", "title": "Section 75A(5)(b)", "chapter": null, "content": "(b) subsidiary bank having the meaning assigned to it in clause ( K) of section 2 of the State\nBank of India (Subsidiary Banks) Act, 1959 (38 of 1959);", "footnote": "38 of 1959", "is_definition": false, "sort_order": 3980 }, { "number": "75A", "title": "Section 75A(5)(c)", "chapter": null, "content": "(c) Regional Rural Bank established under section 3 of the Regional Rural Banks\nAct, 1976 (21 of 1976);", "footnote": "21 of 1976", "is_definition": false, "sort_order": 3990 }, { "number": "75A", "title": "Section 75A(5)(d)", "chapter": null, "content": "(d) corresponding new bank having the meaning assigned to it in clause ( da) of section 5 of\nthe Banking Regulation Act, 1949 (10 of 1949); and", "footnote": "10 of 1949", "is_definition": false, "sort_order": 4000 }, { "number": "75A", "title": "Section 75A(5)(e)", "chapter": null, "content": "(e) co -operative bank having the meaning assigned to it in clause ( cci) of section 5 of the\nBanking Regulation Act, 1949 (10 of 1949) as modified by sub -clause ( i) of clause ( c) of\nsection 56 of that Act; and", "footnote": "10 of 1949", "is_definition": false, "sort_order": 4010 }, { "number": "75A", "title": "Section 75A(5)(v)", "chapter": null, "content": "(v) “dependant children” means sons and daughters who have no separate means of earning and\nare wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood.]", "footnote": "", "is_definition": false, "sort_order": 4020 }, { "number": "404", "title": "CHAPTER VIII - ELECTION EXPENSES", "chapter": "CHAPTER VIII", "content": "", "footnote": "", "is_definition": false, "sort_order": 4030 }, { "number": "76", "title": "Section 76. Application of Chapter", "chapter": null, "content": "This Chapter shall apply only to the elections to the House of the\nPeople and to the Legislative Assembly of a State.]", "footnote": "", "is_definition": false, "sort_order": 4040 }, { "number": "77", "title": "Section 77(1)", "chapter": null, "content": "(1) Every candidate at an election shall,\neither by himself or by his election agent, keep a separate and correct account of all expenditure in\nconnection with the election incurred or authori sed by him or by his election agent between 2[the date on\nwhich he has been nominated] and the date of declaration of the result thereof, both dates inclusive.", "footnote": "", "is_definition": false, "sort_order": 4050 }, { "number": "77", "title": "Explanation to Section 77(1)", "chapter": null, "content": "3[Explanation 1.—For the removal of doubts, it is hereby declared that—", "footnote": "", "is_definition": false, "sort_order": 4060 }, { "number": "77", "title": "Section 77(1)(a)", "chapter": null, "content": "(a) the expenditure incurred by leaders of a political party on account of travel by air or by any\nother means of transport for propagating programme of the political party shall not be deemed to be\nthe expenditure in connection with the election incurred or authorised by a candidate of that political\nparty or his election agent for the purposes of this sub-section;", "footnote": "", "is_definition": false, "sort_order": 4070 }, { "number": "77", "title": "Section 77(1)(b)", "chapter": null, "content": "(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other\nact or thing done by any person in the service of the Government and belonging to any of the classes\nmentioned in clause ( 7) of section 123 in the discharge or purported discharge of his official duty as\nmentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the\nelection incurred or authorised by a candidate or by his election agent for the purposes of this\nsub-section.", "footnote": "", "is_definition": false, "sort_order": 4080 }, { "number": "77", "title": "Explanation to Section 77(1)(b)", "chapter": null, "content": "Explanation 2.—For the purposes of clause (a) of Explanation 1, the expression “leaders of a political\nparty”, in respect of any election, means,—", "footnote": "", "is_definition": false, "sort_order": 4090 }, { "number": "77", "title": "Section 77(1)(i)", "chapter": null, "content": "(i) where such political party is a recognised political party, such persons not exceeding forty in\nnumber, and", "footnote": "", "is_definition": false, "sort_order": 4100 }, { "number": "77", "title": "Section 77(1)(ii)", "chapter": null, "content": "(ii) where such political party is other than a recognised political party, such persons not\nexceeding twenty in number,\nwhose names have been communicated to the Election Commission and the Chief Electoral Officers of\nthe States by the political party to be leaders for the purposes of such election, within a period of seven\ndays from the date of the notification for such election published in the Gazette of India or Official\nGazette of the State, as the case may be, under this Act:", "footnote": "", "is_definition": false, "sort_order": 4110 }, { "number": "77", "title": "Proviso to Section 77(1)(ii)", "chapter": null, "content": "Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as\nthe case may be, in clause ( ii) dies or ceases to be a member of such political party, by further\ncommunication to the Election Commission and the Chief Electoral Officers of the States, substitute new\nname, during the period ending immediately before forty -eight hours ending with the hour fixed for the\nconclusion of the last poll for such election, for the name of such person died or ceased to be a member,\nfor the purposes of designating the new leader in his place.]", "footnote": "", "is_definition": false, "sort_order": 4120 }, { "number": "77", "title": "Section 77(2)", "chapter": null, "content": "(2) The account shall contain such particular, as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 4130 }, { "number": "77", "title": "Section 77(3)", "chapter": null, "content": "(3) The total of the said expenditure shall not exceed such amount as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 4140 }, { "number": "78", "title": "Section 78. Lodging of account with the 1[district election officer ]", "chapter": null, "content": "2[(1)] Every contesting candidate at\nan election shall , within thirty days from the date of election of the returned candidate or, if there are\nmore than one returned candidate at the election and the dates ’ of their election are different, the later of\nthose two dates, lodge with the 1[district election officer] an account of his election expenses which shall\nbe a true copy of the account kept by him or by his election agent under section 77.]\n3* * * * *", "footnote": "", "is_definition": false, "sort_order": 4150 }, { "number": "417", "title": "PART VA - FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL", "chapter": "PART VA", "content": "", "footnote": "", "is_definition": false, "sort_order": 4160 }, { "number": "78A", "title": "Section 78A(1)", "chapter": null, "content": "(1) The Government shall, at any election to be held\nfor the purposes of constituting the House of the People or the Legislative Assembly of a State, supply,\nfree of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as\nfinally published under the Representation of the People Act, 1950 (43 of 1950) and such other material\nas may be prescribed.", "footnote": "43 of 1950", "is_definition": false, "sort_order": 4170 }, { "number": "78A", "title": "Section 78A(2)", "chapter": null, "content": "(2) The material referred to in sub-section (1) shall be supplied,—", "footnote": "", "is_definition": false, "sort_order": 4180 }, { "number": "78A", "title": "Section 78A(2)(i)", "chapter": null, "content": "(i) subject to such conditions as may be imposed by the Central Govern ment in consultation with\nthe Election Commission with respect to the reduc tion of the maximum expenditure which may be\nincurred by the candidate under section 77; and", "footnote": "", "is_definition": false, "sort_order": 4190 }, { "number": "78A", "title": "Section 78A(2)(ii)", "chapter": null, "content": "(ii) through such officers as may be specified by the Election Commission who shall act in\naccordance with such general or special directions as may be given by the Election Commission.", "footnote": "", "is_definition": false, "sort_order": 4200 }, { "number": "78B", "title": "Section 78B(1)", "chapter": null, "content": "(1) The Election Commission shall, at any time\nbetween the date of publication of the notification calling the election for the purposes of constituting the\nHouse of the People or the Legislative Assembly of a State and the date on which the poll is to be taken,\nsupply or cause to be supplied, such items as the Central Govern ment may, by order, determine in\nconsultation with the Election Commission, to the electors in the constituencies concerned or to the\ncandidates set up by the recognised political parties.", "footnote": "", "is_definition": false, "sort_order": 4210 }, { "number": "78B", "title": "Section 78B(2)", "chapter": null, "content": "(2) Where the Election Commission supplies the items to the candidates under sub -section (1), the\nCentral Government may, in consultation with the Election Commission, impose conditions with respect\nto the reduction of the maximum expenditure which may be incurred by the candidate under section 77.", "footnote": "", "is_definition": false, "sort_order": 4220 }, { "number": "78B", "title": "Explanation to Section 78B(2)", "chapter": null, "content": "Explanation.—For the purposes of section 39A, this Chapter and clause (hh) of sub -section (2) of\nsection 169, the expression “recognised political party ”, has the meaning assigned to it in the Election\nSymbols (Reservation and Allotment) Order, 1968.]", "footnote": "", "is_definition": false, "sort_order": 4230 }, { "number": "425", "title": "PART VI - DISPUTES REGARDING ELECTIONS", "chapter": "PART VI", "content": "", "footnote": "", "is_definition": false, "sort_order": 4240 }, { "number": "426", "title": "CHAPTER I - INTERPRETATON", "chapter": "CHAPTER I", "content": "", "footnote": "", "is_definition": false, "sort_order": 4250 }, { "number": "79", "title": "Section 79. Definitions", "chapter": null, "content": "In this Part and in 1[Part VII] unless the context otherwise requires,—", "footnote": "", "is_definition": false, "sort_order": 4260 }, { "number": "79", "title": "Section 79(a)", "chapter": null, "content": "2[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in\nrelation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference\nto the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional\nJudicial Commissioner, as the case may be;]", "footnote": "", "is_definition": false, "sort_order": 4270 }, { "number": "79", "title": "Section 79(b)", "chapter": null, "content": "3[(b) “candidate” means a person who has been or claims to have been duly nominated as a\ncandidate at any election;]", "footnote": "", "is_definition": false, "sort_order": 4280 }, { "number": "79", "title": "Section 79(c)", "chapter": null, "content": "(c) “costs” means all costs, charges and expenses of, or incidental to, a trial of an election\npetition;", "footnote": "", "is_definition": false, "sort_order": 4290 }, { "number": "79", "title": "Section 79(d)", "chapter": null, "content": "(d) “electoral right” means the right of a person to stand or not to stand as, or 4[to withdraw or not\nto withdraw] from being, a candidate, or to vote or refrain from voting at an election;", "footnote": "", "is_definition": false, "sort_order": 4300 }, { "number": "79", "title": "Section 79(e)", "chapter": null, "content": "5[(e) “High Court” means the High Court within the local limits of whose jurisdiction the election\nto which the election petition relates has been held;]", "footnote": "", "is_definition": false, "sort_order": 4310 }, { "number": "79", "title": "Section 79(f)", "chapter": null, "content": "(f) “returned candidate” means a candidate whose name has been published under section 67 as\nduly elected.", "footnote": "", "is_definition": false, "sort_order": 4320 }, { "number": "434", "title": "CHAPTER II - PRESENTATION OF ELECTION PETITIONS TO 6[HIGH COURT", "chapter": "CHAPTER II", "content": "", "footnote": "", "is_definition": false, "sort_order": 4330 }, { "number": "80", "title": "Section 80. Election petitions", "chapter": null, "content": "No election shall be called in question except by an election petition presented in\naccordance with the provisions of this Part.", "footnote": "", "is_definition": false, "sort_order": 4340 }, { "number": "80A", "title": "Section 80A(1)", "chapter": null, "content": "(1) The Court having jurisdiction to try an election petition\nshall be the High Court.", "footnote": "", "is_definition": false, "sort_order": 4350 }, { "number": "80A", "title": "Section 80A(2)", "chapter": null, "content": "(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief\nJustice, shall, from time to time, assign one or more Judges for that purpose:", "footnote": "", "is_definition": false, "sort_order": 4360 }, { "number": "80A", "title": "Proviso to Section 80A(2)", "chapter": null, "content": "Provided that where the High Court consists only of one Judge, he shall try all election petitions presented\nto that Court.", "footnote": "", "is_definition": false, "sort_order": 4370 }, { "number": "80A", "title": "Section 80A(3)", "chapter": null, "content": "(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition,\nwholly or partly, at a place other than the place of seat of the High Court.]", "footnote": "", "is_definition": false, "sort_order": 4380 }, { "number": "81", "title": "Section 81(1)", "chapter": null, "content": "(1) An election petition calling in question any election may be presented\non one or more of the grounds specified in 8[sub-section (1)] of section 100 and section 101 to the 6[High\nCourt] by any candidate at such election or any elector 9[within forty-five days from, but not earlier than the\ndate of election of the returned candidate , or if there are more than one returned candidate at the election and\nthe dates of their election are different, the later of those two dates].", "footnote": "", "is_definition": false, "sort_order": 4390 }, { "number": "81", "title": "Explanation to Section 81(1)", "chapter": null, "content": "Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election to\nwhich the election petition relates, whether he has voted at such election or not.\n1* * * * *", "footnote": "", "is_definition": false, "sort_order": 4400 }, { "number": "81", "title": "Section 81(3)", "chapter": null, "content": "2[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents\nmentioned in the petition 3*** and every such copy shall be attested by the petitioner under his own\nsignature to be a true copy of the petition.]", "footnote": "", "is_definition": false, "sort_order": 4410 }, { "number": "82", "title": "Section 82. Parties to the petition", "chapter": null, "content": "A petitioner shall join as respondents to his petition—", "footnote": "", "is_definition": false, "sort_order": 4420 }, { "number": "82", "title": "Section 82(a)", "chapter": null, "content": "(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the\nreturned candidates is void, claims a further declaration that he himself or any other candidate has\nbeen duly elected, all the contesting candidates other than the petitioner , and where no such further\ndeclaration is claimed, all the returned candidates; and", "footnote": "", "is_definition": false, "sort_order": 4430 }, { "number": "82", "title": "Section 82(b)", "chapter": null, "content": "(b) any other candidate against whom allegations of any corrupt practice are made in the petition.]", "footnote": "", "is_definition": false, "sort_order": 4440 }, { "number": "83", "title": "Section 83(1)", "chapter": null, "content": "(1) An election petition—", "footnote": "", "is_definition": false, "sort_order": 4450 }, { "number": "83", "title": "Section 83(1)(a)", "chapter": null, "content": "(a) shall contain a concise statement of the material facts on which the petitioner relies;", "footnote": "", "is_definition": false, "sort_order": 4460 }, { "number": "83", "title": "Section 83(1)(b)", "chapter": null, "content": "(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including\nas full a statement as possible of the names of the parties alleged to have committed such corrupt\npractice and the date and place of the commission of each such practice; and", "footnote": "", "is_definition": false, "sort_order": 4470 }, { "number": "83", "title": "Section 83(1)(c)", "chapter": null, "content": "(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil\nProcedure, 1908 (5 of 1908) for the verification of pleadings:", "footnote": "5 of 1908", "is_definition": false, "sort_order": 4480 }, { "number": "83", "title": "Proviso to Section 83(1)(c)", "chapter": null, "content": "6[Provided that where the petitioner alleges any corrupt practice, the petition shall also be\naccompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice\nand the particulars thereof.]", "footnote": "", "is_definition": false, "sort_order": 4490 }, { "number": "83", "title": "Section 83(2)", "chapter": null, "content": "(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the\nsame manner as the petition].", "footnote": "", "is_definition": false, "sort_order": 4500 }, { "number": "84", "title": "Section 84. Relief that may be claimed by the petitioner", "chapter": null, "content": "A petitioner may, in addition to claiming a\ndeclaration that the election of all or any of the returned candidates is void, claim a further declaration\nthat he himself or any other candidate has been duly elected.]", "footnote": "", "is_definition": false, "sort_order": 4510 }, { "number": "85", "title": "Section 85. [Procedure on receiving petition .]", "chapter": null, "content": "Omitted by Representation of the People (Amendment)\nAct, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966).", "footnote": "47 of 1966", "is_definition": false, "sort_order": 4520 }, { "number": "454", "title": "CHAPTER III - TRIAL OF ELECTION PETITIONS", "chapter": "CHAPTER III", "content": "", "footnote": "", "is_definition": false, "sort_order": 4530 }, { "number": "86", "title": "Section 86(1)", "chapter": null, "content": "(1) The High Court shall dismiss an election petition which does\nnot comply with the provisions of section 81 or section 82 or section 117.", "footnote": "", "is_definition": false, "sort_order": 4540 }, { "number": "86", "title": "Explanation to Section 86(1)", "chapter": null, "content": "Explanation.—An order of the High Court dismissing an election petition under this sub -section shall\nbe deemed to be an order made under clause (a) of section 98.", "footnote": "", "is_definition": false, "sort_order": 4550 }, { "number": "86", "title": "Section 86(2)", "chapter": null, "content": "(2) As soon as may be after an election petition has been presented to the High Court, it shall be\nreferred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial\nof election petitions under sub-section (2) of section 80A.", "footnote": "", "is_definition": false, "sort_order": 4560 }, { "number": "86", "title": "Section 86(3)", "chapter": null, "content": "(3) Where more election petitions than one are presented to the High Court in respect of the same\nelection, all of them shall be referred for trial to the same Judge who may, in his discretion, try them\nseparately or in one or more groups.", "footnote": "", "is_definition": false, "sort_order": 4570 }, { "number": "86", "title": "Section 86(4)", "chapter": null, "content": "(4) Any candidate not already a respondent shall, upon application made by him to the High Court\nwithin fourteen days from the date of commencement of the trial and subject to any order as to security\nfor costs which may be made by the High Court, be entitled to be joined as a respondent.", "footnote": "", "is_definition": false, "sort_order": 4580 }, { "number": "86", "title": "Explanation to Section 86(4)", "chapter": null, "content": "Explanation.—For the purposes of this sub -section and of section 97, the trial of a petition shall be\ndeemed to commence on the date fixed for the respondents to appear before the High Court and answer\nthe claim or claims made in the petition.", "footnote": "", "is_definition": false, "sort_order": 4590 }, { "number": "86", "title": "Section 86(5)", "chapter": null, "content": "(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the\nparticulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as\nmay in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow\nany amendment of the petition which will have the effect of introducing particulars of a corrupt practice\nnot previously alleged in the petition.", "footnote": "", "is_definition": false, "sort_order": 4600 }, { "number": "86", "title": "Section 86(6)", "chapter": null, "content": "(6) The trial of an election petition shall, so far as is practicable consistently with the interests of\njustice in respect of the trial, be continued from day to day until its conclusion, unless the High Court\nfinds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.", "footnote": "", "is_definition": false, "sort_order": 4610 }, { "number": "86", "title": "Section 86(7)", "chapter": null, "content": "(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to\nconclude the trial within six months from the date on which the election petition is presented to the High\nCourt for trial.", "footnote": "", "is_definition": false, "sort_order": 4620 }, { "number": "87", "title": "Section 87(1)", "chapter": null, "content": "(1) Subject to the provisions of this Act and of any rules\nmade thereunder, every election petition shall be tried by the High Court, as nearly as may be, in\naccordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial\nof suits:", "footnote": "5 of 1908", "is_definition": false, "sort_order": 4630 }, { "number": "87", "title": "Proviso to Section 87(1)", "chapter": null, "content": "Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing,\nto examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is\nnot material for the decision of the petition or that the party tendering such witness or witnesses is doing\nso on frivolous grounds or with a view to delay the proceedings.", "footnote": "", "is_definition": false, "sort_order": 4640 }, { "number": "87", "title": "Section 87(2)", "chapter": null, "content": "(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall , subject to the provisions of\nthis Act, be deemed to apply in all respects to the trial of an election petition.]", "footnote": "1 of 1872", "is_definition": false, "sort_order": 4650 }, { "number": "93", "title": "Section 93. Documentary evidence", "chapter": null, "content": "Notwithstanding anything in any enactment to the contrary, no\ndocument shall be inadmissible in evidence at the trial of an election petition on the ground that it is not\nduly stamped or registered.", "footnote": "", "is_definition": false, "sort_order": 4660 }, { "number": "94", "title": "Section 94. Secrecy of voting not to be infringed", "chapter": null, "content": "No witness or other person shall be required to state for\nwhom he has voted at an election:", "footnote": "", "is_definition": false, "sort_order": 4670 }, { "number": "94", "title": "Proviso to Section 94", "chapter": null, "content": "1[Provided that this section shall not apply to such witness or other person where he has voted by\nopen ballot.]", "footnote": "", "is_definition": false, "sort_order": 4680 }, { "number": "95", "title": "Section 95(1)", "chapter": null, "content": "(1) No witness shall be\nexcused from answering any question as to any matter relevant to a matter in issue in the trial of an\nelection petition upon the ground that the answer to such question may criminate or may tend to criminate\nhim, or that it may expose or may tend to expose him to any penalty or forfeiture:", "footnote": "", "is_definition": false, "sort_order": 4690 }, { "number": "95", "title": "Proviso to Section 95(1)", "chapter": null, "content": "Provided that—", "footnote": "", "is_definition": false, "sort_order": 4700 }, { "number": "95", "title": "Section 95(1)(a)", "chapter": null, "content": "(a) a witness, who answers truly all questions which he is required to answer shall be entitled to\nreceive a certificate of indemnity from 2[the High Court]; and", "footnote": "", "is_definition": false, "sort_order": 4710 }, { "number": "95", "title": "Section 95(1)(b)", "chapter": null, "content": "(b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except\nin the case of any criminal proceeding for perjury in respect of the evidence, be admissible in\nevidence against in any civil or criminal proceeding.", "footnote": "", "is_definition": false, "sort_order": 4720 }, { "number": "95", "title": "Section 95(2)", "chapter": null, "content": "(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any\nCourt and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian\nPenal Code (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates,\nbut it shall not be deemed to relieve him from any disqualification in connection with an election imposed\nby this Act or any other law.", "footnote": "45 of 1860", "is_definition": false, "sort_order": 4730 }, { "number": "96", "title": "Section 96. Expenses of witnesses", "chapter": null, "content": "The reasonable expenses incurred by any person in attending to give\nevidence may be allowed by 1[the High Court] to such person and shall, unless 1[the High Court]\notherwise directs, be deemed to be part of the costs.", "footnote": "", "is_definition": false, "sort_order": 4740 }, { "number": "97", "title": "Section 97(1)", "chapter": null, "content": "(1) When in an election petition a declaration that any\ncandidate other than the returned candidate has been duly elected is claimed, the returned candidate or\nany other party may give evidence to prove that the election of such candidate would have been void if he\nhad been the returned candidate and a petition had been presented calling in question his election:", "footnote": "", "is_definition": false, "sort_order": 4750 }, { "number": "97", "title": "Proviso to Section 97(1)", "chapter": null, "content": "Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such\nevidence unless he has, within fourteen days from the date of 2[commencement of the trial], given notice\nto 1[the High Court] of his intention to do so and has also given the security and the further security\nreferred to in sections 117 and 118 respectively.", "footnote": "", "is_definition": false, "sort_order": 4760 }, { "number": "97", "title": "Section 97(2)", "chapter": null, "content": "(2) Every notice referred to in sub -section ( 1) shall be accompanied by the statement and 3***\nparticulars required by section 83 in the case of an election petition and shall be signed and verified in\nlike manner.", "footnote": "", "is_definition": false, "sort_order": 4770 }, { "number": "98", "title": "Section 98. Decision of the High Court", "chapter": null, "content": "At the conclusion of the trial of an election petition\n1[the High Court] shall make an order—", "footnote": "", "is_definition": false, "sort_order": 4780 }, { "number": "98", "title": "Section 98(a)", "chapter": null, "content": "(a) dismissing the election petition; or", "footnote": "", "is_definition": false, "sort_order": 4790 }, { "number": "98", "title": "Section 98(b)", "chapter": null, "content": "(b) declaring the election of 4[all or any of the returned candidates] to be void; or", "footnote": "", "is_definition": false, "sort_order": 4800 }, { "number": "98", "title": "Section 98(c)", "chapter": null, "content": "(c) declaring the election of 5[all or any of the returned candidates] to be void and the petitioner or\nany other candidate to have been duly elected. 5***\n6* * * * *", "footnote": "", "is_definition": false, "sort_order": 4810 }, { "number": "99", "title": "Section 99(1)", "chapter": null, "content": "(1) At the time of making an order under\nsection 98 1[the High Court] shall also make an order—", "footnote": "", "is_definition": false, "sort_order": 4820 }, { "number": "99", "title": "Section 99(1)(a)", "chapter": null, "content": "7[(a) where any charge is made in the petition of any corrupt practice having been committed at\nthe election, recording—", "footnote": "", "is_definition": false, "sort_order": 4830 }, { "number": "99", "title": "Section 99(1)(i)", "chapter": null, "content": "(i) finding whether any corrupt practice has or has not been proved to have been\ncommitted 8*** at the election, and the nature of that corrupt practice; and", "footnote": "", "is_definition": false, "sort_order": 4840 }, { "number": "99", "title": "Section 99(1)(ii)", "chapter": null, "content": "(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of\nany corrupt practice and the nature of that practice; and]", "footnote": "", "is_definition": false, "sort_order": 4850 }, { "number": "99", "title": "Section 99(1)(b)", "chapter": null, "content": "(b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall\nbe paid:", "footnote": "", "is_definition": false, "sort_order": 4860 }, { "number": "99", "title": "Proviso to Section 99(1)(b)", "chapter": null, "content": "Provided that 1[a person who is not a party to the petition shall not be named] in the order under\nsub-clause (ii) of clause (a) unless—", "footnote": "", "is_definition": false, "sort_order": 4870 }, { "number": "99", "title": "Section 99(1)(a)", "chapter": null, "content": "(a) he has been given notice to appear before 2[the High Court] and to show cause why he should\nnot be so named; and", "footnote": "", "is_definition": false, "sort_order": 4880 }, { "number": "99", "title": "Section 99(1)(b)", "chapter": null, "content": "(b) if he appears in pursuance of the notice, he has been given an opportunity of cross -examining\nany witness who has already been examined by 2[the High Court] and has given evidence against him,\nof calling evidence in his defence and of being heard.", "footnote": "", "is_definition": false, "sort_order": 4890 }, { "number": "99", "title": "Section 99(2)", "chapter": null, "content": "3[(2) In this section and in section 100, the expression “agent” has the same meaning as in\nsection 123.]", "footnote": "", "is_definition": false, "sort_order": 4900 }, { "number": "100", "title": "Section 100(1)", "chapter": null, "content": "4[(1) Subject to the provisions of sub -section (2)\nif 2[the High court] is of opinion—", "footnote": "", "is_definition": false, "sort_order": 4910 }, { "number": "100", "title": "Section 100(1)(a)", "chapter": null, "content": "(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to\nbe chosen to fill the seat under the Constitution or this Act 5[or the Government of Union Territor ies\nAct, 1963 (20 of 1963)]; or", "footnote": "20 of 1963", "is_definition": false, "sort_order": 4920 }, { "number": "100", "title": "Section 100(1)(b)", "chapter": null, "content": "(b) that any corrupt practice has been committed by a returned candidate or his election agent or\nby any other person with the consent of a returned candidate or his election agent; or", "footnote": "", "is_definition": false, "sort_order": 4930 }, { "number": "100", "title": "Section 100(1)(c)", "chapter": null, "content": "(c) that any nomination has been improperly rejected; or", "footnote": "", "is_definition": false, "sort_order": 4940 }, { "number": "100", "title": "Section 100(1)(d)", "chapter": null, "content": "(d) that the result of the election, in so far as it concerns a returned candidate, has been materially\naffected—", "footnote": "", "is_definition": false, "sort_order": 4950 }, { "number": "100", "title": "Section 100(1)(i)", "chapter": null, "content": "(i) by the improper acceptance or any nomination, or", "footnote": "", "is_definition": false, "sort_order": 4960 }, { "number": "100", "title": "Section 100(1)(ii)", "chapter": null, "content": "(ii) by any corrupt practice committed in the interests of the returned candidate 6[by an agent\nother than his election agent], or", "footnote": "", "is_definition": false, "sort_order": 4970 }, { "number": "100", "title": "Section 100(1)(iii)", "chapter": null, "content": "(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote\nwhich is void, or", "footnote": "", "is_definition": false, "sort_order": 4980 }, { "number": "100", "title": "Section 100(1)(iv)", "chapter": null, "content": "(iv) by any non -compliance with the provisions of the Constitution or of this Act or of any\nrules or orders made under this Act,\n2[the High Court] shall declare the election of the returned candidate to be void.]\n7[(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent , other\nthan his election agent, of any corrupt practice 8*** but 2[the High Court] is satisfied—", "footnote": "", "is_definition": false, "sort_order": 4990 }, { "number": "100", "title": "Section 100(1)(a)", "chapter": null, "content": "(a) that no such corrupt practice was committed at the election by the candidate or his election\nagent, and every such corrupt practice was committed contrary to the orders, and 9[without the\nconsent], of the candidate or his election agent;\n10* * * * *", "footnote": "", "is_definition": false, "sort_order": 5000 }, { "number": "100", "title": "Section 100(1)(c)", "chapter": null, "content": "(c) that the candidate and his election agent took all reasonable means for preventing the\ncommission of corrupt 11*** practices at the election; and", "footnote": "", "is_definition": false, "sort_order": 5010 }, { "number": "100", "title": "Section 100(1)(d)", "chapter": null, "content": "(d) that in all other respects the election was free from any corrupt 11*** practice on the part of\nthe candidate or any of his agents,\nthen 2[the High Court] may decide that the election of the returned candidate is not void.", "footnote": "", "is_definition": false, "sort_order": 5020 }, { "number": "101", "title": "Section 101. Grounds for which a candidate other than the returned candidate may be declared to have \nbeen elected", "chapter": null, "content": "If any person who has lodged a petition has, in addition to calling in question the election\nof the returned candidate, claimed a declaration that he himself or any other candidate has been duly\nelected and 1[the High Court] is of opinion—", "footnote": "", "is_definition": false, "sort_order": 5030 }, { "number": "101", "title": "Section 101(a)", "chapter": null, "content": "(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or", "footnote": "", "is_definition": false, "sort_order": 5040 }, { "number": "101", "title": "Section 101(b)", "chapter": null, "content": "(b) that but for the votes obtained by th e returned candidate by corrupt 2*** practices the\npetitioner or such other candidate would have obtained a majority of the valid votes,\n1[the High Court] shall, after declaring the election of the returned candidate to be void declare the\npetitioner or such other candidate, as the case may be, to have been duly elected.", "footnote": "", "is_definition": false, "sort_order": 5050 }, { "number": "102", "title": "Section 102. Procedure in case of an equality of votes", "chapter": null, "content": "If during the trial of an election petition it appears\nthat there is an equality of votes between any candidates at the election and that the addition of a vote\nwould entitle any of those candidates—", "footnote": "", "is_definition": false, "sort_order": 5060 }, { "number": "102", "title": "Section 102(a)", "chapter": null, "content": "(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it\ndetermines the question between those candidates, be effective also for the purposes of the petition;\nand", "footnote": "", "is_definition": false, "sort_order": 5070 }, { "number": "102", "title": "Section 102(b)", "chapter": null, "content": "(b) in so f ar as that question is not determined by such a decision 1[the High court] shall decide\nbetween them by lot and proceed as if the one on whom the lot then falls h ad received an additional\nvote.", "footnote": "", "is_definition": false, "sort_order": 5080 }, { "number": "103", "title": "Section 103. Communication of orders of the High Court", "chapter": null, "content": "The High Court shall, as soon as may be\nafter the conclusion of the trial of an election petition, intimate the substance of the decision to the\nElection Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of\nthe State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission\nan authenticated copy of the decision.]\n104. [Difference of opinion among the members of the Tribunal. ] Omitted by the Representation of\nthe People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).\n105. [Orders of the Tribunal to be final and conclusive.] Omitted by s. 58, ibid. (w.e.f. 28-8-1956).", "footnote": "27 of 1956", "is_definition": false, "sort_order": 5090 }, { "number": "106", "title": "Section 106. Transmission of order to the appropriate authority, etc., and its publication", "chapter": null, "content": "As soon as\nmay be after the receipt of any order made by 1[the High Court] under section 98 or section 99, the\nElection Commission shall forward copies of the order to the appropriate authority and, in the case where\nsuch order relates to an election 4*** to a House of Parliament or to an election to the House or a House\nof the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned\nand 5[shall cause the order to be published—", "footnote": "", "is_definition": false, "sort_order": 5100 }, { "number": "106", "title": "Section 106(a)", "chapter": null, "content": "(a) where the order relates to an election to a House of Parliament, in the Gazette of India as well\nas in the Official Gazette of the State concerned; and", "footnote": "", "is_definition": false, "sort_order": 5110 }, { "number": "106", "title": "Section 106(b)", "chapter": null, "content": "(b) where the order relates to an election to the House or a House of the Legislature of the State,\nin the Official Gazette of the State.]", "footnote": "", "is_definition": false, "sort_order": 5120 }, { "number": "107", "title": "Section 107(1)", "chapter": null, "content": "7[(1) Subject to the provisions contained in Chapter IV\nA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such\norder shall take effect as soon as it is pronounced by the High Court.]", "footnote": "", "is_definition": false, "sort_order": 5130 }, { "number": "107", "title": "Section 107(2)", "chapter": null, "content": "(2) Where by an order under section 98 the election of a returned candidate is declared to be void,\nacts and proceedings in which that returned candidate has, before the date thereof, participated as a\nmember of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of\nthat order, nor shall such candidate be subjected to any liability or penalty on the ground of such\nparticipation.]", "footnote": "", "is_definition": false, "sort_order": 5140 }, { "number": "516", "title": "CHAPTER IV - WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS", "chapter": "CHAPTER IV", "content": "", "footnote": "", "is_definition": false, "sort_order": 5150 }, { "number": "109", "title": "Section 109(1)", "chapter": null, "content": "(1) An election petition may be withdrawn only by leave\nof the High Court.", "footnote": "", "is_definition": false, "sort_order": 5160 }, { "number": "109", "title": "Section 109(2)", "chapter": null, "content": "(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for\nthe hearing of the application shall be given to all other parties to the petition and shall be published in the\nOfficial Gazette.", "footnote": "", "is_definition": false, "sort_order": 5170 }, { "number": "110", "title": "Section 110(1)", "chapter": null, "content": "(1) If there are more petitioners than one, no\napplication to withdraw an election petition shall be made except with the consent of all the petitioners.", "footnote": "", "is_definition": false, "sort_order": 5180 }, { "number": "110", "title": "Section 110(2)", "chapter": null, "content": "(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such\napplication has been induced by any bargain or consideration which ought not to be allowed.", "footnote": "", "is_definition": false, "sort_order": 5190 }, { "number": "110", "title": "Section 110(3)", "chapter": null, "content": "(3) If the application is granted—", "footnote": "", "is_definition": false, "sort_order": 5200 }, { "number": "110", "title": "Section 110(3)(a)", "chapter": null, "content": "(a) the petitioner shall be ordered to pay the costs of the respondents there fore incurred or\nsuch portion thereof as the High Court may think fit;", "footnote": "", "is_definition": false, "sort_order": 5210 }, { "number": "110", "title": "Section 110(3)(b)", "chapter": null, "content": "(b) the High Court shall direct that the notice of withdrawal shall be published in the\nOfficial Gazette and in such other manner as it may specify and thereupon the notice shall be\npublished accordingly;", "footnote": "", "is_definition": false, "sort_order": 5220 }, { "number": "110", "title": "Section 110(3)(c)", "chapter": null, "content": "(c) a person who might himself have been a petitioner may, within fourteen days of\nsuch publication, apply to be substituted as petitioner in place of the party withdrawing, and upon\ncompliance with the condition s, if any, as to security, shall be entitled to be so substituted and to\ncontinue the proceedings upon such terms as the High Court may deem fit.]", "footnote": "", "is_definition": false, "sort_order": 5230 }, { "number": "111", "title": "Section 111. Report of withdrawal by the High Court to the Election Commission", "chapter": null, "content": "When an application\nfor withdrawal is granted by 2[the High Court] and no person has been substituted as petitioner under\nclause (c) of sub -section (3) of section 110, in place of the party withdrawing, 2[the High Court] shall\nreport the fact to the Election Commission 3[and thereupon the Election Commission shall publish the\nreport in the Official Gazette].", "footnote": "", "is_definition": false, "sort_order": 5240 }, { "number": "112", "title": "Section 112(1)", "chapter": null, "content": "(1) An election petition shall abate only on the death of a\nsole petitioner or of the survivor of several petitioners.", "footnote": "", "is_definition": false, "sort_order": 5250 }, { "number": "112", "title": "Section 112(2)", "chapter": null, "content": "(2) Where an election petition abates under sub -section (1), the High Court shall cause the fact to be\npublished in such manner as it may deem fit.", "footnote": "", "is_definition": false, "sort_order": 5260 }, { "number": "112", "title": "Section 112(3)", "chapter": null, "content": "(3) Any person who might himself have been a petitioner may, within fourteen days of such\npublication, apply to be substituted as petitioner and upon compliance with the conditions if any, as\nsecurity, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High\nCourt may deem fit.]", "footnote": "", "is_definition": false, "sort_order": 5270 }, { "number": "116", "title": "Section 116. Abatement or substitution on death of respondent", "chapter": null, "content": "If before the conclusion of the trial of an\nelection petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or\nany of the respondents dies or gives such notice and there is no other respondent who is opposing the\npetition, 1[the High Court] shall cause notice of such event to be published in the Official Gazette, and\nthereupon any person who might have been a petitioner may, within fourteen days of such publication,\napply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue\nthe proceedings upon such terms as 1[the High Court] may think fit.", "footnote": "", "is_definition": false, "sort_order": 5280 }, { "number": "530", "title": "CHAPTER IVA - APPEALS", "chapter": "CHAPTER IVA", "content": "", "footnote": "", "is_definition": false, "sort_order": 5290 }, { "number": "116A", "title": "Section 116A(1)", "chapter": null, "content": "(1) Notwithstanding anything contained in any other law for\nthe time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact)\nfrom every order made by a High Court under section 98 or section 99.", "footnote": "", "is_definition": false, "sort_order": 5300 }, { "number": "116A", "title": "Section 116A(2)", "chapter": null, "content": "(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of\nthe order of the High Court under section 98 or section 99:", "footnote": "", "is_definition": false, "sort_order": 5310 }, { "number": "116A", "title": "Proviso to Section 116A(2)", "chapter": null, "content": "Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty\ndays if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such\nperiod.", "footnote": "", "is_definition": false, "sort_order": 5320 }, { "number": "116B", "title": "Section 116B(1)", "chapter": null, "content": "(1) An application may be made to the High\nCourt for stay of operation of an order made by the High Court under section 98 or section 99 before the\nexpiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being\nshown and on such terms and conditions as it may think fit, stay the operation of the order; but no\napplication for stay shall be made to the High Court after an appeal has been preferred to the Supreme\nCourt.", "footnote": "", "is_definition": false, "sort_order": 5330 }, { "number": "116B", "title": "Section 116B(2)", "chapter": null, "content": "(2) Where an appeal has been preferred against an order made under section 98 or section 99, the\nSupreme Court may, on sufficient cause being shown and on such terms and conditions as it may think\nfit, stay the operation of the order appealed from.", "footnote": "", "is_definition": false, "sort_order": 5340 }, { "number": "116B", "title": "Section 116B(3)", "chapter": null, "content": "(3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme\nCourt, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a\ncopy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme\nCourt, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of\nParliament or of the State Legislature concerned.", "footnote": "", "is_definition": false, "sort_order": 5350 }, { "number": "116C", "title": "Section 116C(1)", "chapter": null, "content": "(1) Subject to the provisions of this Act and of the rules, if any, made\nthereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in\naccordance with the procedure applicable to the hearing and determination of an appeal from any final\norder passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the\nCode of Civil Procedure, 1908 (5 of 1908) , and the Rules of the Court , (including provisions as to the\nfurnishing of security and the execution of any order of the Court) shall, so far as may be, apply in\nrelation to such appeal.", "footnote": "5 of 1908", "is_definition": false, "sort_order": 5360 }, { "number": "116C", "title": "Section 116C(2)", "chapter": null, "content": "(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to\nthe Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or\nof the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission\nan authenticated copy of the decision; and upon its receipt, the Election Commission shall—", "footnote": "", "is_definition": false, "sort_order": 5370 }, { "number": "116C", "title": "Section 116C(2)(a)", "chapter": null, "content": "(a) forward copies thereof to the authorities to which copies of the order of the High Court were\nforwarded under section 160; and", "footnote": "", "is_definition": false, "sort_order": 5380 }, { "number": "116C", "title": "Section 116C(2)(b)", "chapter": null, "content": "(b) cause the decision to be published in the Gazette or Gazettes in which that order was\npublished under the said section.]]", "footnote": "", "is_definition": false, "sort_order": 5390 }, { "number": "541", "title": "CHAPTER V - COSTS AND SECURITY FOR COSTS", "chapter": "CHAPTER V", "content": "", "footnote": "", "is_definition": false, "sort_order": 5400 }, { "number": "117", "title": "Section 117(1)", "chapter": null, "content": "(1) at the time of presenting an election petition, the petitioner shall\ndeposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as\nsecurity for the costs of the petition.", "footnote": "", "is_definition": false, "sort_order": 5410 }, { "number": "117", "title": "Section 117(2)", "chapter": null, "content": "(2) During the course of the trial of an election petition, the High Court may, at anytime call upon the\npetitioner to give such further security for costs as it may direct.", "footnote": "", "is_definition": false, "sort_order": 5420 }, { "number": "118", "title": "Section 118. Security for costs from a respondent", "chapter": null, "content": "No person shall be entitled to be joined as a respondent\nunder sub-section (4) of section 86 unless he has given such security for costs as the High Court may\ndirect.", "footnote": "", "is_definition": false, "sort_order": 5430 }, { "number": "119", "title": "Section 119. Costs", "chapter": null, "content": "Costs shall be in the discretion of the High Court:", "footnote": "", "is_definition": false, "sort_order": 5440 }, { "number": "119", "title": "Proviso to Section 119", "chapter": null, "content": "Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall\nbe entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall\nmake an order for costs in favour of the returned candidate.]", "footnote": "", "is_definition": false, "sort_order": 5450 }, { "number": "121", "title": "Section 121(1)", "chapter": null, "content": "(1) If in any order as\nto costs under the provisions of this Part there is a direction for payment of costs by any party to any\nperson, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the\nsecurity deposit and the further security deposit, if any, made by such party under this part on an\napplication made in writing in that behalf 2[within a period of one year, from the date of such order] to\n3[the High Court] by the person in whose favour the costs have been awarded.", "footnote": "", "is_definition": false, "sort_order": 5460 }, { "number": "121", "title": "Section 121(2)", "chapter": null, "content": "(2) If there is any balance left of any of the said security deposits after payment under sub -section (1)\nof the costs referred to in that sub -section, such balance, or where no costs have been awarded or no\napplication as aforesaid has been made within the said period of 4[one year] the whole of the said security\ndeposits may, on an application made in that behalf in writing to 3[the High Court] by the person by\nwhom the deposits have been made or if such person dies after making such deposits by the legal\nrepresentative of such person, be returned to the said person or to his legal representative, as the case may\nbe.", "footnote": "", "is_definition": false, "sort_order": 5470 }, { "number": "122", "title": "Section 122. Execution of orders as to costs", "chapter": null, "content": "Any order as to costs under the provisions of this part may be\nproduced before the principal civil court of original jurisdiction within the local limits of whose\njurisdiction any person directed by such order to pay any sum of money has a place of residence o r\nbusiness, or where such place is within a presidency -town, before the court of small causes having\njurisdiction there, and such court shall execute the order or cause the same to be executed in the same\nmanner and by the same procedure as if it were a decree for the payment of money made by itself in a\nsuit:", "footnote": "", "is_definition": false, "sort_order": 5480 }, { "number": "122", "title": "Proviso to Section 122", "chapter": null, "content": "Provided that where any such costs or any portion thereof may be recovered by an application made\nunder sub-section (1) of section 121, no application shall lie under this section 5[within a period of one\nyear from the date of such order] unless it is for the recovery of the balance of any costs which has been\nleft unrealised after an application has been made under that sub -section owing to the insufficiency of the\namount of the security deposits referred to in that sub-section.", "footnote": "", "is_definition": false, "sort_order": 5490 }, { "number": "551", "title": "PART VII - CORRUPT PRACTICES AND ELECTORAL OFFENCES", "chapter": "PART VII", "content": "", "footnote": "", "is_definition": false, "sort_order": 5500 }, { "number": "552", "title": "CHAPTER I - CORRUPT PRACTICES", "chapter": "CHAPTER I", "content": "", "footnote": "", "is_definition": false, "sort_order": 5510 }, { "number": "123", "title": "Section 123. Corrupt practices", "chapter": null, "content": "The following shall be deemed to be corrupt practices for the purposes of\nthis Act:—", "footnote": "", "is_definition": false, "sort_order": 5520 }, { "number": "123", "title": "Section 123(1)", "chapter": null, "content": "3[(1) “Bribery” that is to say—\n(A) any gift , offer or promise by a candidate or his agent or by any other person with the\nconsent of a candidate or his election agent of any gratification, to any person whomsoever, with\nthe object, directly or indirectly of inducing—", "footnote": "", "is_definition": false, "sort_order": 5530 }, { "number": "123", "title": "Section 123(1)(a)", "chapter": null, "content": "(a) a person to stand or not to stand as, or 4[to withdraw or not to withdraw] from being a\ncandidate at an election, or", "footnote": "", "is_definition": false, "sort_order": 5540 }, { "number": "123", "title": "Section 123(1)(b)", "chapter": null, "content": "(b) an elector to vote or refrain from voting at an election, or as a reward to—", "footnote": "", "is_definition": false, "sort_order": 5550 }, { "number": "123", "title": "Section 123(1)(i)", "chapter": null, "content": "(i) a person for having so stood or not stood, or for 5[having withdrawn or not having\nwithdrawn] his candidature; or", "footnote": "", "is_definition": false, "sort_order": 5560 }, { "number": "123", "title": "Section 123(1)(ii)", "chapter": null, "content": "(ii) an elector for having voted or refrained from voting;\n(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a\nreward—", "footnote": "", "is_definition": false, "sort_order": 5570 }, { "number": "123", "title": "Section 123(1)(a)", "chapter": null, "content": "(a) by a person for standing or not standing as, or for 6[withdrawing or not withdrawing]\nfrom being, a candidate; or", "footnote": "", "is_definition": false, "sort_order": 5580 }, { "number": "123", "title": "Section 123(1)(b)", "chapter": null, "content": "(b) by any person whomsoever for himself or any other person for voting or refraining\nfrom voting, or inducing or attempting to induce any elector to vote or refrain from voting, or\nany candidate 3[to withdraw or not to withdraw] his candidature.", "footnote": "", "is_definition": false, "sort_order": 5590 }, { "number": "123", "title": "Explanation to Section 123(1)(b)", "chapter": null, "content": "Explanation.—For the purposes of this clause the term “gratification” is not restricted to\npecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment\nand all forms of employment for reward but it does not include the payment of any expenses\nbona fide incurred at, or for the purpose of, any election and duly entered in the account of election\nexpenses referred to in section 78.]", "footnote": "", "is_definition": false, "sort_order": 5600 }, { "number": "123", "title": "Section 123(2)", "chapter": null, "content": "(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the\npart of the candidate or his agent, or of any other person 7[with the consent of the candidate or his\nelection agent], with the free exercise of any electoral right:", "footnote": "", "is_definition": false, "sort_order": 5610 }, { "number": "123", "title": "Proviso to Section 123(2)", "chapter": null, "content": "Provided that—", "footnote": "", "is_definition": false, "sort_order": 5620 }, { "number": "123", "title": "Section 123(2)(a)", "chapter": null, "content": "(a) without prejudice to the generality of the provisions of this clause any such person as is\nreferred to therein who—", "footnote": "", "is_definition": false, "sort_order": 5630 }, { "number": "123", "title": "Section 123(2)(i)", "chapter": null, "content": "(i) threatens any candidate or any elector, or any person in whom a candidate or an\nelector is interested, with injury of any kind including social ostracism and ex-communication\nor expulsion from any caste or community; or", "footnote": "", "is_definition": false, "sort_order": 5640 }, { "number": "123", "title": "Section 123(2)(ii)", "chapter": null, "content": "(ii) induces or attempts to induce a candidate or an elector to believe that he, or any\nperson in whom he is interested, will become or will be rendered an object of divine\ndispleasure or spiritual censure,\nshall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within\nthe meaning of this clause;", "footnote": "", "is_definition": false, "sort_order": 5650 }, { "number": "123", "title": "Section 123(2)(b)", "chapter": null, "content": "(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal\nright without intent to interfere with an electoral right, shall not be deemed to be interference within\nthe meaning of this clause.", "footnote": "", "is_definition": false, "sort_order": 5660 }, { "number": "123", "title": "Section 123(3)", "chapter": null, "content": "1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or\nhis election agent to vote or refrain from voting for any person on the ground of his religion, race, caste,\ncommunity or language or the use of, or appeal to religious symbols or the use of, or appeal to, national\nsymbols, such as the national flag or the national emblem, for the furtherance of the prospects of the\nelection of that candidate or for prejudicially affecting the election of any candidate:", "footnote": "", "is_definition": false, "sort_order": 5670 }, { "number": "123", "title": "Proviso to Section 123(3)", "chapter": null, "content": "2[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious\nsymbol or a national symbol for the purposes of this clause.]", "footnote": "", "is_definition": false, "sort_order": 5680 }, { "number": "123", "title": "Section 123(3A)", "chapter": null, "content": "(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes\nof the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his\nagent or any other person with the consent of a candidate or his election agent for the furtherance of the\nprospects of the election of that candidate or for prejudicially affecting the election of any candidate.]", "footnote": "", "is_definition": false, "sort_order": 5690 }, { "number": "123", "title": "Section 123(3B)", "chapter": null, "content": "3[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or\nhis agent or any other person with the consent of the candidate or his election agent for the furtherance of\nthe prospects of the election of that candidate or for prejudicially affecting the election of any candidate.", "footnote": "", "is_definition": false, "sort_order": 5700 }, { "number": "123", "title": "Explanation to Section 123(3B)", "chapter": null, "content": "Explanation.—For the purposes of this clause, “sati” and “glorification” in relation to sati shall\nhave the meanings respectively assigned to them in the Commission of Sati (Prevention)\nAct, 1987 (3 of 1988)].", "footnote": "3 of 1988", "is_definition": false, "sort_order": 5710 }, { "number": "123", "title": "Section 123(4)", "chapter": null, "content": "(4) The publication by a candidate or his agent or by any other person 4[with the consent of a\ncandidate or his election agent], of any statement of fact which is false, and which he either believes to be\nfalse or does not believe to be true, in relation to the personal character or conduct of any candidate or in\nrelation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated\nto prejudice the prospects of that candidate’s election.", "footnote": "", "is_definition": false, "sort_order": 5720 }, { "number": "123", "title": "Section 123(5)", "chapter": null, "content": "(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate\nor his agent or by any other person 4[with the consent of a candidate or his election agent] 6[or the use of\nsuch vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the\nmembers of his family or his agent) to or from any polling station provided under section 25 or a place\nfixed under sub-section (1) of section 29 for the poll:", "footnote": "", "is_definition": false, "sort_order": 5730 }, { "number": "123", "title": "Proviso to Section 123(5)", "chapter": null, "content": "Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs\nfor the pupose of conveying him or them to and from any such polling station or place fixed for the poll\nshall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle\nor vessel not propelled by mechanical power:", "footnote": "", "is_definition": false, "sort_order": 5740 }, { "number": "123", "title": "Proviso to Section 123(5)", "chapter": null, "content": "Provided further that the use of any public transport vehicle or vessel or any tramcar or railway\ncarriage by any elector at his own cost for the purpose of going to or coming from any such polling\nstation or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.", "footnote": "", "is_definition": false, "sort_order": 5750 }, { "number": "123", "title": "Explanation to Section 123(5)", "chapter": null, "content": "Explanation.—In this clause, the expression “vehicle” means any vehicle used or capable of being\nused for the purpose of road transport, whether propelled by mechanical power or otherwise and whether\nused for drawing other vehicles or otherwise.", "footnote": "", "is_definition": false, "sort_order": 5760 }, { "number": "123", "title": "Section 123(6)", "chapter": null, "content": "(6) The incurring or authorising of expenditure in contravention of section 77.", "footnote": "", "is_definition": false, "sort_order": 5770 }, { "number": "123", "title": "Section 123(7)", "chapter": null, "content": "(7) The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his\nagent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other\nthan the giving of vote) for the furtherance of the prospects of that candidate’s election, 2[from any person\nwhether or not in the service of the Government] and belonging to any of the following classes,\nnamely:—", "footnote": "", "is_definition": false, "sort_order": 5780 }, { "number": "123", "title": "Section 123(7)(a)", "chapter": null, "content": "(a) gazetted officers;", "footnote": "", "is_definition": false, "sort_order": 5790 }, { "number": "123", "title": "Section 123(7)(b)", "chapter": null, "content": "(b) stipendiary judges and magistrates;", "footnote": "", "is_definition": false, "sort_order": 5800 }, { "number": "123", "title": "Section 123(7)(c)", "chapter": null, "content": "(c) members of the armed forces of the Union;", "footnote": "", "is_definition": false, "sort_order": 5810 }, { "number": "123", "title": "Section 123(7)(d)", "chapter": null, "content": "(d) members of the police forces;", "footnote": "", "is_definition": false, "sort_order": 5820 }, { "number": "123", "title": "Section 123(7)(e)", "chapter": null, "content": "(e) excise officers;", "footnote": "", "is_definition": false, "sort_order": 5830 }, { "number": "123", "title": "Section 123(7)(f)", "chapter": null, "content": "3[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels,\ndeshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a\nshare of, or commission on, the amount of land revenue collected by them but who do not disc harge\nany police functions; and", "footnote": "", "is_definition": false, "sort_order": 5840 }, { "number": "123", "title": "Section 123(7)(g)", "chapter": null, "content": "(g) such other class of persons in the service of the Government as may be prescribed:", "footnote": "", "is_definition": false, "sort_order": 5850 }, { "number": "123", "title": "Proviso to Section 123(7)(g)", "chapter": null, "content": "4[Provided that where any person, in the service of the Government and belonging to any of the\nclasses aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or\nprovides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or\nany other person acting with the consent of the candidate or his election agent (whether by reason of the\noffice held by the candidate or for any other reason), such arrangement s facilities or act or thing shall not\nbe deemed to be assistance for the furtherance of the prospects of that candidate’s election;]", "footnote": "", "is_definition": false, "sort_order": 5860 }, { "number": "123", "title": "Section 123(7)(h)", "chapter": null, "content": "5[(h) class of persons in the service of a local authority, university, government company or\ninstitution or concern or undertaking appointed or deputed by the Election Commission in connection\nwith the conduct of elections.]", "footnote": "", "is_definition": false, "sort_order": 5870 }, { "number": "123", "title": "Section 123(8)", "chapter": null, "content": "6[(8) Booth capturing by a candidate or his agent or other person.]", "footnote": "", "is_definition": false, "sort_order": 5880 }, { "number": "123", "title": "Explanation to Section 123(8)", "chapter": null, "content": "Explanation.—(1) In this section the expression “agent” includes an election agent, a polling agent\nand any person who is held to have acted as an agent in connection with the election with the consent of\nthe candidate.", "footnote": "", "is_definition": false, "sort_order": 5890 }, { "number": "123", "title": "Section 123(2)", "chapter": null, "content": "(2) For the purposes of clause ( 7), a person shall be deemed to assist in the furtherance of the\nprospects of a candidate’s election if he acts as an election agent 7*** of that candidate.", "footnote": "", "is_definition": false, "sort_order": 5900 }, { "number": "123", "title": "Section 123(3)", "chapter": null, "content": "8[(3) For the proposes of clause ( 7), notwithstanding anything contained in any other law, the\npublication in the Official Gazette of the appointment, resignation, termination of service, dismissal or\nremoval from service of a person in the service of the Central Government (incl uding a person serving in\nconnection with the administration of a Union territory) or of a S tate Government shall be conclusive\nproof—", "footnote": "", "is_definition": false, "sort_order": 5910 }, { "number": "123", "title": "Section 123(3)(i)", "chapter": null, "content": "(i) of such appointment, resignation, termination of service, dismissal or removal from service, as\nthe case may be, and", "footnote": "", "is_definition": false, "sort_order": 5920 }, { "number": "123", "title": "Section 123(3)(ii)", "chapter": null, "content": "(ii) where the date of taking effect of such appointment, resignation, termination of service,\ndismissal or removal from service, as the case may be, is sta ted in such publication, also of the fact\nthat such person was appointed with effect from the said date, or in the case of resignation,\ntermination of service, dismissal or removal from service such person ceased to be in such service\nwith effect from the said date.]", "footnote": "", "is_definition": false, "sort_order": 5930 }, { "number": "123", "title": "Section 123(4)", "chapter": null, "content": "1[(4) For the purposes of clause ( 8), “booth capturing ” shall have the same meaning as in\nsection 135A.]", "footnote": "", "is_definition": false, "sort_order": 5940 }, { "number": "596", "title": "CHAPTER III - ELECTORAL OFFENCES", "chapter": "CHAPTER III", "content": "", "footnote": "", "is_definition": false, "sort_order": 5950 }, { "number": "125", "title": "Section 125. Promoting enmity between classes in connection with election", "chapter": null, "content": "Any person who in\nconnection with an election under this Act promotes or attempts to promote on grounds of religion, race,\ncaste, community or language, feelings of enmity or hatred, between different classes of the citizens of\nIndia shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or\nwith both.]\n3[125A. Penalty for filing false affidavit, etc. —A candidate who himself or through his proposer,\nwith intent to be elected in an election,—", "footnote": "", "is_definition": false, "sort_order": 5960 }, { "number": "125", "title": "Section 125(i)", "chapter": null, "content": "(i) fails to furnish information relating to sub-section (1) of section 33A; or", "footnote": "", "is_definition": false, "sort_order": 5970 }, { "number": "125", "title": "Section 125(ii)", "chapter": null, "content": "(ii) give false information which he knows or has reason to believe to be false; or", "footnote": "", "is_definition": false, "sort_order": 5980 }, { "number": "125", "title": "Section 125(iii)", "chapter": null, "content": "(iii) conceals any information, in his nomination paper delivered under sub -section ( 1) of\nsection 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as\nthe case may be, shall, notwithstanding anything contained in any other law for the time being in\nforce, be punishable with imprisonment for a term which may extend to six months, or with fine, or\nwith both.]", "footnote": "", "is_definition": false, "sort_order": 5990 }, { "number": "126", "title": "Section 126. Prohibition of public meetings during period of forty", "chapter": null, "content": "eight hours ending with hour fixed\nfor conclusion of poll.—", "footnote": "", "is_definition": false, "sort_order": 6000 }, { "number": "126", "title": "Section 126(1)", "chapter": null, "content": "(1) No person shall—", "footnote": "", "is_definition": false, "sort_order": 6010 }, { "number": "126", "title": "Section 126(1)(a)", "chapter": null, "content": "(a) convene, hold, attend, join or address any public meeting or procession in connection with\nan election; or", "footnote": "", "is_definition": false, "sort_order": 6020 }, { "number": "126", "title": "Section 126(1)(b)", "chapter": null, "content": "(b) display to the public any election matter by means of cinematograph, television or other\nsimilar apparatus; or", "footnote": "", "is_definition": false, "sort_order": 6030 }, { "number": "126", "title": "Section 126(1)(c)", "chapter": null, "content": "(c) propagate any election matter to the public by holding, or by arranging the holding of, any\nmusical concert or any theatrical performance or any other entertainment or amusement with a\nview to attracting the members of the public thereto,\nin any polling area during the period of forty -eight hours ending with the fixed for the conclusion of t he\npoll for any election in the polling area.", "footnote": "", "is_definition": false, "sort_order": 6040 }, { "number": "126", "title": "Section 126(2)", "chapter": null, "content": "(2) Any person who contravenes the provisions of sub -section ( 1) shall be punishable with\nimprisonment for a term which may extend to two years, or with fine, or with both.", "footnote": "", "is_definition": false, "sort_order": 6050 }, { "number": "126", "title": "Section 126(3)", "chapter": null, "content": "(3) In this section, the expression “election matter ” means any matter intended or calculated to\ninfluence or affect the result of an election.]", "footnote": "", "is_definition": false, "sort_order": 6060 }, { "number": "126A", "title": "Section 126A(1)", "chapter": null, "content": "(1) No person\nshall conduct any exit poll and publish or publicise by means of the print or electronic media or\ndisseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be\nnotified by the Election Commission in this regard.", "footnote": "", "is_definition": false, "sort_order": 6070 }, { "number": "126A", "title": "Section 126A(2)", "chapter": null, "content": "(2) For the purposes of sub -section (1), the Election Commission shall, by a general order, notify the\ndate and time having due regard to the following, namely:—", "footnote": "", "is_definition": false, "sort_order": 6080 }, { "number": "126A", "title": "Section 126A(2)(a)", "chapter": null, "content": "(a) in case of a general election, the period may commence from the beginning of the hours fixed\nfor poll on the first day of poll and continue till half an hour after closing of the poll in all the States\nand Union territories;", "footnote": "", "is_definition": false, "sort_order": 6090 }, { "number": "126A", "title": "Section 126A(2)(b)", "chapter": null, "content": "(b) in case of a bye-election or a number of bye-election held together, the period may commence\nfrom the beginning of the hours fixed for poll on and from the first day of poll and continue till half\nan hour after closing of the poll:", "footnote": "", "is_definition": false, "sort_order": 6100 }, { "number": "126A", "title": "Proviso to Section 126A(2)(b)", "chapter": null, "content": "Provided that in case of a number of bye-elections held together on different days, the period may\ncommence from the beginning of the hours fixed for poll on the first day of poll and continue till half\nan hour after closing of the last poll.", "footnote": "", "is_definition": false, "sort_order": 6110 }, { "number": "126A", "title": "Section 126A(3)", "chapter": null, "content": "(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment\nfor a term which may extend to two years or with fine or with both.", "footnote": "", "is_definition": false, "sort_order": 6120 }, { "number": "126A", "title": "Explanation to Section 126A(3)", "chapter": null, "content": "Explanation.—For the purposes of this section,—", "footnote": "", "is_definition": false, "sort_order": 6130 }, { "number": "126A", "title": "Section 126A(3)(a)", "chapter": null, "content": "(a) “exit poll ” means an opinion survey respecting how electors have voted at an election or\nrespecting how all the electors have performed with regard to the identification of a political party or\ncandidate in an election;", "footnote": "", "is_definition": false, "sort_order": 6140 }, { "number": "126A", "title": "Section 126A(3)(b)", "chapter": null, "content": "(b) “electronic media ” includes internet, radio and television including Internet Protocol\nTelevision, satellite, terrestrial o r cable channels, mobile and such other media either owned by the\nGovernment or private person or by both;", "footnote": "", "is_definition": false, "sort_order": 6150 }, { "number": "126A", "title": "Section 126A(3)(c)", "chapter": null, "content": "(c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any\nother document;", "footnote": "", "is_definition": false, "sort_order": 6160 }, { "number": "126A", "title": "Section 126A(3)(d)", "chapter": null, "content": "(d) “dissemination” includes publication in any “print media ” or broadcast or display on any\nelectronic media.", "footnote": "", "is_definition": false, "sort_order": 6170 }, { "number": "126B", "title": "Section 126B(1)", "chapter": null, "content": "(1) Where an offence under sub -section (2) of section 126A has\nbeen committed by a company, every person who , at the time the offence was committed , was in charge\nof, and was responsible to the company for the conduct of the business of the company, as well as the\ncompany, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and\npunished accordingly:", "footnote": "", "is_definition": false, "sort_order": 6180 }, { "number": "126B", "title": "Proviso to Section 126B(1)", "chapter": null, "content": "Provided that nothing contained in this sub -section shall render any such person liable to any\npunishment provided in this Act if he proves that the offence was committed without his knowledge or\nthat he exercised all due diligence to prevent the commission of such offence.", "footnote": "", "is_definition": false, "sort_order": 6190 }, { "number": "126B", "title": "Section 126B(2)", "chapter": null, "content": "(2) Notwithstanding anything contained in sub -section (1), where an offence under this Act has been\ncommitted by a company and it is proved that the offence has been committed with the consent or\nconnivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other\nofficer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty\nof that offence and shall be liable to be proceeded against and punished accordingly.", "footnote": "", "is_definition": false, "sort_order": 6200 }, { "number": "126B", "title": "Explanation to Section 126B(2)", "chapter": null, "content": "Explanation.—For the purpose of this section,—", "footnote": "", "is_definition": false, "sort_order": 6210 }, { "number": "126B", "title": "Section 126B(2)(a)", "chapter": null, "content": "(a) “company” means any body corporate, and includes a firm or other association of\nindividuals; and", "footnote": "", "is_definition": false, "sort_order": 6220 }, { "number": "126B", "title": "Section 126B(2)(b)", "chapter": null, "content": "(b) “director” in relation to a firm, means a partner in the firm.]", "footnote": "", "is_definition": false, "sort_order": 6230 }, { "number": "127", "title": "Section 127(1)", "chapter": null, "content": "(1) Any person who at a public meeting to which this\nsection applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the\ntransaction of the business for which the meeting was called together, 1[shall be punishable with\nimprisonment for a term which may extend to 1[six months or with fine which may extend to two\nthousand rupees], or with both.]", "footnote": "", "is_definition": false, "sort_order": 6240 }, { "number": "127", "title": "Section 127(1A)", "chapter": null, "content": "2[(1A) An offence punishable under sub-section (1) shall be cognizable.]", "footnote": "", "is_definition": false, "sort_order": 6250 }, { "number": "127", "title": "Section 127(2)", "chapter": null, "content": "(2) This section applies to any public meeting of a political character held in any constituency\nbetween the date of the issue of a notification under this Act calling upon the constituency to elect a\nmember or members and the date on which such election is held.", "footnote": "", "is_definition": false, "sort_order": 6260 }, { "number": "127", "title": "Section 127(3)", "chapter": null, "content": "(3) If any police officer reasonably suspe cts any person of committing an offence under\nsub-section ( 1), he may, if requested so to do by the chairman of the meeting, require that person to\ndeclare to him immediately his name and address and, if that person refuses or fails so to declare his name\nand address, or if the police officer reasonably suspects him of giving a false name or address, the police\nofficer may arrest him without warrant.", "footnote": "", "is_definition": false, "sort_order": 6270 }, { "number": "127A", "title": "Section 127A(1)", "chapter": null, "content": "(1) No person shall print or\npublish, or cause to be printed or published, any election pamphlet or poster which does not bear on its\nface the names and addresses of the printer and the publisher thereof.", "footnote": "", "is_definition": false, "sort_order": 6280 }, { "number": "127A", "title": "Section 127A(2)", "chapter": null, "content": "(2) No person shall print or cause to be printed any election pamphlet or poster—", "footnote": "", "is_definition": false, "sort_order": 6290 }, { "number": "127A", "title": "Section 127A(2)(a)", "chapter": null, "content": "(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by\ntwo persons to whom he is personally known, is delivered by him to the printer in duplicate; and", "footnote": "", "is_definition": false, "sort_order": 6300 }, { "number": "127A", "title": "Section 127A(2)(b)", "chapter": null, "content": "(b) unless, within a reasonable time after the printing of the document, one copy of the\ndeclaration is sent by the printer, together with one copy of the document,—", "footnote": "", "is_definition": false, "sort_order": 6310 }, { "number": "127A", "title": "Section 127A(2)(i)", "chapter": null, "content": "(i) where it is printed in the capital of the State, to the Chief Electoral Officer, and", "footnote": "", "is_definition": false, "sort_order": 6320 }, { "number": "127A", "title": "Section 127A(2)(ii)", "chapter": null, "content": "(ii) in any other case, to the district magistrate of the district in which it is printed.", "footnote": "", "is_definition": false, "sort_order": 6330 }, { "number": "127A", "title": "Section 127A(3)", "chapter": null, "content": "(3) For the purposes of this section,—", "footnote": "", "is_definition": false, "sort_order": 6340 }, { "number": "127A", "title": "Section 127A(3)(a)", "chapter": null, "content": "(a) any process for multiplying copies of a document, other than copying it by hand, shall be\ndeemed to be printing and the expression “printer” shall be construed accordingly; and", "footnote": "", "is_definition": false, "sort_order": 6350 }, { "number": "127A", "title": "Section 127A(3)(b)", "chapter": null, "content": "(b) “election pamphlet or poster ” means any printed pamphlet, hand -bill or other document\ndistributed for the purpose of promoting or prejudicing the election of a candidate or group of\ncandidates or any placard or poster having reference to an election, but does not include any\nhand-bill, placard or poster merely announcing the date, time, place and other particulars of an\nelection meeting or routine instructions to election agents or workers.", "footnote": "", "is_definition": false, "sort_order": 6360 }, { "number": "127A", "title": "Section 127A(4)", "chapter": null, "content": "(4) Any person who contravenes any of the provisions of sub -section (1) or sub -section (2) shall be\npunishable with imprisonment for a term which may extend to six months, or with fine which may extend\nto two thousand rupees, or with both.]", "footnote": "", "is_definition": false, "sort_order": 6370 }, { "number": "128", "title": "Section 128(1)", "chapter": null, "content": "(1) Every officer, clerk, agent or other person who\nperforms any duty in connection with the recording or counting of votes at an election shall maintain, and\naid in maintaining, the secrecy of the voting and shall not (except for some purpose authori sed by or\nunder any law) communicate to any person any information calculated to violate such secrecy:", "footnote": "", "is_definition": false, "sort_order": 6380 }, { "number": "128", "title": "Proviso to Section 128(1)", "chapter": null, "content": "4[Provided that the provisions of this sub -section shall not apply to such officer, clerk, agent or other\nperson who performs any such duty at an election to fill a seat or seats in the Council of States.]", "footnote": "", "is_definition": false, "sort_order": 6390 }, { "number": "128", "title": "Section 128(2)", "chapter": null, "content": "(2) Any person who contravenes the provisions of sub -section ( 1) shall be punishable with\nimprisonment for a term which may extend to three months or with fine or with both.", "footnote": "", "is_definition": false, "sort_order": 6400 }, { "number": "129", "title": "Section 129(1)", "chapter": null, "content": "(1) No person\nwho is 1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or\npolling officer at an election, or an officer or clerk appointed by the returning officer for the presiding\nofficer to perform any duty in connection with an election shall in the conduct or the management of the\nelection do any act (other than the giving of vote) for the furtherance of the prospects of the election of a\ncandidate.", "footnote": "", "is_definition": false, "sort_order": 6410 }, { "number": "129", "title": "Section 129(2)", "chapter": null, "content": "(2) No such person as aforesaid, and no member of a police force, shall endeavour—", "footnote": "", "is_definition": false, "sort_order": 6420 }, { "number": "129", "title": "Section 129(2)(a)", "chapter": null, "content": "(a) to persuade any person to give his vote at an election, or", "footnote": "", "is_definition": false, "sort_order": 6430 }, { "number": "129", "title": "Section 129(2)(b)", "chapter": null, "content": "(b) to dissuade any person from giving his vote at an election, or", "footnote": "", "is_definition": false, "sort_order": 6440 }, { "number": "129", "title": "Section 129(2)(c)", "chapter": null, "content": "(c) to influence the voting of any person at an election in any manner.", "footnote": "", "is_definition": false, "sort_order": 6450 }, { "number": "129", "title": "Section 129(3)", "chapter": null, "content": "(3) Any person who contravenes the provisions of sub -section ( 1) or sub -section ( 2) shall be\npunishable with imprisonment which may extend to six months or with fine or with both.", "footnote": "", "is_definition": false, "sort_order": 6460 }, { "number": "129", "title": "Section 129(4)", "chapter": null, "content": "2[(4) An offence punishable under sub-section (3) shall be cognizable.]", "footnote": "", "is_definition": false, "sort_order": 6470 }, { "number": "130", "title": "Section 130(1)", "chapter": null, "content": "(1) No person shall, on the date or\ndates on which a poll is taken at any polling station, commit any of the following acts within the polling\nstation or in any public or private place within a distance of 3[one hundred metres] of the polling station,\nnamely:—", "footnote": "", "is_definition": false, "sort_order": 6480 }, { "number": "130", "title": "Section 130(1)(a)", "chapter": null, "content": "(a) canvassing for votes; or", "footnote": "", "is_definition": false, "sort_order": 6490 }, { "number": "130", "title": "Section 130(1)(b)", "chapter": null, "content": "(b) soliciting the vote of any elector, or", "footnote": "", "is_definition": false, "sort_order": 6500 }, { "number": "130", "title": "Section 130(1)(c)", "chapter": null, "content": "(c) persuading any elector not to vote for any particular candidate; or", "footnote": "", "is_definition": false, "sort_order": 6510 }, { "number": "130", "title": "Section 130(1)(d)", "chapter": null, "content": "(d) persuading any elector not to vote at the election; or", "footnote": "", "is_definition": false, "sort_order": 6520 }, { "number": "130", "title": "Section 130(1)(e)", "chapter": null, "content": "(e) exhibiting any notice or sign (other than an official notice) relating to the election.", "footnote": "", "is_definition": false, "sort_order": 6530 }, { "number": "130", "title": "Section 130(2)", "chapter": null, "content": "(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which\nmay extend to two hundred and fifty rupees.", "footnote": "", "is_definition": false, "sort_order": 6540 }, { "number": "130", "title": "Section 130(3)", "chapter": null, "content": "(3) An offence punishable under this section shall be cognizable.", "footnote": "", "is_definition": false, "sort_order": 6550 }, { "number": "131", "title": "Section 131(1)", "chapter": null, "content": "(1) No person shall, on the date\nor dates on which a poll is taken at any polling station,—", "footnote": "", "is_definition": false, "sort_order": 6560 }, { "number": "131", "title": "Section 131(1)(a)", "chapter": null, "content": "(a) use or operate within or at the entrance of the polling station, or in any public or private place\nin the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a\nmegaphone or a loudspeaker, or", "footnote": "", "is_definition": false, "sort_order": 6570 }, { "number": "131", "title": "Section 131(1)(b)", "chapter": null, "content": "(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station\nor in any public or private place in the neighbourhood thereof,\nso as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with\nthe work of the officers and other persons on duty at the polling station.", "footnote": "", "is_definition": false, "sort_order": 6580 }, { "number": "131", "title": "Section 131(2)", "chapter": null, "content": "(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of\nsub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or\nwith both.", "footnote": "", "is_definition": false, "sort_order": 6590 }, { "number": "131", "title": "Section 131(3)", "chapter": null, "content": "(3) If the presiding officer of a polling station has reason to believe that any person is committing or\nhas committed an offence punishable under this section, he may direct any police officer to arrest such\nparson, and thereupon the police officer shall arrest him.", "footnote": "", "is_definition": false, "sort_order": 6600 }, { "number": "131", "title": "Section 131(4)", "chapter": null, "content": "(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for\npreventing any contravention of the provisions of sub -section (1), and may seize any apparatus used for\nsuch contravention.", "footnote": "", "is_definition": false, "sort_order": 6610 }, { "number": "132", "title": "Section 132(1)", "chapter": null, "content": "(1) Any person who during the hours fixed for\nthe poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding\nofficer may be removed from the polling station by the presiding officer or by any police officer on duty\nor by any person authorised in this behalf by such presiding officer.", "footnote": "", "is_definition": false, "sort_order": 6620 }, { "number": "132", "title": "Section 132(2)", "chapter": null, "content": "(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is\notherwise entitled to vote at a polling station from having an opportunity of voting at that station.", "footnote": "", "is_definition": false, "sort_order": 6630 }, { "number": "132", "title": "Section 132(3)", "chapter": null, "content": "(3) If any person who has been so removed from a polling station re-enters the polling station without\nthe permission of the presiding officer, he shall be punishable with imprisonment for a term which may\nextend to three months, or with fine, or with both.", "footnote": "", "is_definition": false, "sort_order": 6640 }, { "number": "132", "title": "Section 132(4)", "chapter": null, "content": "(4) An offence punishable under sub-section (3) shall be cognizable.", "footnote": "", "is_definition": false, "sort_order": 6650 }, { "number": "132A", "title": "Section 132A. Penalty for failure to observe procedure for voting", "chapter": null, "content": "If any elector to whom a ballot\npaper has been issued, refuse d to observe the procedure prescribed for voting the ballot paper issued to\nhim shall be liable for cancellation.]", "footnote": "", "is_definition": false, "sort_order": 6660 }, { "number": "133", "title": "Section 133. Penalty for illegal hiring or procuring of conveyance at elections", "chapter": null, "content": "If any person is guilty\nof any such corrupt practice as is specified in clause ( 5) of section 123 at or in connection with an\nelection, he shall be punishable with imprisonment which may extend to three months and with fine.]", "footnote": "", "is_definition": false, "sort_order": 6670 }, { "number": "134", "title": "Section 134(1)", "chapter": null, "content": "(1) If any person to whom this section\napplies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be\npunishable with fine which may extend to five hundred rupees.", "footnote": "", "is_definition": false, "sort_order": 6680 }, { "number": "134", "title": "Section 134(1A)", "chapter": null, "content": "3[(1A) An offence punishable under sub-section (1) shall be cognizable.]", "footnote": "", "is_definition": false, "sort_order": 6690 }, { "number": "134", "title": "Section 134(2)", "chapter": null, "content": "(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any\nsuch act or omission as aforesaid.", "footnote": "", "is_definition": false, "sort_order": 6700 }, { "number": "134", "title": "Section 134(3)", "chapter": null, "content": "(3) The persons to whom this section applies are the 4*** 5[district election officers, returning\nofficers], assistant returning officers, presiding officers, polling officers and any other person appointed to\nperform any duty in connection with 6*** the receipt of nominations or withdrawal of candidatures, or the\nrecording or counting of votes at an election; and the expression “official duty” shall for the purposes of\nthis section be construed accordingly, but shall not include duties imposed otherwise than by or under this\nAct 4***.", "footnote": "", "is_definition": false, "sort_order": 6710 }, { "number": "134A", "title": "Section 134A. Penalty for Government servants for acting as election agent, polling agent or counting \nagent", "chapter": null, "content": "If any person in the service of the Government acts as an election agent or a polling agent or a\ncounting agent of a candidate at an election, he shall be punishable with imprisonment for a term which\nmay extend to three months, or with fine, or with both.]", "footnote": "", "is_definition": false, "sort_order": 6720 }, { "number": "134B", "title": "Section 134B(1)", "chapter": null, "content": "(1) No person, other than the\nreturning officer, the presiding officer, any police officer and any other person appointed to maintain\npeace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed\nwith arms, as defined in the A rms Act, 1959 (54 of 1959) , of any kind within the neighbourhood of a\npolling station.", "footnote": "54 of 1959", "is_definition": false, "sort_order": 6730 }, { "number": "134B", "title": "Section 134B(2)", "chapter": null, "content": "(2) If any person contravenes the provisions of sub -section ( 1), he shall be punishable with\nimprisonment for a term which may extend to two years or with fine, or with both.", "footnote": "", "is_definition": false, "sort_order": 6740 }, { "number": "134B", "title": "Section 134B(3)", "chapter": null, "content": "(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is\nconvicted of an offence under this section, the arms as defined in the said Act found in his possession\nshall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have\nbeen revoked under section 17 of that Act.", "footnote": "54 of 1959", "is_definition": false, "sort_order": 6750 }, { "number": "134B", "title": "Section 134B(4)", "chapter": null, "content": "(4) An offence punishable under sub-section (2) shall be cognizable.]", "footnote": "", "is_definition": false, "sort_order": 6760 }, { "number": "135", "title": "Section 135(1)", "chapter": null, "content": "(1) Any person who at any\nelection 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids\nor abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to\none year or with fine which may extend to five hundred rupees or with both.", "footnote": "", "is_definition": false, "sort_order": 6770 }, { "number": "135", "title": "Section 135(2)", "chapter": null, "content": "(2) If the presiding officer of a polling station has reason to believe that any person is committing or\nhas committed an offence punishable under sub -section (1), such officer may, before such person leaves\nthe polling station, arrest or direct a police officer to arrest such person and may search such person or\ncause him to be searched by a police officer:", "footnote": "", "is_definition": false, "sort_order": 6780 }, { "number": "135", "title": "Proviso to Section 135(2)", "chapter": null, "content": "Provided that when it is necessary to cause a woman to be searched, the search shall be made by\nanother woman with strict regard to decency.", "footnote": "", "is_definition": false, "sort_order": 6790 }, { "number": "135", "title": "Section 135(3)", "chapter": null, "content": "(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to\na police officer by the presiding officer, or when the search is made by a police officer, shall be kept by\nsuch officer in safe custody.", "footnote": "", "is_definition": false, "sort_order": 6800 }, { "number": "135", "title": "Section 135(4)", "chapter": null, "content": "(4) An offence punishable under sub-section (1) shall be cognizable.", "footnote": "", "is_definition": false, "sort_order": 6810 }, { "number": "135A", "title": "Section 135A. Offence of booth capturing", "chapter": null, "content": "3[(1)] Whoever commits an offence of booth capturing shall\nbe punishable with imprisonment for a term which 4[shall not be less than one year but which may extend\nto three years and with fine, and where such offence is committed by a person in the service of the\nGovernment, he shall be punishable with imprisonment for a term which shall not be less than three years\nbut which may extend to five years and with fine].", "footnote": "", "is_definition": false, "sort_order": 6820 }, { "number": "135A", "title": "Explanation to Section 135A", "chapter": null, "content": "Explanation.—For the purposes of 5[this sub -section and section 20 B] “booth capturing ” includes,\namong other things, all or any of the following activities, namely:—", "footnote": "", "is_definition": false, "sort_order": 6830 }, { "number": "135A", "title": "Section 135A(a)", "chapter": null, "content": "(a) seizure of a polling station or a place fixed for the poll by any person or persons making\npolling authorities surrender the ballot papers or voting machines and doing of any other Act which\naffects the orderly conduct of elections;", "footnote": "", "is_definition": false, "sort_order": 6840 }, { "number": "135A", "title": "Section 135A(b)", "chapter": null, "content": "(b) taking possession of a polling station or a place fixed for the poll by any person or\npersons, and allowing only his or their own supporters to exercise their right to vote and 4[prevent\nothers from free exercise of their right to vote];", "footnote": "", "is_definition": false, "sort_order": 6850 }, { "number": "135A", "title": "Section 135A(c)", "chapter": null, "content": "(c) 6[coercing or intimidating or threatening directly or indirectly,] any elector and preventing him\nfrom going to the polling station or a place fixed for the poll to cast his vote;", "footnote": "", "is_definition": false, "sort_order": 6860 }, { "number": "135A", "title": "Section 135A(d)", "chapter": null, "content": "(d) seizure of a place for counting of votes by any person or persons, making the counting\nauthorities surrender the ballot papers or voting machines and the doing of anything which affects the\norderly counting of votes;", "footnote": "", "is_definition": false, "sort_order": 6870 }, { "number": "135A", "title": "Section 135A(e)", "chapter": null, "content": "(e) doing by any person in the service of Government, of all or any of the aforesaid activities or\naiding or conniving at, any such activity in the furtherance of the prospects of the election of a\ncandidate.]", "footnote": "", "is_definition": false, "sort_order": 6880 }, { "number": "135A", "title": "Section 135A(2)", "chapter": null, "content": "1[(2) An offence punishable under sub-section (1) shall be cognizable.]", "footnote": "", "is_definition": false, "sort_order": 6890 }, { "number": "135B", "title": "Section 135B(1)", "chapter": null, "content": "(1) Every person employed in any\nbusiness, trade, industrial undertaking or any other establishment and entitled to vote at an election to the\nHouse of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.", "footnote": "", "is_definition": false, "sort_order": 6900 }, { "number": "135B", "title": "Section 135B(2)", "chapter": null, "content": "(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday\nhaving been granted in accordance with sub -section (1) and if such person is employed on the basis that\nhe would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages\nhe would have drawn had not a holiday been granted to him on that day.", "footnote": "", "is_definition": false, "sort_order": 6910 }, { "number": "135B", "title": "Section 135B(3)", "chapter": null, "content": "(3) If an employer contravenes the provisions of sub -section ( 1) or sub -section ( 2), then such\nemployer shall be punishable with fine which may extend to five hundred rupees.", "footnote": "", "is_definition": false, "sort_order": 6920 }, { "number": "135B", "title": "Section 135B(4)", "chapter": null, "content": "(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in\nrespect of the employment in which he is engaged.", "footnote": "", "is_definition": false, "sort_order": 6930 }, { "number": "135C", "title": "Section 135C(1)", "chapter": null, "content": "(1) No spirituous, fermented or\nintoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating\nhouse, tavern, shop or any other place, public or private, within a polling area during the period of\nforty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling\narea.", "footnote": "", "is_definition": false, "sort_order": 6940 }, { "number": "135C", "title": "Section 135C(2)", "chapter": null, "content": "(2) Any person who contravenes the provisions of sub -section ( 1), shall be punishable with\nimprisonment for a term which may extend to six months or with fine, which may extend to two thousand\nrupees, or with both.", "footnote": "", "is_definition": false, "sort_order": 6950 }, { "number": "135C", "title": "Section 135C(3)", "chapter": null, "content": "(3) Where a person is convicted of an offence under this section, the spirituous, fermented, or\nintoxicating liquors or other substances of a like nature found in his possession shall be liable to\nconfiscation and the same shall be disposed of in such manner as may be prescribed.]", "footnote": "", "is_definition": false, "sort_order": 6960 }, { "number": "136", "title": "Section 136(1)", "chapter": null, "content": "(1) A person shall be guilty of an electoral offence if\nat any election he—", "footnote": "", "is_definition": false, "sort_order": 6970 }, { "number": "136", "title": "Section 136(1)(a)", "chapter": null, "content": "(a) fraudulently defaces or fraudulently destroys any nomination paper; or", "footnote": "", "is_definition": false, "sort_order": 6980 }, { "number": "136", "title": "Section 136(1)(b)", "chapter": null, "content": "(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or\nunder the authority of returning officer; or", "footnote": "", "is_definition": false, "sort_order": 6990 }, { "number": "136", "title": "Section 136(1)(c)", "chapter": null, "content": "(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any\nballot paper or any declaration of identity or official envelop used in connection with voting by postal\nballot; or", "footnote": "", "is_definition": false, "sort_order": 7000 }, { "number": "136", "title": "Section 136(1)(d)", "chapter": null, "content": "(d) without due authority supplies any ballot paper to any person 3[or receives any ballot paper\nfrom any person or is in possession of any ballot paper]; or", "footnote": "", "is_definition": false, "sort_order": 7010 }, { "number": "136", "title": "Section 136(1)(e)", "chapter": null, "content": "(e) fraudulently puts into any ballot box anything other than the ballot paper which he is\nauthorised by law to put in; or", "footnote": "", "is_definition": false, "sort_order": 7020 }, { "number": "136", "title": "Section 136(1)(f)", "chapter": null, "content": "(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or\nballot papers than in use for the purposes of the election; or", "footnote": "", "is_definition": false, "sort_order": 7030 }, { "number": "136", "title": "Section 136(1)(g)", "chapter": null, "content": "(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing\nacts or wilfully aids or abets the doing of any such acts.", "footnote": "", "is_definition": false, "sort_order": 7040 }, { "number": "136", "title": "Section 136(2)", "chapter": null, "content": "(2) Any person guilty of an electoral offence under this section shall,—", "footnote": "", "is_definition": false, "sort_order": 7050 }, { "number": "136", "title": "Section 136(2)(a)", "chapter": null, "content": "(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling\nstation or any other officer or clerk employed on official duty in connection with the election, be\npunishable with imprisonment for a term which may extend to two years or with fine or with both;", "footnote": "", "is_definition": false, "sort_order": 7060 }, { "number": "136", "title": "Section 136(2)(b)", "chapter": null, "content": "(b) if he is any other person, be punishable with imprisonment for a term which may extend to six\nmonths or with fine or with both.", "footnote": "", "is_definition": false, "sort_order": 7070 }, { "number": "136", "title": "Section 136(3)", "chapter": null, "content": "(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to\ntake part in the conduct of an election or part of an election including the counting of votes or to be\nresponsible after an election for the used ballot papers and other documents in connection with such\nelection, but the expression “official duty” shall not include any duty imposed otherwise than by or under\nthis Act 1***.", "footnote": "", "is_definition": false, "sort_order": 7080 }, { "number": "136", "title": "Section 136(4)", "chapter": null, "content": "2[(4) An offence punishable under sub-section (2) shall be cognizable.]\n137. [Prosecution regarding certain offences .] Omitted by the Representation of the People\n(Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966).\n138. [Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2\nand the First Schedule (w.e.f. 17-9-1957).", "footnote": "47 of 1966; 5 of 1898; 36 of 1957", "is_definition": false, "sort_order": 7090 }, { "number": "711", "title": "PART VIII - DISQUALIFICATIONS 139—145. [CHAPTERS I TO III. ] OMITTED BY THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1966 (47 OF 1966), S. 62 (W.E.F. 14-12-1966).", "chapter": "PART VIII", "content": "", "footnote": "", "is_definition": false, "sort_order": 7100 }, { "number": "712", "title": "CHAPTER IV - POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS TO DISQUALIFICATIONS OF MEMBERS", "chapter": "CHAPTER IV", "content": "", "footnote": "", "is_definition": false, "sort_order": 7110 }, { "number": "146", "title": "Section 146(1)", "chapter": null, "content": "(1) Where in connection with the tendering of any opinion\nto the President under article 103 or, as the case may be, under sub -section ( 4) of section 14 of the\nGovernment of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the\nElection Commission considers it necessary or proper to make an inquiry, and the Commission is\nsatisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties\nconcerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired\ninto, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying\na suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—", "footnote": "20 of 1963; 5 of 1908", "is_definition": false, "sort_order": 7120 }, { "number": "146", "title": "Section 146(1)(a)", "chapter": null, "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;", "footnote": "", "is_definition": false, "sort_order": 7130 }, { "number": "146", "title": "Section 146(1)(b)", "chapter": null, "content": "(b) requiring the discovery and production of any document or other material object producible as\nevidence;", "footnote": "", "is_definition": false, "sort_order": 7140 }, { "number": "146", "title": "Section 146(1)(c)", "chapter": null, "content": "(c) receiving evidence on affidavits;", "footnote": "", "is_definition": false, "sort_order": 7150 }, { "number": "146", "title": "Section 146(1)(d)", "chapter": null, "content": "(d) requisitioning any public record or a copy thereof from any court or office;", "footnote": "", "is_definition": false, "sort_order": 7160 }, { "number": "146", "title": "Section 146(1)(e)", "chapter": null, "content": "(e) issuing commissions for the examination of witnesses or documents.", "footnote": "", "is_definition": false, "sort_order": 7170 }, { "number": "146", "title": "Section 146(2)", "chapter": null, "content": "(2) The Commission shall also have the power to require any person, subject to any privilege which\nmay be claimed by that person under any law for the time being in force, to furnish information on such\npoints or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter\nof the inquiry.", "footnote": "", "is_definition": false, "sort_order": 7180 }, { "number": "146", "title": "Section 146(3)", "chapter": null, "content": "(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in\nsection 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is\ncommitted in the view or presence of the Commission, the Commission may after recording the facts\nconstituting the offence and the statement of the accused as provided for in the Code of Criminal\nProcedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the\nmagistrate to whom any such case is forwarded shall proceed to hear the complaint against the\naccused as if the case had been forwarded to him under section 482 of the Code of Criminal\nProcedure, 1898 (5 of 1898).", "footnote": "45 of 1860; 5 of 1898", "is_definition": false, "sort_order": 7190 }, { "number": "146", "title": "Section 146(4)", "chapter": null, "content": "(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the\nmeaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).", "footnote": "45 of 1860", "is_definition": false, "sort_order": 7200 }, { "number": "146A", "title": "Section 146A. Statements made by person to the Election Commission", "chapter": null, "content": "No statement made by a person\nin the course of giving evidence before the Election Commission shall subject him to, or be used against\nhim in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:", "footnote": "", "is_definition": false, "sort_order": 7210 }, { "number": "146A", "title": "Proviso to Section 146A", "chapter": null, "content": "Provided that the statement—", "footnote": "", "is_definition": false, "sort_order": 7220 }, { "number": "146A", "title": "Section 146A(a)", "chapter": null, "content": "(a) is made in reply to a question which he is required by the Commission to answer, or", "footnote": "", "is_definition": false, "sort_order": 7230 }, { "number": "146A", "title": "Section 146A(b)", "chapter": null, "content": "(b) is relevant to the subject-matter of the inquiry.", "footnote": "", "is_definition": false, "sort_order": 7240 }, { "number": "146B", "title": "Section 146B. Procedure to be followed by the Election Commission", "chapter": null, "content": "The Election Commission shall\nhave the power to regulate its own procedure (including the fixing of places and times of its sittings and\ndeciding whether to sit in public or in private).", "footnote": "", "is_definition": false, "sort_order": 7250 }, { "number": "146C", "title": "Section 146C. Protection of action taken in good faith", "chapter": null, "content": "No suit, prosecution or other legal proceeding\nshall lie against the Commission or any person acting under the direction of the Commission in respect of\nanything which is in good faith done or intended to be done in pursuance of the foregoing provisions of\nthis Chapter or of any order made thereunder or in respect of the tendering of any opinion by the\nCommission to the President or, as the case may be, to the Governor or in respect of the publication, by or\nunder the authority of the Commission of any such opinion, paper or proceedings.", "footnote": "", "is_definition": false, "sort_order": 7260 }, { "number": "728", "title": "PART IX - BYE-ELECTIONS", "chapter": "PART IX", "content": "", "footnote": "", "is_definition": false, "sort_order": 7270 }, { "number": "147", "title": "Section 147. Casual vacancies in the Council of States", "chapter": null, "content": "1[(1)] When before the expiration of the term of\noffice of a member elected to the Council of S tates, his seat becomes vacant or is declared vacant or his\nelection to the Council of States is declared void, the Election Commission shall by a notification in the\nGazette of India call upon the elected members of the Legislative Assembly or the members of the\nelectoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the\nvacancy so caused before such date as may be specified in the notification and the provisions of this Act\nand of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a\nmember to fill such vacancy.", "footnote": "", "is_definition": false, "sort_order": 7280 }, { "number": "147", "title": "Section 147(2)", "chapter": null, "content": "3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment)\nAct, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the\nStates of Assam, Orissa and Uttar Pradesh and the 4[Union territories of Delhi, Himachal Pradesh and\nManipur].]\n148. [Casual vacancies in the electoral colleges for certain Union territories .] Omitted by the\nTerritorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).", "footnote": "103 of 1956", "is_definition": false, "sort_order": 7290 }, { "number": "149", "title": "Section 149(1)", "chapter": null, "content": "(1) When the seat of a member elected to the\nHouse of the People becomes vacant or is declared vacant or his election to the House of the People is\ndeclared void, the Election Commission shall, subject to the provisions of sub -section ( 2), by a\nnotification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person\nfor the purpose of filling the vacancy so caused before such da te as may be specified in the notification,\nand the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in\nrelation to the election of a member to fill such vacancy.", "footnote": "", "is_definition": false, "sort_order": 7300 }, { "number": "149", "title": "Section 149(2)", "chapter": null, "content": "(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the\nScheduled Castes or for any Scheduled Tribes, the notification issued under sub -section (1) shall specify\nthat the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the\ncase may be.", "footnote": "", "is_definition": false, "sort_order": 7310 }, { "number": "150", "title": "Section 150. Casual vacancies in the State Legislative Assemblies", "chapter": null, "content": "When the seat of a member elected to\nthe Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative\nAssembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by\n1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).\n2. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and Sch. IV\n(w.e.f. 6-9-1951).\n3. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).\n4. Now the National Capital territory of Delhi and the States of Himachal Pradesh and Manipur.\na notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for\nthe purpose of filling the vacancy so caused before such date as may be specified in the notification, and\nthe provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in\nrelation to the election of a member to fill such vacancy.", "footnote": "49 of 1951", "is_definition": false, "sort_order": 7320 }, { "number": "150", "title": "Section 150(2)", "chapter": null, "content": "(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the\nScheduled Castes or for any Scheduled Tribes, the notification issued under sub -section (1) shall specify\nthat the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the\ncase may be.", "footnote": "", "is_definition": false, "sort_order": 7330 }, { "number": "151", "title": "Section 151. Casual vacancies in the State Legislative Councils", "chapter": null, "content": "When before the expiration of the term\nof office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared\nvacant or his election to the Legislative Council is declared void, the Election Commission shall, by a\nnotification in the Official Gazette, call upon the Council constituency concerned or the members of the\nLegislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the\nvacancy so caused, before such date as may be specified in the notification, and the provisions of this Act\nand of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a\nmember to fill such vacancy.", "footnote": "", "is_definition": false, "sort_order": 7340 }, { "number": "151A", "title": "Section 151A. Time limit for filling vacancies referred to in sections 147, 149, 150 \nand 151", "chapter": null, "content": "Notwithstanding anything contained in section 147, section 149, section 150 and section 151,\na bye-election for filling any vacancy referred to in any of the said sections shall be held within a period\nof six months from the date of the occurrence of the vacancy:", "footnote": "", "is_definition": false, "sort_order": 7350 }, { "number": "151A", "title": "Proviso to Section 151A", "chapter": null, "content": "Provided that nothing contained in this section shall apply if—", "footnote": "", "is_definition": false, "sort_order": 7360 }, { "number": "151A", "title": "Section 151A(a)", "chapter": null, "content": "(a) the remainder of the term of a member in relation to a vacancy is less than one year; or", "footnote": "", "is_definition": false, "sort_order": 7370 }, { "number": "151A", "title": "Section 151A(b)", "chapter": null, "content": "(b) the Election Commission in consultation with the Central Government certifies that it is\ndifficult to hold the bye-election within the said period.]", "footnote": "", "is_definition": false, "sort_order": 7380 }, { "number": "740", "title": "PART X - MISCELLANEOUS", "chapter": "PART X", "content": "", "footnote": "", "is_definition": false, "sort_order": 7390 }, { "number": "152", "title": "Section 152(1)", "chapter": null, "content": "(1) The returning officer for an election by the elected members of\nthe Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the\nmembers of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the\nState shall, for the purposes of such election maintain in his office in the prescribed manner and form a\nlist of elected members or a list of members, as the case may be, of that Legislative Assembly.", "footnote": "", "is_definition": false, "sort_order": 7400 }, { "number": "152", "title": "Section 152(2)", "chapter": null, "content": "(2) The returning officer for an election by the members of the electoral college for a 2[Union\nterritory] 3*** 4*** to fill a seat or seats in the Council of States shall, for the purposes of such election,\nmaintain in his office in the prescribed manner and form a list of members of that electoral college 4***.", "footnote": "", "is_definition": false, "sort_order": 7410 }, { "number": "152", "title": "Section 152(3)", "chapter": null, "content": "(3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale.", "footnote": "", "is_definition": false, "sort_order": 7420 }, { "number": "153", "title": "Section 153. Extension of time for completion of election", "chapter": null, "content": "It shall be competent for the Election\nCommission for reasons which it considers sufficient, to extend the time for the completion of any\nelection by making necessary amendments in the notification issued by it under section 30 or\nsub-section (1) of section 39.]", "footnote": "", "is_definition": false, "sort_order": 7430 }, { "number": "154", "title": "Section 154(1)", "chapter": null, "content": "6[(1) Subject to the provisions of\nsub-sections (2) and ( 2A), the term of office of a member of the Council of States, other than a member\nchosen to fill a casual vacancy, shall be six years.]", "footnote": "", "is_definition": false, "sort_order": 7440 }, { "number": "154", "title": "Section 154(2)", "chapter": null, "content": "(2) 1*** Upon the first constitution of the Council of States the President shall, after consultation with\nthe Election Commission, make by order such provision as he thinks fit for curtailing the term of office of\nsome of the members then chosen in order that, as nearly as may be, one -third of the members holding\nseats of each class shall retire in every second year thereafter.", "footnote": "", "is_definition": false, "sort_order": 7450 }, { "number": "154", "title": "Section 154(2A)", "chapter": null, "content": "2[(2A) In order that, as nearly as may be, one -third of the members may retire on the second day of\nApril, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be\nafter the commencement of the Constitution (Seventh Amendment) Act, 1956 , after consultation with the\nElection Commission, make by order such provisions as he thinks fit in regard to the terms of office of\nthe members elected under sub-section (2) of section 147.]", "footnote": "", "is_definition": false, "sort_order": 7460 }, { "number": "154", "title": "Section 154(3)", "chapter": null, "content": "(3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his\npredecessor’s term of office.", "footnote": "", "is_definition": false, "sort_order": 7470 }, { "number": "155", "title": "Section 155(1)", "chapter": null, "content": "(1) The term of\noffice of a member of the Council of States whose name is required to be notified in the Official Gazette\nunder section 71 shall begin on the date of such notification.", "footnote": "", "is_definition": false, "sort_order": 7480 }, { "number": "155", "title": "Section 155(2)", "chapter": null, "content": "(2) The term of office of a member of the Council of Sta tes whose name is not required to be notified\nunder section 71 shall begin on the date of publication in the Official Gazette of the declaration\ncontaining the name of such person as elected under section 67 or of the notification issued under\nsub-clause (a) of clause (1) of article 80 or under any other provision announcing the nomination of such\nperson to the Council of States, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 7490 }, { "number": "156", "title": "Section 156(1)", "chapter": null, "content": "(1) The term of office of a\nmember of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall\nbe six years, but upon the first constitution of the Council the Governor 3*** shall, after consultation with\nthe Election Commission, make by order such provision as he thinks fit for curtailing the term of office of\nsome of the members then chosen in order that, as nearly as may be, one -third of the members holding\nseats of each class shall retire in every second year thereafter.", "footnote": "", "is_definition": false, "sort_order": 7500 }, { "number": "156", "title": "Section 156(2)", "chapter": null, "content": "(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his\npredecessor’s term of office.", "footnote": "", "is_definition": false, "sort_order": 7510 }, { "number": "157", "title": "Section 157(1)", "chapter": null, "content": "(1) The term\nof office of a member of the Legislative Council of a State whose name is required to be notified in the\nOfficial Gazette under 4[section 74] shall begin on the date of such notification.", "footnote": "", "is_definition": false, "sort_order": 7520 }, { "number": "157", "title": "Section 157(2)", "chapter": null, "content": "(2) The term of office of a member of the Legislative Council of a State whose name is not required\nto be notified under 2[section 74] shall begin on the date of publication in the Official Gazette of the\ndeclaration containing the name of such person as elected under section 67 or of the notification issued\nunder sub -clause ( e) of clause ( 3) of article 171, announcing the nomination of such person to the\nCouncil, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 7530 }, { "number": "158", "title": "Section 158(1)", "chapter": null, "content": "(1) The deposit made under section 34 or\nunder that section read with sub -section (2) of section 39 shall either be returned to the person making it\nor his legal representative or be forfeited to the appropriate authority in accordance with the provisions of\nthis section.", "footnote": "", "is_definition": false, "sort_order": 7540 }, { "number": "158", "title": "Section 158(2)", "chapter": null, "content": "(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as\npracticable after the result of the election is declared.", "footnote": "", "is_definition": false, "sort_order": 7550 }, { "number": "158", "title": "Section 158(3)", "chapter": null, "content": "(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the\ncommencement of the poll, the deposit shall be returned as soon as practicable after the publication of the\nlist or after his death, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 7560 }, { "number": "158", "title": "Section 158(4)", "chapter": null, "content": "(4) Subject to the provisions of sub -section (3), the deposit shall be forfeited if at an election where a\npoll has been taken, the candidate is not elected and the number of valid votes polled by him does not\nexceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election\nof more than one member at the election, one-sixth of the total number of valid votes so polled divided by\nthe number of members to be elected:", "footnote": "", "is_definition": false, "sort_order": 7570 }, { "number": "158", "title": "Proviso to Section 158(4)", "chapter": null, "content": "Provided that where at an election held in , accordance with the system of proportional representation\nby means of the single transferable vote, a candidate is not elected, the deposit made by him shall be\nforfeited if he does not get more than one -sixth of the number of votes prescribed in this behalf as\nsufficient to secure the return of a candidate.", "footnote": "", "is_definition": false, "sort_order": 7580 }, { "number": "158", "title": "Section 158(5)", "chapter": null, "content": "(5) Notwithstanding anything in sub-sections (2), (3) and (4),—", "footnote": "", "is_definition": false, "sort_order": 7590 }, { "number": "158", "title": "Section 158(5)(a)", "chapter": null, "content": "(a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary\nconstituency or in more than one assembly constituency, not more than one of the deposits shall be\nreturned, and the other shall be forfeited;", "footnote": "", "is_definition": false, "sort_order": 7600 }, { "number": "158", "title": "Section 158(5)(b)", "chapter": null, "content": "(b) if the candidate is a contesting candidate at an election in more than one council constituency\nor at an election in a Council constituency and at an election by the members of the State Legislative\nAssembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned,\nand the others shall be forfeited.]", "footnote": "", "is_definition": false, "sort_order": 7610 }, { "number": "159", "title": "Section 159(1)", "chapter": null, "content": "(1) The authorities\nspecified in sub -section ( 2) shall, when so requested by a Regional Commissioner appointed under\nclause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer\nsuch staff as may be necessary for the performance of any duties in connection with an election.", "footnote": "", "is_definition": false, "sort_order": 7620 }, { "number": "159", "title": "Section 159(2)", "chapter": null, "content": "(2) The following shall be the authorities for the purposes of sub-section (1), namely:—", "footnote": "", "is_definition": false, "sort_order": 7630 }, { "number": "159", "title": "Section 159(2)(i)", "chapter": null, "content": "(i) every local authority;", "footnote": "", "is_definition": false, "sort_order": 7640 }, { "number": "159", "title": "Section 159(2)(ii)", "chapter": null, "content": "(ii) every university established or incorporated by or under a Central, Provincial or State Act;", "footnote": "", "is_definition": false, "sort_order": 7650 }, { "number": "159", "title": "Section 159(2)(iii)", "chapter": null, "content": "(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);", "footnote": "1 of 1956", "is_definition": false, "sort_order": 7660 }, { "number": "159", "title": "Section 159(2)(iv)", "chapter": null, "content": "(iv) any other institution, concern or undertaking which is established by or under a Central,\nProvincial or State Act or which is controlled, or financed wholly or substantially by funds provided,\ndirectly or indirectly, by the Central Government or a State Government.]", "footnote": "", "is_definition": false, "sort_order": 7670 }, { "number": "160", "title": "Section 160(1)", "chapter": null, "content": "(1) If it appears to the State\nGovernment that in connection with an election held within the State—", "footnote": "", "is_definition": false, "sort_order": 7680 }, { "number": "160", "title": "Section 160(1)(a)", "chapter": null, "content": "2[(a) any premises are needed or are likely to be needed for the purpose of being used as polling\nstations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper\naudit trail) and poll related material after a poll has been taken, accommodation for security forces\nand polling personnel; or]", "footnote": "", "is_definition": false, "sort_order": 7690 }, { "number": "160", "title": "Section 160(1)(b)", "chapter": null, "content": "(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport\nof ballot boxes to or from any polling station, or transport of members of the police force for\nmaintaining order during the conduct of such election, or transport of any officer or other person for\nperformance of any duties in connection with such election,\nthe Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as\nthe case may be, and may make such further orders as may appear to it to be necessary or expedient in\nconnection with the requisitioning:", "footnote": "", "is_definition": false, "sort_order": 7700 }, { "number": "160", "title": "Proviso to Section 160(1)(b)", "chapter": null, "content": "3[Provided that such premises shall be requisitioned after the issuance of the notification by the\nElection Commission under section 30 for such election till the date notified under clause (e) thereof:", "footnote": "", "is_definition": false, "sort_order": 7710 }, { "number": "160", "title": "Proviso to Section 160(1)(b)", "chapter": null, "content": "Provided further that] no vehicle, vessel or animal which is being lawfully used by a candidate or his\nagent for any purpose connected with the election of such candidate shall be requisitioned under this\nsub-section until the completion of the poll at such election.", "footnote": "", "is_definition": false, "sort_order": 7720 }, { "number": "160", "title": "Section 160(2)", "chapter": null, "content": "(2) The requisition shall be effected by an order in writing addressed to the person deemed by the\nState Government to be the owner or person in possession of the property, and such order shall be served\nin the prescribed manner on the person to whom it is addressed.", "footnote": "", "is_definition": false, "sort_order": 7730 }, { "number": "160", "title": "Section 160(3)", "chapter": null, "content": "(3) Whenever any property is requisitioned under sub -section (1), the period of such requisition shall\nnot extend beyond the period for which such property is required for any of the purposes mentioned in\nthat sub-section.", "footnote": "", "is_definition": false, "sort_order": 7740 }, { "number": "160", "title": "Section 160(4)", "chapter": null, "content": "(4) In this, section—", "footnote": "", "is_definition": false, "sort_order": 7750 }, { "number": "160", "title": "Section 160(4)(a)", "chapter": null, "content": "(a) “premises” means any land, building or part of a building and includes a hut, shed or other\nstructure or any part thereof;", "footnote": "", "is_definition": false, "sort_order": 7760 }, { "number": "160", "title": "Section 160(4)(b)", "chapter": null, "content": "(b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport,\nwhether propelled by mechanical power or otherwise.", "footnote": "", "is_definition": false, "sort_order": 7770 }, { "number": "161", "title": "Section 161(1)", "chapter": null, "content": "(1) Whenever in pursuance of section 160 the State Government\nrequisitions any premises, there shall be paid to the persons interested compensation the amount of which\nshall be determined by taking into consideration the following, namely:—", "footnote": "", "is_definition": false, "sort_order": 7780 }, { "number": "161", "title": "Section 161(1)(i)", "chapter": null, "content": "(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for\nsimilar premises in the locality;", "footnote": "", "is_definition": false, "sort_order": 7790 }, { "number": "161", "title": "Section 161(1)(ii)", "chapter": null, "content": "(ii) if in consequence of the requisition of the premises the person interested is compelled to\nchange his residence or place of business, the reasonable expenses (if any) incidental to such change:", "footnote": "", "is_definition": false, "sort_order": 7800 }, { "number": "161", "title": "Proviso to Section 161(1)(ii)", "chapter": null, "content": "Provided that where any person interested being aggrieved by the amount of compensation so\ndetermined makes an application within the prescribed time to the State Government for referring the\nmatter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in\nthis behalf by the State Government may determine:", "footnote": "", "is_definition": false, "sort_order": 7810 }, { "number": "161", "title": "Proviso to Section 161(1)(ii)", "chapter": null, "content": "Provided further that where there is any dispute as to the title to receive the compensation or as to the\napportionment of the amount of compensation, it shall be referred by the State Government to an\narbitrator appointed in this behalf by the Government for determination, and shall be determined in\naccordance with the decision of such arbitrator.", "footnote": "", "is_definition": false, "sort_order": 7820 }, { "number": "161", "title": "Explanation to Section 161(1)(ii)", "chapter": null, "content": "Explanation.—In this sub -section, the expression “person interested” means the person who was in\nactual possession of the premises requisitioned under section 160 immediately before the requisition, or\nwhere no person was in such actual possession, the owner of such premises.", "footnote": "", "is_definition": false, "sort_order": 7830 }, { "number": "161", "title": "Section 161(2)", "chapter": null, "content": "(2) Whenever in pursuance of section 160 the State Government requisitions any vehicle, vessel or\nanimal, there shall be paid to the owner thereof compensation the amount of which shall be determined by\nthe State Government on the basis of fares or rates prevailing in the locality for the hire of such vehicle,\nvessel or animal:", "footnote": "", "is_definition": false, "sort_order": 7840 }, { "number": "161", "title": "Proviso to Section 161(2)", "chapter": null, "content": "Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of\ncompensation so determined makes an application within the prescribed time to the State Government for\nreferring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator\nappointed in this behalf by the State Government may determine:", "footnote": "", "is_definition": false, "sort_order": 7850 }, { "number": "161", "title": "Proviso to Section 161(2)", "chapter": null, "content": "Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue\nof a hire-purchase agreement in the possession of a person other than the owner, the amount determined\nunder this sub-section as the total compensation payable in respect of the requisition shall be apportioned\nbetween that person and the owner in such manner as they may agree upon, and in default of agreement,\nin such manner as an arbitrator appointed by the State Government in this behalf may decide.", "footnote": "", "is_definition": false, "sort_order": 7860 }, { "number": "162", "title": "Section 162. Power to obtain information", "chapter": null, "content": "The State Government may with a view to requisitioning any\nproperty under section 160 or determining the compensation payable under section 161, by order, require\nany person to furnish to such authority as may be specified in the order such information in his possession\nrelating to such property as may be so specified.", "footnote": "", "is_definition": false, "sort_order": 7870 }, { "number": "163", "title": "Section 163(1)", "chapter": null, "content": "(1) Any person authori sed in this\nbehalf by the State Government may enter into any premises and inspect such premises and any vehicle,\nvessel or animal therein for the purpose of determining whether, and if so in what manner, an order under\nsection 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to\nsecuring compliance with any order made under that section.", "footnote": "", "is_definition": false, "sort_order": 7880 }, { "number": "163", "title": "Section 163(2)", "chapter": null, "content": "(2) In this section the expressions “premises” and “vehicle” have the same meanings as in\nsection 160.", "footnote": "", "is_definition": false, "sort_order": 7890 }, { "number": "164", "title": "Section 164(1)", "chapter": null, "content": "(1) Any person remaining in possession of any\nrequisitioned premises in contravention of any order made under section 160 may be summarily evicted\nfrom the premises by any officer empowered by the State Government in this behalf.", "footnote": "", "is_definition": false, "sort_order": 7900 }, { "number": "164", "title": "Section 164(2)", "chapter": null, "content": "(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable\nwarning and facility to withdraw, remove or open any lock or bolt or break open any door of any building\nor do any other act necessary for effecting such eviction.", "footnote": "", "is_definition": false, "sort_order": 7910 }, { "number": "165", "title": "Section 165(1)", "chapter": null, "content": "(1) When any premises requisitioned under\nsection 160 are to be released from requisition, the possession thereof shall be delivered to the person\nfrom whom possession was taken at the time when the premises were requisitioned, or if there were no\nsuch person, to the person deemed by the Sta te Government to be the owner of such premises, and such\ndelivery of possession shall be a full discharge of the State Government from all liabilities in respect of\nsuch delivery, but shall not prejudice any rights in respect of the premises which any other person may be\nentitled by due process of law to enforce against the person to whom possession of the premises is so\ndelivered.", "footnote": "", "is_definition": false, "sort_order": 7920 }, { "number": "165", "title": "Section 165(2)", "chapter": null, "content": "(2) Where the person to whom possession of any premises requisitioned under section 160 is to be\ngiven under sub-section (1) cannot be found or is not readily as certainable or has no agent or any other\nperson empowered to accept delivery on his behalf, the Sta te Government shall cause a notice declaring\nthat such premises are released from requisition to be affixed on some conspicuous part of such premises\nand publish the notice in the Official Gazette.", "footnote": "", "is_definition": false, "sort_order": 7930 }, { "number": "165", "title": "Section 165(3)", "chapter": null, "content": "(3) When a notice referred to in s ub-section ( 2) is published in the Official Gazette, the premises\nspecified in such notice shall cease to be subject to requisition on and from the date of such publication\nand be deemed to have been delivered to the person entitled to possession thereof; and the State\nGovernment shall not be liable for any compensation or other claim in respect of such premises for any\nperiod after the said date.", "footnote": "", "is_definition": false, "sort_order": 7940 }, { "number": "166", "title": "Section 166. Delegation of functions of the S tate Government with regard to requisitioning", "chapter": null, "content": "The State\nGovernment may, by notification in the Official Gazette, direct that any powers conferred or any duty\nimposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions,\nif any, as may be specified in the direction, be exercised or discharged by such officer or class of officers\nas may be so specified.", "footnote": "", "is_definition": false, "sort_order": 7950 }, { "number": "167", "title": "Section 167. Penalty for contravention of any order regarding requisitioning", "chapter": null, "content": "If any person contravenes\nany order made under section 160 or section 162, he shall be punishable with imprisonment for a term\nwhich may extend to one year or with fine or with both.\n168. [Special provisions with respect to Rulers of former Indian States .] Omitted by Rulers of Indian\nStates (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972).", "footnote": "54 of 1972", "is_definition": false, "sort_order": 7960 }, { "number": "798", "title": "PART XI - GENERAL", "chapter": "PART XI", "content": "", "footnote": "", "is_definition": false, "sort_order": 7970 }, { "number": "169", "title": "Section 169(1)", "chapter": null, "content": "(1) The Central Government may, after consulting the Election\nCommission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 7980 }, { "number": "169", "title": "Section 169(2)", "chapter": null, "content": "(2) In particular, and without prejudice to the generality of the foregoing power, such rules may\nprovide for all or any of the following matters, namely:—", "footnote": "", "is_definition": false, "sort_order": 7990 }, { "number": "169", "title": "Section 169(2)(a)", "chapter": null, "content": "2[(a) the form of affidavit under sub-section (2) of section 33A;]\n3[(aa)] the duties of presiding officers and polling officers at polling stations;", "footnote": "", "is_definition": false, "sort_order": 8000 }, { "number": "169", "title": "Section 169(2)(aaa)", "chapter": null, "content": "4[(aaa) the form of contribution report;]", "footnote": "", "is_definition": false, "sort_order": 8010 }, { "number": "169", "title": "Section 169(2)(b)", "chapter": null, "content": "(b) the checking of voters by reference to the electoral roll;", "footnote": "", "is_definition": false, "sort_order": 8020 }, { "number": "169", "title": "Section 169(2)(bb)", "chapter": null, "content": "4[(bb) the manner of allocation of equitable sharing of time on the cable television network and\nother electronic media;]", "footnote": "", "is_definition": false, "sort_order": 8030 }, { "number": "169", "title": "Section 169(2)(c)", "chapter": null, "content": "(c) the manner in which votes are to be given both generally and in the case of illiterate voters or\nvoters under physical or other disability;", "footnote": "", "is_definition": false, "sort_order": 8040 }, { "number": "169", "title": "Section 169(2)(d)", "chapter": null, "content": "(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent\nor any other person, who being an elector for a constituency is authorised or appointed for du ty at a\npolling station at which he is not entitled to vote;", "footnote": "", "is_definition": false, "sort_order": 8050 }, { "number": "169", "title": "Section 169(2)(e)", "chapter": null, "content": "(e) the procedure to be followed in respect of the tender of vote by a person representing himself\nto be an elector after another person has voted as such elector;", "footnote": "", "is_definition": false, "sort_order": 8060 }, { "number": "169", "title": "Section 169(2)(ee)", "chapter": null, "content": "5[(ee) the manner of giving and recording of vo tes by means of voting machines and the\nprocedure as to voting to be followed at polling stations where such machines are used;]", "footnote": "", "is_definition": false, "sort_order": 8070 }, { "number": "169", "title": "Section 169(2)(f)", "chapter": null, "content": "(f) the procedure as to voting to be followed at elections held in accordance with the system of\nproportional representation by means of the single transferable vote;", "footnote": "", "is_definition": false, "sort_order": 8080 }, { "number": "169", "title": "Section 169(2)(g)", "chapter": null, "content": "(g) the scrutiny and counting of votes including cases in which a recount of the votes may be\nmade before the declaration of the result of the election;", "footnote": "", "is_definition": false, "sort_order": 8090 }, { "number": "169", "title": "Section 169(2)(gg)", "chapter": null, "content": "1[(gg) the procedure as to counting of votes recorded by means of voting machines;]", "footnote": "", "is_definition": false, "sort_order": 8100 }, { "number": "169", "title": "Section 169(2)(h)", "chapter": null, "content": "(h) the safe custody of 6[ballot boxes, voting machines], ballot papers and other election papers,\nthe period for which such papers shall be preserved and the inspection and production of such papers;", "footnote": "", "is_definition": false, "sort_order": 8110 }, { "number": "169", "title": "Section 169(2)(hh)", "chapter": null, "content": "7[(hh) the material to be supplied by the Government to the candidates of recognised political\nparties at any election to be held for the purposes of constituting the House of the People or the\nLegislative Assembly of a State;]", "footnote": "", "is_definition": false, "sort_order": 8120 }, { "number": "169", "title": "Section 169(2)(i)", "chapter": null, "content": "(i) any other matter required to be prescribed by this Act.", "footnote": "", "is_definition": false, "sort_order": 8130 }, { "number": "169", "title": "Section 169(3)", "chapter": null, "content": "8[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each\nHouse of Parliament while it is in session for a total period of thirty days which may be comprised in one\nsession or 9[in two or more successive sessions, and if, before the expiry of the session immediately\nfollowing the session or the successive sessions aforesaid, both Houses agree in making any modification\nin the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect\nonly in such modified form or be of no effect, as the case may be; so, however, that any such modification\nor annulment shall be without prejudice to validity of anything previously done under the rule.]", "footnote": "", "is_definition": false, "sort_order": 8140 }, { "number": "170", "title": "Section 170. Jurisdiction of civil courts barred", "chapter": null, "content": "No civil court shall have jurisdiction to question the\nlegality of any action taken or of any decision given by the returning officer or by any other person\nappointed under this Act in connection with an election.", "footnote": "", "is_definition": false, "sort_order": 8150 }, { "number": "171", "title": "Section 171. [Repeal of Act 39 of 1920.]", "chapter": null, "content": "Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and\r\nthe Sch. II (w.e.f. 17-9-1957).", "footnote": "36 of 1957", "is_definition": false, "sort_order": 8160 } ], "metadata": { "Act ID": "195143", "Act Number": "43", "Enactment Date": "1951-07-17", "Act Year": "1951", "Short Title": "Representation of the People Act, 1951", "Department": "Ministry of Law and Justice", "Type": "CENTRAL", "Location": "India" }, "updated_at": "2026-09-29 21:51:57" }