THE REPRESENTATION OF THE PEOPLE ACT, 1951 
_______ 

ARRANGEMENT OF SECTIONS 
_______ 

SECTIONS 

1. Short title. 

2. Interpretation. 

PART I 
PRELIMINARY 

PART II 

QUALIFICATIONS AND DISQUALIFICATIONS 

CHAPTER I.—Qualifications for Membership of Parliament 

3. Qualification for membership of the Council of States. 

4. Qualifications for membership of the House of the People. 

CHAPTER II.—Qualifications for Membership of State Legislatures 

5. Qualifications for membership of a Legislative Assembly. 

5A. Qualifications for membership of Legislative Assembly of Sikkim. 

6. Qualifications for membership of a Legislative Council. 

CHAPTER  III.—Disqualifications for Membership of  Parliament  and  State Legislatures 

7. Definitions. 

8. Disqualification on conviction for certain offences. 

8A. Disqualification on ground of corrupt practices. 

9. Disqualification for dismissal for corruption or disloyalty. 

9A. Disqualification for Government contracts, etc. 

10. Disqualification for office under Government company. 

10A. Disqualification for failure to lodge account of election expenses. 

11. Removal or reduction of period of disqualification. 

CHAPTER IV.—Disqualifications for voting 

11A. Disqualification arising out of conviction and corrupt practices. 

11B. Removal of disqualifications. 

PART III 

NOTIFICATION OF GENERAL ELECTIONS 

12. Notification for biennial election to the Council of States. 

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12A.  Notification  for  election  to  fill  the  seat  allotted  to  the  State  of  Sikkim  in  the  Council  of          

States. 

13. [Omitted.] 

14. Notification for general election to the House of the People. 

14A. Notification for electing the representative of the State of Sikkim to the existing House of 

the people. 

15. Notification for general election to a State Legislative Assembly. 

15A. Notification for certain elections to Legislative Councils. 

16. Notification for biennial elections to a State Legislative Council. 

ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS 

PART IV 

19. Definition. 

19A. Delegation of functions of Election Commission. 

20. General duties of chief electoral officers. 

20A. General duties of district election officer. 

20B. Observers. 

21. Returning officers. 

22. Assistant returning officers. 

23.  Returning  officer  to  include  assistant  returning  officers  performing  the  functions  of  the 

returning officer. 

24. General duty of the returning officer. 

25. Provision of polling stations for constituencies. 

26. Appointment of presiding officers for polling stations. 

27. General duty of the presiding officer. 

28. Duties of a polling officer. 

28A.  Returning  officer,  presiding  officer,  etc.,  deemed  to  be  on  deputation  to  Election 

Commission. 

29. Special provisions in the case of certain elections. 

PART IVA 

REGISTRATION OF POLITICAL PARTIES 

29A. Registration with the Commission of associations and bodies as political parties. 

29B. Political parties entitled to accept contribution. 

29C. Declaration of donation received by the political parties. 

PART V 
CONDUCT OF ELECTIONS 
CHAPTER I.—Nomination of Candidates 

30.   Appointment of dates for nominations, etc. 

31.   Public notice of election. 

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32. Nomination of candidates for election. 

33. Presentation  of  nomination paper and requirement for  a  valid nomination. 

33A. Right to information. 

33B. Candidate to furnish information only under the Act and the rules. 

33C. Right to information. 

33D. Candidate to furnish information only under Act and the rules. 

34. Deposits. 

35. Notice of nominations and the time and place for their scrutiny. 

36. Scrutiny of nominations. 

37. Withdrawal of candidature. 

38. Publication of list of contesting candidates. 

39. Nomination of candidates at other elections. 

39A. Allocation of equitable sharing of time. 

CHAPTER II.—Candidates and their Agent 

40. Election agents. 

41. Disqualification for being an election agent. 

42. Revocation of the appointment, or death, of an election agent. 

43. [Omitted.] 

44. [Omitted.] 

45. Functions of election agents. 

46. Appointment of polling agents. 

47. Appointment of counting agents. 

48. Revocation of the appointment, or death of a polling agent or counting agent. 

49. Functions of polling agents and counting agents. 

50. Attendance of a contesting candidate or his election agent at polling stations, and performance 

by him of the functions of a polling agent or counting agent. 

51. Non-attendance of polling or counting agents. 

CHAPTER III.—General Procedure at Elections 

52.  Death of candidate of recognised Political Party before Poll. 

53.  Procedure in contested and uncontested elections. 

54.  [Omitted.] 

55.  Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved 

for  those castes or tribes. 

55A. [Omitted.] 

CHAPTER IV.—The Poll 

56. Fixing time for poll. 

57. Adjournment of poll in emergencies. 

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58. Fresh poll in the case of destruction, etc., of ballot boxes. 

58A. Adjournment of poll or countermanding of election on the ground of booth capturing. 

59. Manner of voting at elections. 

60. Special procedure for voting by certain classes of persons. 

61. Special procedure for preventing personation of electors. 

61A. Voting machines at elections. 

62. Right to vote. 

63. [Omitted.] 

64. Counting of votes. 

CHAPTER V.—Counting of Votes 

64A. Destruction, loss, etc., of ballot papers at the time of counting. 

65. Equality of votes. 

66. Declaration of results. 

67. Report of the result. 

67A. Date of election of candidate. 

68. Vacation of seats when elected to both Houses of Parliament. 

CHAPTER VI.—Multiple Elections 

69. Vacation of seats by persons already members of one House on election to other House of 

Parliament. 

70. Election to more than one seat in either House of Parliament or in the House or either House 

of the Legislature of a State. 

CHAPTER VII.—Publication of Election Results and Nominations 

71. Publication of results of elections to the Council of States and of names of persons nominated 

by the President. 

72. [Omitted.] 

73. Publication of results of general elections to the House of the People and the State Legislative 

Assemblies. 

73A. Special provisions as to certain elections. 

74. Publication of results of elections to the State  Legislative Councils and of names of persons 

nominated to such Councils. 

CHAPTER VIIA.—Declaration of Assets and Liabilities 

75A. Declaration of assets and liabilities. 

CHAPTER VIII.—Election Expenses 

76. Application of Chapter. 

77. Account of election expenses and maximum thereof. 

78. Lodging of account with the district election officer. 

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PART VA 
FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF 
RECOGNISED POLITICAL PARTIES 

SECTIONS 

78A. Free supply of copies of electoral rolls. 

78B. Supply of certain items to candidates, etc. 

PART VI 
DISPUTES REGARDING ELECTIONS 
CHAPTER I.—Interpretation 

79. Definitions. 

CHAPTER II.—Presentation of Election Petitions to Election Commission 

80. Election petitions. 

80A. High Court to try election petitions. 

81. Presentation of petitions. 

82. Parties to the petition. 

83. Contents of petition. 

84. Relief that may be claimed by the petitioner. 

85. [Omitted.] 

CHAPTER III.—Trial of Election Petitions 

86. Trial of election petitions. 

87. Procedure before the High Court. 

93. Documentary evidence. 

94. Secrecy of voting not to be infringed. 

95. Answering of criminating questions and certificate of indemnity. 

96. Expenses of witnesses. 

97. Recrimination when seat claimed. 

98. Decision of the High Court. 

99. Other orders to be made by the High Court. 

100. Grounds for declaring election to be void. 

101.  Grounds  for  which  a candidate  other than the  returned candidate  may  be  declared  to  have 

been elected. 

102. Procedure in case of an equality of votes. 

103. Communication of orders of the High Court. 

104. [Omitted.] 

105. [Omitted.] 

106. Transmission of order to the appropriate authority, etc., and its publication. 

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107. Effect of orders of the High Court. 

CHAPTER IV.—Withdrawal and Abatement of Election Petitions 

108. [Omitted.] 

109. Withdrawal of election petitions. 

110. Procedure for withdrawal of election petitions. 

111. Report  of  withdrawal  by  the  High  Court  to  the  Election Commission. 

112. Abatement of election petitions. 

116. Abatement or substitution on death of respondent. 

CHAPTER IVA.—Appeals 

116A. Appeals to Supreme Court. 

116B. Stay of operation of order of High Court. 

116C. Procedure in appeal. 

CHAPTER V.—Costs and Security for Costs 

117. Security for costs. 

118. Security for costs from a respondent. 

119. Costs. 

121. Payment of costs out of security deposits and return of such deposits. 

122. Execution of orders as to costs. 

PART VII 
CORRUPT PRACTICES AND ELECTORAL OFFENCES 
CHAPTER I.—Corrupt Practices 

123. Corrupt practices. 

CHAPTER III.—Electoral Offences 

125. Promoting enmity between classes in connection with election. 

125A . Penalty for filing false affidavit, etc. 

126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for 

conclusion of poll. 

126A. Restriction on publication and dissemination of result of exit polls, etc. 

 126B. Offences by companies. 

127. Disturbances at election meetings. 

127A. Restrictions on the printing of pamphlets, posters, etc. 

128. Maintenance of Secrecy of voting. 

129. Officers, etc., at elections not to act for candidates or to influence voting. 

130. Prohibition of canvassing in or near polling stations. 

131. Penalty for disorderly conduct in or near polling stations. 

132. Penalty for misconduct at the polling station.  

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132A. Penalty for failure to observe procedure for voting. 

133. Penalty for illegal hiring or procuring of conveyance at elections. 

134. Breaches of official duty in connection with elections. 

134A.  Penalty  for  Government  servants  for  acting  as  election  agent,  polling  agent  or  counting 

agent. 

134B. Prohibition of going armed to or near a polling station. 

135. Removal of ballot papers from polling station to be an offence. 

135A. Offence of booth capturing. 

135B. Grant of paid holiday to employees on the day of poll. 

135C. Liquor not to be sold, given or distributed on polling day. 

136. Other offences and penalties therefor. 

137. [Omitted.] 

138. [Repealed.] 

PART VIII 
DISQUALIFICATIONS 

 [CHAPTER I.—139—140A.] [Omitted.] 

[CHAPTER II.—141—144.] [Omitted.] 

[CHAPTER III.—145.] [Omitted.] 

CHAPTER  IV.—Powers  of  Election   Commission   in connection   with inquiries 
as to disqualifications of Members 

146. Powers of Election Commission. 

146A. Statements made by persons to the Election Commission. 

146B. Procedure to be followed by the Election Commission. 

146C. Protection of action taken in good faith. 

PART IX 
BYE-ELECTIONS 

147. Casual vacancies in the Council of States. 

148. [Omitted.] 

149. Casual vacancies in the House of the People. 

150. Casual vacancies in the State Legislative Assemblies. 

151. Casual vacancies in the State Legislative Councils. 

151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. 

PART X 
MISCELLANEOUS 

152.   List  of  Members  of  the  State  Legislative  Assemblies  and electoral  colleges  to  be  

maintained   by  the  returning  officers concerned. 

153. Extension of time for completion of election. 

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154. Term of office of members of the Council of States. 

155. Commencement of the term of office of members of the Council of States. 

156. Term of office of members of State Legislative Councils. 

157. Commencement of the term of office of members of the Legislative Councils. 

158. Return of forfeiture of candidate’s deposit. 

159. Staff of certain authorities to be made available for election work. 

160. Requisitioning of premises, vehicles, etc., for election purposes. 

161. Payment of compensation. 

162. Power to obtain information. 

163. Powers of entry into and inspection of premises, etc. 

164. Eviction from requisitioned premises. 

165. Release of premises from requisition. 

166. Delegation of functions of the State Government with regard to requisitioning. 

167. Penalty for contravention of any order regarding requisitioning. 

168. [Omitted.] 

PART XI 
GENERAL 

169. Power to make rules. 

170. Jurisdiction of civil courts barred. 

171. [Repealed.] 

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THE REPRESENTATION OF THE PEOPLE ACT, 1951 
ACT NO. 43 OF 1951 

[17th July, 1951.] 
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of 
the Legislature of each State, the qualifications and disqualifications for membership of those Houses, 
the corrupt 1*** practices and other offences at or in connection with such elections and the decision 
of doubts and disputes arising out of or in connection with such elections. 
BE it enacted by Parliament as follows:— 

PART I 

PRELIMINARY 

1. Short title.—This Act may be called the Representation of the People Act, 1951. 

2. Interpretation.—(1) In this Act, unless the context otherwise requires,— 

(a)  each  of  the  expressions  defined  in  section  2  or  sub-section  (1)  of  section  27  of  the 
Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same 
meaning as in that Act; 

(b)  “appropriate  authority”  means,  in  relation  to  an  election  to  the  House  of  the  People  or  the 
Council  of  Slates  2***,  the  Central  Government,  and  in  relation  to  an  election  to  the  Legislative 
Assembly or the Legislative Council of a State, the State Government; 

3[(bb)  “chief  electoral  officer”  means  the  officer  appointed  under  section  13A  of  the 

Representation of the People Act, 1950 (43 of 1950);] 

(c) “corrupt practice” means any of the practices specified in section 123 4***; 
5[(cc) “district election officer” means the officer designated or nominated under section 13AA of 

the Representation of the People Act, 1950 (43 of 1950);] 

(d)  “election”  means  an  election  to  fill  a  seat  or  seats  in  either  House  of  Parliament  or  in  the 

House or either House of the Legislature of a State 6*** 7***; 

8[(e) “elector” in relation to a constituency means a person whose name is entered in the electoral 
roll  of  that  constituency  for  the  time  being  in  force  and  who  is  not  subject  to  any  of  the 
disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);] 
9[(f)  “political  party”  means  an  association  or  a  body  of  individual  citizens  of  India  registered 

with the Election Commission as a political party under section 29A;] 

(g) “prescribed” means prescribed by rules made under this Act; 
5[(h) “public holiday” means any day which is a public holiday for the purposes of section 25 of 

the Negotiable Instruments Act, 1881 (26 of 1881);] 

10[(i)] “sign”, in relation to a person who is unable to write his name, means authenticate in such 

manner as may be prescribed. 

11*                                 *                                *                                 *                                * 
      12*                                 *                                *                                 *                                * 

1. The words “and illegal” omitted by Act 27 of 1956, s. 2 (w.e.f. 28-8-1956). 
2. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 
3. Ins. by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 
4. The words and figures “or section 124” omitted by s. 3, ibid. (w.e.f. 28-8-1956). 
5. Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 
6. The words “other than the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule                     

(w.e.f. 31-10-2019). 

7. Certain words omitted by Act 58 of 1958, s. 14 (w.e.f. 30-12-1958). 
8. Subs. by Act 27 of 1956, s. 3, for clause (e) (w.e.f. 28-8-1956). 
9. Ins. by Act 1 of 1989, s. 3 (w.e.f. 15-6-1989). 
10. Clause (k) re-lettered as clause (i) of that section by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 
11. Clause (j) omitted by the Adaptation of Laws (No. 2) order, 1956. 
12. Clause (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966). 

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(2)  For  the  purposes  of  this  Act,  1***  a  Parliamentary  constituency,  an  Assembly  constituency,  a 
Council  constituency,  a  local  authorities’  constituency,  a  graduates’  constituency  and  a  teachers’ 
constituency shall each be treated as a constituency of a different class. 

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or 
made  by  any  authority  shall  be  published  in  the  Official  Gazette,  shall,  unless  otherwise  expressly 
provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or 
list shall— 

(a) where it is issued or made by the Central Government, be published in the Gazette of India; 

(b) where it is issued or made by a State Government, be published in the Official Gazette of the 

State; and 

(c) where it is issued or made by any other authority, be published in the Gazette of India if it 
relates  to  an  election  to,  or  membership  of,  either  House  of  Parliament  2***  and  in  the  Official 
Gazette of the State if it relates to an election to, or membership of, the House or either House of the 
Legislature of a State. 

(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions 

may be made for different cases or classes of cases. 

3*                                    *                                     *                                   *                                * 

4* 

         *   

* 

* 

          * 

3*                                    *                                     *                                   *                                * 

PART II 

5[QUALIFICATIONS AND DISQUALIFICATIONS] 

CHAPTER I.—Qualifications for Membership of Parliament. 

6[3. Qualification for membership of the Council of States.—A person shall not be qualified to be 
chosen  as  a  representative of  any  State  7*** or  Union  territory  in  the  Council  of  States  unless  he is  an 
elector for a Parliamentary constituency 8[in India]]. 

4. Qualifications for membership of the House of the People.—A person shall not be qualified to 

be chosen to fill a seat in the House of the People 9*** 10***, unless— 

(a) in the case of a seal reserved for the Scheduled Castes in any State, he is a member of any of 
the  Scheduled  Castes,  whether  of  that  State  or  of  any  other  State,  and  is  an  elector  for  any 
Parliamentary constituency; 

(b)  in  the  case  of  a  seat  reserved  for  the  Scheduled  Tribes  in  any  State  (other  than  those  in 
the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of the 
Slate  or  of  any  other  State  (excluding  the  tribal  areas  of  Assam),  and  is  an  elector  for  any 
Parliamentary constituency; 

(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, 
he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency 

1. The words “an electoral college constituency” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 
2. The words “or the electoral callege of union territory” omitted by s. 66, ibid. (w.e.f. 1-1-1957). 
3. Omitted by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956). 
4.  Sub-section (5) omitted by Act 34 of 2019, s. 95 and the fifth Schedule (w.e.f. 31-10-2019). 
5.  Subs.  by  Act  47  of  1966,  s.  16,  for  the  heading  “QUALIFICATIONS  AND  DISQUALIFICATIONS  FOR  MEMBERSHIP”                         

(w.e.f. 14-12- 1966). 

6. Subs. by the Adaptation of Laws (No. 2) order, 1956. 
7. Certain words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966). 
8. Subs. by Act 40 of 2003, s. 2, for “in that State or territory” (w.e.f. 28-8-2003). 
9. Certain words omitted by Act 49 of 1965, s. 5 (w.e.f. 22-12-1965). 
10. Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975). 

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in  which  such  seat  is  reserved  or  for  any  other  Parliamentary  constituency  comprising  any  such 
autonomous district; 1*** 

2[(cc)  in  the  case  of  the  seat  reserved  for  the  Scheduled  Tribes  in  the  Union  territory 
of 3[Lakshadweep],  he  is  a  member  of  any  of  those  Scheduled  Tribes  and  is  an  elector  for  the 
Parliamentary constituency of that Union territory; 4***] 

5[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary 

constituency for Sikkim;] 

(d) in the case of any other seat, he is an elector for any Parliamentary constituency. 

CHAPTER II.—Qualifications for Membership of State Legislatures 

5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to 

be chosen to fill a seat in the Legislative Assembly of a State unless— 

(a)  in  the  case  of  a  seat  reserved  for  the  Scheduled  Castes  or  for  the  Scheduled  Tribes  of  that 
State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for 
any Assembly constituency in that State; 

(b) in the case of a seat reserved for an autonomous district of Assam, 6*** he is a member of a 
7[Scheduled  Tribe  of  any  autonomous  district]  and  is  an  elector  for  the  Assembly  constituency  in 
which such seat or any other seat is reserved for that district; and 

(c) in the case of any other seat, he is an elector for any Assembly constituency in that State: 

8[Provided that for the period referred to in clause (2) of article 371 A, a person shall not be qualified 
to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland 
unless he is a member of the regional council referred to in that article.] 

9[5A. Qualifications for membership of Legislative Assembly of Sikkim.—10[(1)] Notwithstanding 
anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative 
Assembly  of  Sikkim  (deemed  to  be  the  Legislative  Assembly  of  that  State  duly  constituted  under  the 
Constitution) unless— 

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of 
Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the 
constituency reserved for the Sanghas; 

(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin 

and is an elector for any Assembly constituency in the State; 

(c)  in  the  case  of  a  seat  reserved  for  Scheduled  Castes,  he  is  a  member  of  any  of  the  castes 
specified  in  the  Representation  of  Sikkim  Subjects  Act,  1974  and  is  an  elector  for  any  Assembly 
constituency in the State; and 

(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.] 

1. The word “and” omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-1966). 
2. Ins. by s. 18, ibid. (w.e.f. 14-12-1966). 
3. Subs. by the Adaptation of Laws order, 1974 (w.e.f. 1-11-1973). 
4. The word “and” omitted by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 
5. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 9-9-1975). 
6.  Certain  words  omitted  by  the  North-Eastern  Areas  (Reorganisation)  (Adaptation  of  Laws  on  Union  Subjects)  Order,  1974 

(w.e.f. 21-1-1972). 

7. Subs. by Act 47 of 1966, s. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966). 
8. Ins. by Act 27 of 1962, s. 11 (w.e.f. 4-9-1962). 
9. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 
10. Section 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 

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1[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to 
fill  a  seat  in  the  Legislative  Assembly  of  the  State  of  Sikkim,  to  be  constituted  at  any  time  after  the 
commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless— 

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of 
Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the 
constituency reserved for the Sanghas; 

(b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in 

the Stale of Sikkim and is an elector for any Assembly constituency in the State; 

(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and 

(d) in the case of any other seat, he is an elector for any Assembly constituency in the State. 

Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, 

Tibetan, Tromopa and Yolmo.] 

6. Qualifications for membership of a Legislative Council.—(1) A person shall not be qualifled to 
be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector 
for any Assembly constituency in that State. 

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be 

filled by nomination by the Governor 2*** unless he is ordinarily resident in the State. 

3[CHAPTER III.—DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES 

7. Definitions.—In this Chapter,— 

(a) “appropriate Government” means in relation to any disqualification for being chosen as or for 
being  a  member  of  either  House  of  Parliament,  the  Central  Government,  and  in  relation  to  any 
disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative 
Council of a State, the State Government; 

(b)  “disqualified”  means  disqualified  for  being  chosen  as,  and  for  being,  a  member  of  either 
House  of  Parliament  or  of  the  Legislative  Assembly  or  Legislative  Council  of  a  State 4[under  the 
provisions of this Chapter, and on no other ground]. 

8.  Disqualification  on  conviction  for  certain  offences.—5[(1)  A  person  convicted  of  an  offence 

punishable under— 

(a) section 153A (offence of promoting enmity between different groups on ground of religion, 
race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) 
or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an 
election)  or  sub-section  (1)  or  sub-section  (2)  of  section  376  or  section  376A  or  section  376B  or 
section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards 
a  woman  by  husband  or relative  of  a  husband)  or sub-section  (2)  or sub-section  (3)  of  section  505 
(offence  of  making  statement  creating  or  promoting  enmity,  hatred  or  ill-will  between  classes  or 
offence  relating  to  such  statement  in  any  place  of  worship  or  in  any  assembly  engaged  in  the 
performance of religious worship or religious ceremonies) or the Indian Penal Code (45 of 1860); or 

(b) the Protection of Civil Rights Act, 1955 (22 of 1955), which provides for punishment for the 
preaching  and  practice  of  “untouchability”,  and  for  the  enforcement  of  any  disability  arising 
therefrom; or 

(c)  section  11  (offence  of  importing  or  exporting  prohibited  goods)  of  the  Customs                   

Act, 1962 (52 of 1962); or 

1. Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979). 
2. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1956. 
3. Subs. by Act 47 of 1966, s. 20, for CHAPTER III (w.e.f. 14-12-1966). 
4. Ins. by Act 29 of 2013, s. 2 (w.e.f. 10-7-2013). 
5. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989). 

12 

 
                                                           
(d)  sections  10  to  12  (offence  of  being  a  member  of  an  association  declared  unlawful,          

offence relating to dealing with funds of an unlawful association or offence relating to contravention 
of  an  order  made  in  respect  of  a  notified  place)  of  the  Unlawful  Activities  (Prevention)                            
Act, 1967 (37 of 1967); or 

(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or 

(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or 

(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive 

activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or 

(h)  section  7  (offence  of  contravention  of  the  provisions  of  section  3  to  6)  of  the  Religious 

Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or 

(i) section 125 (offence of promoting enmity between classes in connection with the election) or 
section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of 
booth capturing) or clause (a) of sub-section (2) of section 136 (offence of Fraudulently defacing or 
fraudulently destroying any nomination paper) of this Act; 1[or] 

1[(j)  section  6  (offence  of  conversion  of  a  place  or  worship)  of  the  Places  of  Worship  (Special 

Provisions) Act 1991], 2[or] 

3[(k)  section  2  (offence  of  insulting  the  Indian  National  Flag  or  the  Constitution  of  India)  or 
section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National 
Honour Act, 1971 (69 of 1971) 4[or];] 

4[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or 

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or 

(n) the Prevention of Terrorism Act, 2002 (15 of 2002),] 

5[shall be disqualified, where the convicted person is sentenced to— 

(i) only fine, for a period of six years from the date of such conviction; 

(ii)  imprisonment,  from  the  date  of  such  conviction  and  shall  continue  to  be  disqualified  for  a 

further period of six years since his release,] 

(2) A person convicted for the contravention of— 

(a) any law providing for the prevention of hoarding or profiteering; or 

(b) any law relating to the adulteration of food or drugs; or 

(c) any provisions of the Dowry Prohibition Act, 6[1961 (28 of 1961);], 

7*                              *                                     *                                   *                               * 

and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such 
conviction and shall continue to be disqualified for a further period of six years since his release. 

(3)  A  person  convicted  of  any  offence  and  sentenced  to  imprisonment  for  not  less  than  two  years 
[other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date 
of such conviction and shall continue to be disqualified for a further period of six years since his release.] 

1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 11-7-1991). 
2. Added by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996). 
3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996). 
4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003). 
5. Subs. by s. 2, ibid., for “shall be disqualified” and ending with the words “such conviction” (w.e.f. 7-1-2003). 
6. Subs. by s. 2, ibid., for “1961 (28 of 1961); or” (w.e.f. 7-1-2003). 
7. Omitted by s. 2, ibid. (w.e.f. 7-1-2003). 

13 

 
 
 
                                                           
1*[(4)]  Notwithstanding  anything  2[in  sub-section  (1),  sub-section  2  and  sub-section  (3)]  a 
disqualification  under  either  sub-section  shall  not,  in  the  case  of  a  person  who  on  the  date  of  the 
conviction is a  member  of  Parliament  or the  Legislature  of  a  State, take  effect until three  months  have 
elapsed from that date or, if within that period an appeal or application for revision is brought in respect 
of the conviction or the sentence, until that appeal or application is disposed of by the court. 

Explanation.—In this section— 

(a) “law providing for the prevention of hoarding or profiteering” means any law, or any order, 

rule or notification having the force of law, providing for— 

(i) the regulation of production or manufacture of any essential commodity; 

(ii) the control of price at which any essential commodity may be brought or sold; 

(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or 

consumption of any essential commodity; 

(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept 

for sale; 

(b) “drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940); 

(c)  “essential  commodity”  has  the  meaning  assigned  to  it  in  the  Essential  Commodities              

Act, 1955 (10 of 1955); 

(d)  “food”  has  the  meaning  assigned  to  it  in  the  Prevention  of  Food  Adulteration                       

Act, 1954 (37 of 1954). 

3[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty 
of a corrupt practice by an order under section 99 shall be submitted, 4[as soon as may be within a period 
of three months from the date such order takes effect], by such authority as the Central Government may 
specify in this behalf, to the President for determination of the question as to whether such person shall be 
disqualified and if so, for what period: 

Provided that the period for which any person may be disqualified under this sub-section shall in no 
case exceed six years from the date on which the order made in relation to him under section 99 takes 
effect. 

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before 
the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such 
disqualification has not expired, submit a petition to the President for the removal of such disqualification 
for the unexpired portion of the said period. 

(3)  Before  giving  his  decision  on  any  question  mentioned  in  sub-section  (1)  or  on  any  petition 
submitted  under  sub-section  (2),  the  President  shall  obtain  the  opinion  of  the  Election  Commission  on 
such question or petition and shall act according to such opinion.] 

9. Disqualification for dismissal for corruption or disloyalty.—(1) A person who having held an 
office  under  the  Government  of  India  or  under  the  Government  of  any  State  has  been  dismissed  for 
corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of 
such dismissal. 

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect 
that a person having held office under the Government of India or under the Government of a State, has or 
has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact: 

1. Sub-section (3) re-numbered as sub-section (4) of that section by Act 1 of 1989, s. 4 (w.e.f. 15-9-1979). 
2. Subs. by s. 4, ibid., for “sub-section (1) and sub-section (2)” (w.e.f. 15-9-1979). 
3. Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975). 
4. Subs. by Act 41 of 2009, s. 4 for certain words (w.e.f. 1-2-2010). 
*Struck down by the Supreme Court of India in case titled Lily Thomas Vs Union of India and Ors. 

14 

 
 
                                                           
Provided  that  no  certificate  to  the  effect  that  a  person  has  been  dismissed  for  corruption  or  for 
disloyalty  to  the  State  shall  be  issued  unless  an  opportunity  of  being  heard  has  been  given  to  the  said 
person. 

9A. Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so 
long  as,  there  subsists  a  contract  entered  into  by  him  in  the  course  of  his  trade  or  business  with  the 
appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that 
Government. 

Explanation.—For  the  purposes  of  this  section,  where  a  contract  has  been  fully  performed  by  the 
person by whom it has been entered into with the appropriate Government, the contract shall be deemed 
not to subsist by reason only of the fact that the Government has not performed its part of the contract 
either wholly or in part. 

10.  Disqualification  for  office  under  Government  company.—A  person  shall  be  disqualified  if, 
and for so long as, he is a managing agent, manager or secretary of any company or corporation (other 
than  a  co-operative  society)  in  the  capital  of  which  the  appropriate  Government  has  not  less  than         
twenty-five per cent. share. 

10A.  Disqualification  for  failure  to  lodge  account  of  election  expenses.—If  the  Election 

Commission is satisfied that a person— 

(a) has failed to lodge an account of election expenses, within the time and in the manner required 

by or under this Act; and 

(b) has no good reason or justification for the failure, 

the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified 
and any such person shall be disqualified for a period of three years from the date of the order. 

11.  Removal  or  reduction  of  period  of  disqualification.—The  Election  Commission  may,  for 
reasons  to  be  recorded,  remove  any  disqualification  under  this  Chapter  1[(except  under  section  8A)]  or 
reduce the period of any such disqualification. 

CHAPTER IV.—Disqualifications for voting 

11A. Disqualification arising out of conviction and corrupt practices.—2[(1)] If any person, after 

the commencement of this Act,— 

3*** is convicted of an offence punishable under section 171E or section 171F of the Indian Penal 
Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 
of this Act, 4*** 

5*                                  *                               *                                     *                                * 

he shall, for a period of six years from the date of the conviction or from the date on which the order takes 
effect, be disqualified for voting at any election. 

6[(2) Any person disqualified by a decision of the  President under sub-section (1) of section 8A for 

any period shall be disqualified for the same period for voting at any election. 

(3)  The  decision  of  the  President  on  a  petition  submitted  by  any  person  under  sub-section  (2)  of 
section 8A in respect of any disqualification for being chosen as, and for being, a member of either House 

1. Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975). 
2. Section 11A re-numbered as sub-section (1) of that section by s. 4, ibid. (w.e.f. 5-9-1979). 
3. The brackets and letter “(a)” omitted by Act 38 of 1978, s. 3 and the Second Schedule (w.e.f. 26-11-1978). 
4. The word “or” omitted by s. 3 and the Second Schedule, ibid. (W.e.f. 26-11-1978). 
5. Omitted by Act 40 of 1975, s. 4 (w.e.f. 6-8-1975). 
6. Ins. by s. 4, ibid. (w.e.f. 6-8-1975). 

15 

 
                                                           
of  Parliament or  of  the  Legislative  Assembly  or  Legislative  Council  of a  Slate shall, so for  as  may  be, 
apply  in  respect  of  the  disqualification  for  voting  at  any  election  incurred  by  him  under  clause  (b)  of     
sub-section  (1)  of  section  11A  of  this  Act  as  it  stood  immediately  before  the  commencement  of  the 
Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the 
said disqualification for voting also.] 

11B.  Removal  of  disqualifications.—The  Election  Commission  may,  for  reasons  to  be  recorded, 

remove 1[any disqualification under sub-section (1) of section 11A].] 

2[PART III 

NOTIFICATION OF GENERAL ELECTIONS 

12. Notification for biennial election to the Council of States.—For the purpose of filling the seats 
of members of the Council of States retiring on the expiration of their term of office the President shall by 
one or more notifications published in the Gazette of India on such date or dates as may be recommended 
by the Election Commission, call upon the elected members of the Legislative Assembly or as the case 
may  be,  the  members  of the  electoral college,  of  each  State  concerned  to  elect members  in  accordance 
with the provisions of this Act and of the rules and orders made thereunder: 

Provided that no notification under this section shall be issued more than three  months prior to the 

date on which the term of office of the retiring members is due to expire. 

3[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of 
States.—For  the  purpose  of  filling  for  the  first  time  the  seat  allotted  to  the  State  of  Sikkim  by  the 
Constitution  (Thirty-sixth  Amendment)  Act,  1975  in  the  Council  of  States,  the  President  shall,  by  a 
notification  published  in  the  Gazette  of  India,  on  such  date  as  may  be  recommended  by  Election 
Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a 
member in accordance with the provisions of this Act and of the rules and orders made thereunder and the 
election so held shall for all purposes and intent be deemed to have been held under section 12.] 

13. [Notification for reconstitution of electoral colleges of certain Union territories.] Omitted by the 

Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957). 

14. Notification for general election to the House of the People.—(1) A general election shall be 
held for the purpose of constituting a new House of the People on the expiration of the duration of the 
existing House or on its dissolution. 

(2) For the said purpose the President shall, by one or more notifications published in the Gazette of 
India  on  such  date  or  dates  as  may  be  recommended  by  the  Election  Commission,  call  upon  all 
Parliamentary constituencies to elect members in accordance with the provisions of this Act and of the 
rules and orders made thereunder: 

Provided that where a general election is held otherwise than on the dissolution of the existing House 
of the People, no such notification shall be issued at any time earlier than six months prior to the date on 
which the duration of that House would expire under the provisions of clause (2) of article 83. 

3[14A. Notification for electing the representative of the State of Sikkim to the existing House of 
the  People.—For  the  purpose  of  electing  a  representative  of  the  State  of  Sikkim  to  the  House  of  the 
People,  specified  in  clause  (e)  of  article  371F  of  the  Constitution,  the  Election  Commission  shall  call 
upon  the  members  of  the  Legislative  Assembly  of  the  Stale  of  Sikkim  to  elect  the  representative  in 
accordance  with  such  of  the  provisions  of  this  Act,  and  the  rules  and  orders  make  thereunder,  as  are 
applicable to the election of the members of the Council of States. 

15. Notification for general election to a State Legislative Assembly.—(1) A general election shall 
be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the 
existing Assembly or on its dissolution. 

1. Subs. by Act 40 of 1975, s. 5, for “any disqualification under this Chapter” (w.e.f. 6-8-1975). 
2. Subs. by Act 27 of 1956, s. 7, for “PART III” (w.e.f. 28-8-1956). 
3. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 

16 

 
                                                           
(2) For the said purpose, 1[the Governor or Administrator, as the case may be], 2*** shall by one or 
more  notifications  published  in  the  Official  Gazette  of  the  State  on  such  date  or  dates  as  may  be 
recommended  by  the  Election  Commission,  call  upon  all  Assembly  constituencies  in  the  State  to  elect 
members in accordance with the provisions of this Act and of the rules and order made thereunder: 

Provided  that  where  a  general  election  is  held  otherwise  than  on  the  dissolution  of  the  existing 
Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the 
date  on  which  the  duration  of  that  Assembly  would  expire  under  the  provisions  of  clause  (1)  of          
article  172 2*** 3[or  under  the  provisions  of  section  5  of  the  Government  of  Union  Territories                
Act, 1963 (20 of 1963), as the case may be]. 

4[15A.  Notification  for  certain  elections  to  Legislative  Councils.—For 

the  purpose  of        
constituting  the  Legislative  Council  of  the  State  of  Madhya  Pradesh  under  the  State  Reorganisation       
Act, 1956 (37 of 1956) and constituting the Legislative Council of the State of Andhra Pradesh  5[under 
the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006)], 6[and constituting the Legislative Council 
of  the  State  of  Tamil  Nadu  under  the  Tamil  Nadu  Legislative  Council  Act,  2010  (16  of  2010)]  the 
Governor  of  each  of  the  aforesaid  States  shall,  by  one  or  more  notifications  published  in  the  Official 
Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon 
the members of the Legislative Assembly of the State and all the Council constituencies to elect members 
in accordance with the provisions of this Act and of the rules and orders made thereunder.] 

16. Notification for biennial election to a State Legislative Council.—For the purpose of filling the 
seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the 
Governor  7*** shall, by one or more notifications published in the Official Gazette of the State on such 
date  or  dates  as  may  be  recommended  by  the  Election  Commission  call  upon  the  members  of  the 
Legislative  Assembly  of  the  State  and  all  the  Council  constituencies  concerned  to  elect  members  in 
accordance with the provisions of this Act and of the rules and orders made thereunder: 

Provided that no notification under this section shall be issued more than three  months prior to the 

date on which the term of office of the retiring members is due to expire.] 

PART IV 
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS 

19.  Definition.—In  this  Part  and  in  Part  V,  unless  the  context  otherwise  requires,  “constituency” 

means 8*** Parliamentary constituency or an Assembly constituency or a Council constituency. 

9[19A.  Delegation  of  functions  of  Election  Commission.—The  functions  of  the  Election 
Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950) and this Act 
or under the rules made thereunder may, subject to such general or special directions, if any, as may be 
given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner 
or by the Secretary to the Election Commission.] 

10[20.  General  duties  of  chief  electoral  officers.—Subject  to  the  superintendence,  direction  and 
control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of 
all elections in the State under this Act. 

11[20A.  General  duties  of  district  election  officer.—(1)  Subject  to  the  superintendence,  direction 
and  control of the chief electoral  officer,  the  district election  officer  shall  co-ordinate and  supervise  all 
work in the district or in the area within his jurisdiction in connection with the conduct of all elections to 
Parliament and the Legislature of the State. 

1. Subs. by Act 20 of 1963, s. 57 and the Second Schedule for “the Governor” (w.e.f. 13-5-1963). 
2.  The  words  “Rajpramukh,  Lieutenant-Governor  or  Chief  Commissioner,  as  the  case  may  be,”  omitted  by  the  Adaptation  of 

Laws (No. 2) Order, 1956. 

3. Added by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 
4. Ins. by Act 37 of 1957, s. 13 (w.e.f. 8-9-1957). 
5. Subs. by Act 1 of 2006, s. 5, for “under the Legislative Councils Act, 1957” (w.e.f. 11-1-2006). 
6. Ins. by Act 16 of 2016, s. 5 (w.e.f. 25-3-2016). 
7. The words “or Rajpramukh, as the case may be,” omitted by the Adaptation of Laws (No. 2) Order, 1956. 
8. The words “an electoral college constituency or” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 
9. Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966). 
10. Subs. by Act 27 of 1956, s. 9, for sections 20 and 21 (w.e.f. 28-8-1956). 
11. Ins. by Act 47 of 1966, s. 22 (w.e.f. 14-12-1966). 

17 

 
                                                           
 
(2) The district election officer shall also perform such other functions as may be entrusted to him by 

the Election Commission and the chief electoral officer.] 

1[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer 
of Government to watch the conduct of election or elections in a constituency or a group of constituencies 
and to perform such other functions as may be entrusted to him by the Election Commission. 

(2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer 
for the constituency or for any of the constituencies for which he has been nominated, to stop the counting 
of votes at any time before the declaration of the result or not to declare the result if in the opinion of the 
Observer booth capturing has taken place at a large number of polling stations or at places fixed for the 
poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are 
unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed 
or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station 
or place cannot be ascertained. 

(3) Where an Observer has directed the returning officer under this section to stop counting of votes 
or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and 
thereupon  the  Election  Commission  shall,  after  taking  all  material  circumstances  into  account,  issue 
appropriate directions under section 58A or section 64A or section 66. 

Explanation.—For  the  purposes  of  sub-section  (2)  and  sub-section  (3),  “Observer”  shall  include  a 
Regional Commissioner or any such officer of the Election Commission as has been assigned under this 
section  the  duty  of  watching  the  conduct  of  election  or  elections  in  a  constituency  or  group  of 
constituencies by the Commission.] 

21.  Returning  officers.—For  every  constituency,  for  every  election  to  fill  a  seat  or  seats  in  the 
Council of Stales and for every election by the members of the Legislative Assembly of a State to fill a 
seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with 
the  Government  of  the  State,  designate  or  nominate  a  returning  officer  who  shall  be  2[an  officer  of 
Government or of a local authority:] 

Provided  that  nothing  in  this  section  shall  prevent  the  Election  Commission  from  designating  or 

nominating the same person to be the returning officer for more than one constituency. 

22. Assistant returning officers.—(1) The Election Commission may appoint one or more persons 

to assist any returning officer in the performance of his functions: 

Provided that every such person shall be 2[an officer of Government or of a local authority]. 

(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent 

to perform all or any of the functions of the returning officer: 

Provided that no assistant returning officer shall perform any of the functions of the returning officer 
which  relate  3***  to  the  scrutiny  of  nominations  4***  unless  the  returning  officer  is  unavoidably 
prevented from performing the said function. 

23.  Returning  officer  to  include  assistant  returning  officers  performing  the  functions  of  the 
returning  officer.—References  in  this  Act  to  the  returning  officer  shall,  unless  the  context  otherwise 
requires,  be  deemed  to  include  an  assistant  returning  officer  performing  any  function  which  he  is 
authorised to perform under sub-section (2) of section 22. 

24. General duty of the returning officer.—It shall be general duty of the returning officer at any 
election to do all such acts and things as may be necessary for effectually conducting the election in the 
manner provided by this Act and rules or orders made thereunder. 

1. Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996). 
2. Subs. by Act 47 of 1966, s. 23, for “an officer of Government” (w.e.f. 14-12-1966). 
3. Certain words omitted by Act 27 of 1956, s. 10 (w.e.f. 28-8-1956). 
4. The words “or to the counting of votes” omitted by s. 10, ibid. (w.e.f. 28-8-1956). 

18 

 
                                                           
 
1[25. Provision of polling stations for constituencies.—The district election officer shall, with the 
previous approval of the Election Commission, provide a sufficient number of polling stations for every 
constituency  the  whole  or  greater  part  of  which  lies  within  his  jurisdiction,  and  shall  publish,  in  such 
manner as the Election Commission may direct, a list showing the polling stations so provided and the 
polling areas or groups of voters for which they have respectively been provided.] 

26. Appointment of presiding officers for polling stations.—(1) The 2[district election officer] shall 
appoint  a  presiding  officer  for  each  polling  station  and  such  polling  officer  or  officers  as  he  thinks 
necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been 
otherwise working for, a candidate in or about the election: 

Provided that if a polling officer is absent from the polling station, the presiding officer may appoint 
any  person  who  is  present  at  the  polling  station  other  than  a  person  who  has  been  employed  by  or  on 
behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer 
during the absence of the former officer, and inform the 2[district election officer] accordingly: 

3[Provided  further that  nothing  in  this sub-section  shall  prevent  that  2[district  election  officer]  from 
appointing  the  same  person  to  be  the  presiding  officer  for  more  than  one  polling  station  in  the  same 
premises.] 

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions 

of a presiding officer under this Act or any rules or orders made thereunder. 

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself 
from the polling station, his functions shall be performed by such polling officer as has been previously 
authorised by the 2[district election officer] to perform such functions during any such absence. 

(4)  References  in  this  Act  to  the  presiding  officer  shall,  unless  the  contest  otherwise  requires,  be 

deemed  to  include  any  person  performing  any  function  which  he  is  authorised  to  perform  under              
sub-section (2) or sub-section (3), as the case may be. 

4*                                *                                  *                                 *                                    * 

27. General duty of the presiding officer.—It shall be the general duty of the presiding officer at a 

polling station to keep order thereat and to see that the poll is fairly taken. 

28.  Duties  of  a  polling  officer.—It  shall  be  the  duty  of  the  polling  officers  at  a  polling  station  to 

assist the presiding officer for such station in the performance of his functions. 

5[28A.  Returning  officer,  presiding  officer,  etc.,  deemed  to  be  on  deputation  to  Election 
Commission.—The returning officer, assistant returning officer, presiding officer, polling officer and any 
other officer appointed under this Part, and any police officer designated for the time being by the State 
Government,  for  the  conduct  of  any  election  shall  be  deemed  to  be  on  deputation  to  the  Election 
Commission for the period commencing on and from the date of the notification calling for such election 
and ending with the date of declaration of the results of such election and accordingly, such officers shall, 
during that period, be subject to the control, superintendence and discipline of the Election Commission.] 

29.  Special  provisions  in  the  case  of  certain  elections.—(1)  The  returning  officer  for  an         

election  6***  to  fill  a  seat  or  seats  in  the  Council  of  States  or  for  an  election  by  the  members  of  the 
Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the 
previous  approval  of  the  Election  Commission,  fix  the  place  at  which  the  poll  will  be  taken  for  such 
election and shall notify the place so fixed in such manner as the Election Commission may direct. 

(2) The returning officer shall preside over such election at the place so fixed and shall appoint such 
polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has 
been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election. 

1. Subs. by Act 47 of 1966, s. 25, for section 25 (w.e.f. 14-12-1966). 
2. Subs. by s. 26, ibid., for “returning officer” (w.e.f. 14-12-1966). 
3. Ins. by Act 27 of 1956, s. 12 (w.e.f. 28-8-1956). 
4. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29.10.2003). 
5. Ins. by Act 1 of 1989, s. 5 (w.e.f. 15-6-1989). 
6. The brackets and words “(other than a primary election)” omitted by Act 27 of 1956, s. 13 (w.e.f. 28-8-1956). 

19 

 
                                                           
1[PART IVA 

REGISTRATION OF POLITICAL PARTIES 

29A.  Registration  with  the  Election  Commission  of  associations  and  bodies  as  political 
parties.—(1)  Any  association  or  body  of  individual  citizens  of  India  calling  itself a  political  party  and 
intending  to  avail  itself  of  the  provisions  of  this  Part  shall  make  an  application  to  the  Election 
Commission for its registration as a political party for the purposes of this Act. 

(2) Every such application shall be made,— 

(a) if the association or body is in existence at the commencement of the Representation of the 

People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement; 

(b)  if  the  association  or  body  is  formed  after  such  commencement,  within  thirty  days  next 

following the date of its formation. 

(3)  Every  application  under  sub-section  (1)  shall  be  signed  by  the  chief  executive  officer  of  the 
association  or  body  (whether  such  chief  executive  officer  is  known  as  Secretary  or  by  any  other 
designation)  and  presented  to  the  Secretary  to  the  Commission  or  sent  to  such  Secretary  by  registered 
post. 

(4) Every such application shall contain the following particulars, namely:— 

(a) the name of the association or body; 

(b) the State in which its head office is situate; 

(c) the address to which letters and other communications meant for it should be sent; 

(d) the names of its president, secretary, treasurer and other office-bearers; 

(e)  the  numerical  strength  of  its  members,  and  if  there  are  categories  of  its  members,  the 

numerical strength in each category; 

(f) whether it has any local units; if so, at what levels; 

(g) whether it is represented by any member or members in either House of Parliament or of any 

Stale Legislature; if so, the number of such member or members. 

(5)  The  application  under  sub-section  (1)  shall  be  accompanied  by  a  copy  of  the  memorandum  or 
rules and regulations of the association or body, by whatever name called, and such memorandum or rules 
and  regulations  shall  contain  a  specific  provision  that  the  association  or  body  shall  bear  true  faith  and 
allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism 
and democracy, and would uphold the sovereignty, unity and integrity of India. 

(6) The  Commission  may  call  for  such  other  particulars as it  may  deem  fit from  the  association  or 

body. 

(7)  After  considering  all  the  particulars  as  aforesaid  in  its  possession  and  any  other  necessary  and 
relevant factors and after giving the representatives of the association or body reasonable opportunity of 
being heard, the Commission shall decide either to register the association or body as a political party for 
the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to 
the association or body: 

Provided  that  no  association  or  body  shall  be  registered  as  a  political  party  under  this  sub-section 
unless the memorandum or rules and regulations of such association or body conform to the provisions of 
sub-section (5). 

(8) The decision of the Commission shall be final. 

(9) After an association or body has been registered as a political party as aforesaid, any change in its 
name, head office, office-bearers, address or in any other material matters shall be communicated to the 
Commission without delay.] 

1. Ins. by Act 1 of 1989, s. 6 (w.e.f. 15-6-1989). 

20 

 
                                                           
1[29B.  Political  parties  entitled  to  accept  contribution.—Subject  to  the  provisions  of  the 
Companies  Act,  1956  (1  of  1956),  every  political  party  may  accept  any  amount  of  contribution 
voluntarily offered to it by any person or company other than a Government company: 

Provided that no political party shall be eligible to accept any contribution from any foreign source 

defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976). 

Explanation.—For the purposes of this section and section 29C,— 
(a) “company” means a company as defined in section 3; 
(b) “Government company” means a company within the meaning of section 617; and 
(c) “contribution” has the meaning assigned to it under section 293A, 

of the Companies Act, 1956 (1 of 1956) and includes any donation or subscription offered by any person 
to a political party; and 

(d)  “person”  has  the  meaning  assigned  to  it  under  clause  (31)  of  section  2  of  the  Income-tax             

Act,  1961  (43  of  1961),  but  does  not  include  Government  company,  local  authority  and  every 
artificial juridical person wholly or partially funded by the Government. 
29C.  Declaration  of  donation  received  by  the  political  parties.—(1)  The  treasurer  of  a  political 
party  or  any  other  person  authorised  by  the  political  party  in  this  behalf  shall,  in  each  financial  year, 
prepare a report in respect of the following namely:— 

(a) the contribution in excess of twenty thousand rupees received by such political party from any 

person in that financial year; 

(b)  the  contribution  in  excess  of  twenty  thousand  rupees  received  by  such  political  party  from 

companies other than Government companies in that financial year. 

2[Provided that nothing contained in this sub-section shall apply to the contributions received by 

way of an electoral bond. 

 Explanation.––For the purposes of this sub-section, “electoral bond” means a bond referred to in 

the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934 (2 of 1934).] 
(2) The report under sub-section (1) shall be in such form as may be prescribed. 
(3)  The  report  for  a  financial  year  under  sub-section  (1)  shall  be  submitted  by  the  treasurer  of  a 
political  party  or  any  other  person  authorised  by  the  political  party  in  this  behalf  before  the  due  date        
for  furnishing  a  return  of  its  income  of  that  financial  year  under  section  139  of  the  Income-tax                 
Act, 1961 (43 of 1961) to the Election Commission. 

(4) Where the treasurer of any political party or any other person authorised by the political party in 
this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the 
Income-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that 
Act.] 

PART V 
CONDUCT OF ELECTIONS 
CHAPTER I.—Nomination of Candidates 

3[30.  Appointment  of  dates  for  nominations,  etc.—As  soon  as  the  notification  calling  upon  a 
constituency to elect a member or members is issued, the Election Commission shall, by notification in 
the Official Gazette, appoint— 

(a)  the  last  date  for  making  nominations,  which  shall  be  the  4[seventh  day]  after  the  date  of 
publication of the first mentioned notification or, if that day is a public holiday, the next succeeding 
day which is not a public holiday; 

(b) the date for the scrutiny of nominations, which shall be 5[the day immediately following] the 
last date for making nominations or, if that day is a public holiday, the next succeeding day which is 
not a public holiday; 

1. Ins. by Act 46 of 2003, s. 2 (w.e.f. 11-9-2003). 
2. Ins.  by Act 7 of 2017, s. 137 (w.e.f. 1-4-2017). 
3. Subs. by Act 27 of 1956, s. 14, for section 30 (w.e.f. 28-8-1956). 
4. Subs. by Act 40 of 1961, s. 7, for “tenth day” (w.e.f. 20-9-1961). 
5. Subs. by Act 47 of 1966, s. 27, for “the second day after” (w.e.f. 14-12-1966). 

21 

 
                                                           
(c) the last date for the withdrawal of candidatures, which shall be 1[the second day] after the date 
for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not 
a public holiday; 

(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall 
be a date not earlier than the  2[fourteenth day] after the last date for the withdrawal of candidatures; 
and 

(e) the date before which the election shall be completed. 

3*                              *                                   *                                        *                                  * 
31.  Public  notice  of  election.—On  the  issue  of  a  notification  under  section  30,  the  returning         

officer  4***  shall  give  public  notice  of  the  intended  election  in  such  form  and  manner  as  may  be 
prescribed,  inviting  nominations  of  candidates  for  such  election  and  specifying  the  place  at  which  the 
nomination papers are to be delivered. 

32.  Nomination  of  candidates  for  election.—Any  person  may  be  nominated  as  a  candidate  for 
election  to  fill  a  seat  5***  if  he  is  qualified  to  be  chosen  to  fill  that  seat  under  the  provisions  of 
Constitution  and  this  Act 6*** 7[or  under  the  provisions  of  the  Government  of  Union  Territories             
Act, 1963 (20 of 1963), as the case may be]. 

8[33.  Presentation  of  nomination  paper  and  requirements  for  a  valid  nomination.—(1)  On  or 
before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his 
proposer, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver 
to  the  returning  officer  at  the  place  specified  in  this  behalf  in  the  notice  issued  under  section  31  a 
nomination paper completed in the prescribed form and signed by the candidate and by an elector of the 
constituency as proposer: 

9[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly 
nominated for  election  form  a  constituency  unless  the  nomination  paper  is  subscribed  by  ten  proposers 
being electors of the constituency: 

Provided further that no nomination paper shall be delivered to the returning officer on a day which is 

a public holiday: 

Provided also that in the case a local authorities’ constituency, graduates’ constituency or teachers’ 
constituency,  the  reference  to  “an  elector  of  the  constituency  as  proposer”  shall  be  construed  as  a 
reference  to  ten  per  cent.  of  the  electors  of  the  constituency  or  ten  such  electors,  whichever  is  less,  as 
proposers.] 

10[(1A)  Notwithstanding  anything  contained  in  sub-section  (1)  for  election  to  the  Legislative 
Assembly  of  Sikkim  (deemed  to  be  the  Legislative  Assembly  of  that  State  duly  constituted  under  the 
Constitution),  the  nomination  paper  to  be  delivered  to  the  returning  officer  shall  be  in  such  form  and 
manner as may be prescribed: 

Provided  that  the  said  nomination  paper  shall  be  subscribed  by  the  candidate  as  assenting  to  the 

nomination, and— 

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty 

electors of the constituency as proposers and twenty electors of the constituency as seconders; 

(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency 

as proposers and at least twenty electors of the constituency as seconders; 

1. Subs. by Act 47 of 1966, s. 27, for “the third day” (w.e.f. 14-12-1966). 
2. Subs. by Act 21 of 1996, s. 5, for “twentieth day” (w.e.f. 1-8-1996). 
3. The Explanation omitted by Act 47 of 1966, s. 27 (w.e.f. 14-12-1966). 
4. The words “for the constituency” omitted by s. 28, ibid. (w.e.f. 14-12-1966). 
5. The words “in any constituency” omitted by Act 27 of 1956, s. 15 (w.e.f. 28-8-1956). 
6. Certain words and figures omitted by the Adaptation of Laws (No. 2) Order, 1956. 
7. Ins. by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 
8. Subs. by Act 27 of 1956, s. 16, for section 33 (w.e.f. 28-8-1956). 
9. Subs. by Act 21 of 1996, s. 6, for “the provisos” (w.e.f. 1-8-1975). 
10. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 

22 

 
                                                           
(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency 

as proposer: 

Provided further that no nomination paper shall be delivered to the returning officer on a day which is 

a public holiday.] 

(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be 
chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular 
caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled 
Caste or, as the case may be, a Scheduled Tribe of the State. 

(3) Where the candidate is a person who, having held any office referred to in  1[section 9] has been 
dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed 
to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in 
the  prescribed  manner  by  the  Election  Commission  to  the  effect  that  he  has  not  been  dismissed  for 
corruption or disloyalty to the State. 

(4)  On  the  presentation  of  a  nomination  paper,  the  returning  officer  shall  satisfy  himself  that  the 
names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are 
the same as those entered in the electoral rolls: 

2[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard 
to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in 
the  electoral  roll  or  the  nomination  paper  and  no  clerical,  technical  or  printing  error  in  regard  to  the 
electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full 
operation of the electoral roll or the nomination paper with respect to such person or place in any case 
where the description in regard to the name of the person or place is such as to be commonly understood; 
and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or 
printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, 
clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.] 

(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that 
constituency  or of  the relevant  part  thereof  or  a  certified  copy  of  the relevant  entries  in  such  roll  shall, 
unless it has been filed along with the nomination paper, be produced before the returning officer at the 
time of scrutiny. 

3[(6)  Nothing  in  this  section  shall  prevent  any  candidate  from  being  nominated  by  more  than  one 

nomination paper: 

Provided  that  not  more  than  four  nomination  papers  shall  be  presented  by  or  on  behalf  of  any 

candidate or accepted by the returning officer for election in the same constituency.] 

4[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a 

person shall not be nominated as a candidate for election,— 

(a)  in  the  case  of  a  general  election  to  the  House  of  the  People  (whether  or  not  held 
simultaneously  from  all  Parliamentary  constituencies),  from  more  than  two  Parliamentary 
constituencies; 

(b) in the case of a general election to the Legislative Assembly of a State (whether or not held 
simultaneously  from  all  Assembly  constituencies), from  more  than  two  Assembly  constituencies  in 
that State; 

(c) in the case of a biennial election to the Legislative Council of a State having such Council, 

from more than two Council constituencies in the State; 

1. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for “clause (f) of section 7” (w.e.f. 26-11-1978). 
2. Subs. by Act 47 of 1966, s. 29, for “the proviso” (w.e.f. 14-12-1966). 
3. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961). 
4. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). 

23 

 
                                                           
(d) in the case of a biennial election to the Council of States for filling two or more seats allotted 

to a State, for filling more than two such seats; 

(e)  in  the  case  of  bye-elections  to  the  House  of  the  People  from  two  or  more  Parliamentary 
constituencies which are held simultaneously, from more than two such Parliamentary constituencies; 

(f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly 

constituencies which are held simultaneously, from more than two such Assembly constituencies; 

(g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a 

State, which are held simultaneously, for filling more than two such seats; 

(h)  in  the case  of  bye-elections  to  the  Legislative  Council  of a  State having  such  Council  from 
two or more Council constituencies which are held simultaneously, from more than two such Council 
constituencies. 

Explanation.—For the purposes of this sub-section, two or more bye-elections shall be deemed to be 
held  simultaneously  where  the  notification  calling  such  bye-elections  are  issued  by  the  Election 
Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.] 

1[33A.  Right  to  information.—(1)  A  candidate  shall,  apart  from  any  information  which  he  is 
required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under 
sub-section (1) of section 33, also furnish the information as to whether— 

(i) he is accused of any offence punishable with imprisonment for two years or more in a pending 

case in which a charge has been framed by the court of competent jurisdiction; 

(ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or 
sub-section  (2),  or  covered  in  sub-section  (3),  of  section  8]  and  sentenced  to imprisonment  for  one 
year or more. 

(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning 
officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by 
the candidate in a prescribed form verifying the information specified in sub-section (1). 

(3) The returning  officer shall,  as  soon  as  may  be  after the  furnishing  of  information  to  him  under 
sub-section  (1),  display  the  aforesaid  information  by  affixing  a  copy  of  the  affidavit,  delivered  under     
sub-section  (2),  at  a  conspicuous  place  at  his  office  for  the  information  of  the  electors  relating  to  a 
constituency for which the nomination paper is delivered.] 

2[33B.  Candidate  of  furnish  information  only  under  the  Act  and  the  rules.—Notwithstanding 
anything  contained  in  any  judgment,  decree  or  order  of  any  court  or  any  direction,  order  or  any  other 
instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such 
information, in respect of his election which is not required to be disclosed or furnished under this Act or 
the rules made thereunder.] 

34.  Deposits.—3[(1)  A  candidate  shall  not  be  deemed  to  be  duly  nominated  for  election  from  a 

constituency unless he deposits or causes to be deposited,— 

(a) in the case of an election from a Parliamentary constituency, 4[a sum of twenty-five thousand 
rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve 
thousand five hundred rupees]; and 

(b) in the case of an election from an Assembly or Council constituency, 5[a sum of ten thousand 
rupees or where the candidate is a member of a  Scheduled Caste or Scheduled Tribe, a sum of five 
thousand rupees]: 

Provided that where a candidate has been nominated by more than one nomination paper for election 

in the same constituency, not more than one deposit shall be required of him under this sub-section.] 

1. Ins. by Act 72 of 2002, s. 2 (w.e.f. 24-8-2002). 
2. Ins. by s. 3, ibid. (w.e.f. 24-8-2002). 
3. Subs. by Act 21 of 1996, s. 7, for sub-section (1) (w.e.f. 1-8-1996). 
4. Subs. by Act 41 of 2009, s. 5, for certain words (w.e.f. 1-2-2010). 
5. Subs. by s. 6, ibid., for certain words (w.e.f. 1-2-2010). 

24 

 
                                                           
(2)  Any  sum  required  to  be  deposited  under  sub-section  (1)  shall  not  be  deemed  to  have  been 

deposited  under  that  sub-section  unless  at  the  time  of  delivery  of  the  nomination  paper  1[under               
sub-section (1) or, as the case may be, sub-section (1A) of section 33] the candidate has either deposited 
or  caused  to  be  deposited  that  sum  with  the  returning  officer  in  cash  or  enclosed  with  the  nomination 
paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank 
of India or in a Government Treasury. 

35. Notice of nominations and the time and place for their scrutiny.—The returning officer shall, 
on  receiving  the  nomination  paper  2[under  sub-section  (1)  or,  as  the  case  may  be,  sub-section  (1A)  of 
section  33],  inform  the  person  or  persons  delivering  the  same  of  the  date,  time  and  place  fixed  for  the 
scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a 
certificate  stating  the  date  on  which  and the  hour  at which  the  nomination  paper  has  been  delivered  to 
him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a 
notice of the nomination containing descriptions similar to those contained in the nomination paper, both 
of the candidate and of 3[the proposer]. 

36.  Scrutiny  of  nominations.—(1)  On  the  date  fixed  for  the  scrutiny  of  nominations  under         

section  30,  the  candidates,  their  election  agents,  one  proposer  4***  of  each  candidate,  and  one  other 
person  duly  authorised  in  writing  by  each  candidate,  but  no  other  person,  may  attend  at  such time  and 
place  as  the  returning  officer  may  appoint;  and  the  returning  officer  shall  give  them  all  reasonable 
facilities for examining the nomination papers of all candidates which have been delivered within the time 
and in the manner laid down in section 33. 

(2)  The  returning  officer  shall  then  examine  the  nomination  papers  and  shall  decide  all  objections 
which may be made to any nomination and may, either on such objection or on his own motion, after such 
summary  inquiry,  if  any,  as  he  thinks  necessary,  5[reject]  any  nomination  on  any  of  the  following   
grounds:— 

6[(a) 7[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified 
or is disqualified for being chosen to fill the seat under any of the following provisions that may be 
applicable, namely:— 

Articles 84, 102, 173 and 191, 8***. 
9[Part  II  of  this  Act  and  sections  4  and  14  of  the  Government  of  Union  Territories                       

Act, 1963 (20 of 1963)] 10***; or 

(b)  that  there  has  been  a  failure  to  comply  with  any  of  the  provisions  of  section  33  or             

section 34; or 

(c) that the signature of the candidate or the proposer on the nomination paper is not genuine.] 
(3) Nothing contained in  11[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise 
the  12[rejection]  of  the  nomination  of  any  candidate  on  the  ground  of  any  irregularity  in  respect  of  a 
nomination paper, if the candidate has  “been duly nominated by means of another nomination paper in 
respect of which no irregularity has been committed. 

1. Subs. by Act 10 of 1976, s. 2 and the Schedule for “under sub-section (1) of section 33” (w.e.f. 9-9-1975). 
2. Subs. by s. 2 and the Schedule, ibid., for “under sub-section (1)” (w.e.f. 9-9-1975). 
3. Subs. by Act 27 of 1956, s. 18, for certain words (w.e.f. 28-8-1956). 
4. The words “and one seconder” omitted by s. 19, ibid. (w.e.f. 28-8-1956). 
5. Subs. by s. 19, ibid., for “refuse” (w.e.f. 28-8-1956). 
6. Subs. by s. 19, ibid., for clauses  (a) to (e) (w.e.f. 28-8-1956). 
7. Subs. by Act 40 of 1961, s. 9, for “that the candidate” (w.e.f. 20-9-1961). 
8. The word “and” omitted by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 
9. Subs. by s. 57 and the Second Schedule, ibid., for “Part II of this Act” (w.e.f. 13-5-1963). 
10. Certain words and figures omitted by the Adaptation of Laws (No. 2) Order, 1956. 
11. Subs. by Act 27 of 1956, s. 19.  for “clause (c), clause (d) or clause (e)” (w.e.f. 28-8-1956). 
12. Subs. by s. 19, ibid., for “refusal” (w.e.f. 28-8-1956). 

25 

 
 
                                                           
 
(4)  The  returning  officer  shall  not  reject  any  nomination  paper  on  the  ground  of  any  1***  defect 

which is not of a substantial character. 

(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) 
of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are 
interrupted or obstructed by riot or open violence or by causes beyond his control: 

Provided that in case 2[an objection is raised by the returning officer or is made by any other person] 
the candidate concerned may be allowed time to rebut it not later than the next day but one following the 
date  fixed  for  scrutiny,  and  the  returning  officer  shall  record  his  decision  on  the  date  to  which  the 
proceedings have been adjourned. 

(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting 
the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons 
for such rejection. 

3[(7)  For  the  purposes  of  this  section,  a  certified  copy  of  an  entry  in  the  electoral  roll  for  the  time 
being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that 
entry  is  an  elector  for  that  constituency,  unless  it  is  proved  that  he  is  subject  to  a  disqualification 
mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950). 

(8)  Immediately  after  all  the  nomination  papers  have  been  scrutinised  and  decisions  accepting  or 
rejecting  the  same  have  been  recorded,  the  returning  officer  shall  prepare  a  list  of  validly  nominated 
candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice 
board.] 

37. Withdrawal of candidature.—(1) Any candidate may  withdraw his candidature by a notice in 
writing  which  shall  contain  such  particulars  as  may  be  prescribed  and  shall  be  subscribed  by  him  and 
delivered  before  three  O’clock  in  the  afternoon  on  the  day  fixed  under  clause  (c)  of  section  30  to  the 
returning  officer either  by such candidate  in  person  or  by  his  proposer,  4***  or  election  agent  who has 
been authorised in this behalf in writing by such candidate. 

5*                           *                              *                                     *                                             * 
(2) No person who has given a notice or withdrawal of his candidature under sub-section (1) shall be 

allowed to cancel the notice. 

6[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and 
the  identity  of  the  person  delivering  it  under  sub-section  (1),  cause  the  notice  to  be  affixed  in  some 
conspicuous place in his office.] 

7[38. Publication  of list of  contesting  candidates.—(1)  Immediately  after  the expiry  of the  period 
within  which  candidatures may  be  withdrawn  under  sub-section  (1)  of  section  37,  the  returning  officer 
shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, 
that is to say, candidates who were included in the list of validly nominated candidates and who have not 
withdrawn their candidature within the said period. 

8[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as 

follows, namely:— 

(i) candidates of recognised political parties; 

(ii) candidates of registered political parties other than those mentioned in clause (i); 

(iii) other candidates. 

1. The word “technical” omitted by Act 27 of 1956, s. 19 (w.e.f. 28-8-1956). 
2. Subs. by Act 40 of 1961, s. 9, for “and objection is made” (w.e.f. 20-9-1961). 
3. Subs. by Act 27 of 1956, s. 19, for sub-section (7) (w.e.f. 28-8-1956). 
4. The word “seconder” omitted by s. 20, ibid. (w.e.f. 28-8-1956). 
5. The proviso omitted by s. 20, ibid. (w.e.f. 28-8-1956). 
6. Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9-1961). 
7. Subs. by Act 27 of 1956, s. 21, for section 38 (w.e.f. 28-8-1956). 
8. Subs. by Act 21 of 1966, s. 8, for sub-section (2) (w.e.f. 1-8-1996). 

26 

 
                                                           
 
(3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and 
the names of candidates in each category shall be arranged in alphabetical order and the addresses of the 
contesting  candidates  as  given  in the  nomination  papers  together  with  such  other  particulars  as  may  be 
prescribed].] 

1[39. Nomination of candidates at other elections.—(1) As soon as the notification calling upon the 
elected members or the members of the Legislative Assembly of a State or the members of the electoral 
college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by 
notification in the Official Gazette, appoint— 

(a)  the  last  date  for  making  nominations,  which  shall  be  the 3[seventh  day]  after  the  date  of 
publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding 
day which is not a public holiday; 

(b) the date for the scrutiny of nominations, which shall be 4[the day immediately following] the 
last date for making nominations or, if that day is a public holiday, the next succeeding day which is 
not a public holiday; 

(c) the last date for the withdrawal of candidatures, which shall be 5[the second day] after the date 
for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not 
a public holiday; 

(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall 

be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and 

(e) the date before which the election shall be completed. 

6*                          *                                              *                               *                              * 

(2)  The  provisions  of  sections  31  to  38,  excluding  sub-sections  (2)  and  (5)  of  section  33      

and 7[clause (a) of sub-section (1) of section 34], shall apply in relation to any such election as they apply 
in relation to an election in any constituency: 

Provided that— 

(a) any references in the said provisions to the electoral roll of the constituency shall, unless the 
context  otherwise  requires,  be  construed,  in  the  case  of  an  election  by  the  members  or  the  elected 
members  of  the  Legislative  Assembly  of  the  State,  as  references  to  the  lift  of  members  of  elected 
members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and 
in the case of an election by the members of the electoral college of a 2[Union territory], as references 
to the list of members of such electoral college maintained under sub-section (2) of that section; 

8[(aa) the reference in the opening paragraph of sub-section (1) of section 33 to “an elector of the 
constituency as proposer” shall be construed as a reference to “ten per cent. of the elected members or 
of the members of the Legislative Assembly of a State or of the members of the electoral college of a 
Union territory, as the case may be, or ten members concerned, whichever is less, as proposers”: 

Provided that where as a result of the calculation of the percentage referred to in this clause, the 
number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it 
shall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;] 

1. Subs. by Act 27 of 1956, s. 22, for section 39 (w.e.f. 28-8-1956). 
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”. 
3. Subs. by Act 40 of 1961, s. 11, for “tenth day” (w.e.f. 20-9-1961). 
4. Subs. by Act 47 of 1966, s. 30, for “the second day after” (w.e.f. 14-12-1966). 
5. Subs. by s. 30, ibid., for “the third day” (w.e.f. 14-12-1966). 
6. The Explanation omitted by s. 30, ibid., (w.e.f. 14-12-1966). 
7. Subs. by Act 58 of 1958, s. 19, for “section 34” (w.e.f. 30-12-1958). 
8. Ins. by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989). 

27 

 
                                                           
1[2[(ab)]  in the case  of an  election to  the  Legislative  Council  of a  State by  the  members  of  the 
Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as 
including a reference to sub-clause (d) of clause (3) of article 171;] 

(b)  any  references  in  the  said  provisions  to  section  30  shall  be  construed  as  references  to                 

sub-section (1) of this section; and 

(c) at the time of presenting the nomination paper, the returning officer may require the person 
presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which 
the name of the candidate is included or a certified copy of the relevant entries in such roll.] 

3[39A.  Allocation  of  equitable  sharing  of  time.—(1)  Notwithstanding  anything  contained  in  any 
other law for the time being in force, the Election Commission shall, on the basis of the past performance 
of a recognised political party, during elections, allocate equitable sharing of time on the cable television 
network  and  other  electronic  media  in  such  manner  as  may  be  prescribed  to  display  or  propagate  any 
election matter or to address public in connection with an election. 

(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be 
made after the publication of list of contesting candidates under section 38 for the election and shall be 
valid till forty-eight hours before the hour fixed for poll for such election. 

(3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political 

parties concerned. 

(4) The Election  Commission may, for the purpose of this section, make code of conduct for cable 
operators and electronic media and the cable operators and every person managing or responsible for the 
management of the electronic media shall abide by such code of conduct. 

Explanation.—For the purposes of this section,— 

(a)  “electronic  media” includes  radio  and any  other  broadcasting  media  notified  by  the  Central 

Government in the Official Gazette; 

(b) “cable television network” and “cable operator” have the meanings respectively assigned to 

them under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).] 

CHAPTER II.—Candidates and their Agent 

4[40.  Election  agents.—A  candidate  at  an  election  may  appoint  in  the  prescribed  manner  any  one 
person other than himself to be his election agent and when any such appointment is made, notice of the 
appointment shall be given in the prescribed manner to the returning officer.] 

5[41.  Disqualification  for  being  an  election  agent.—Any  person  who  is  for  the  time  being 
disqualified under the Constitution or under this Act for being a member of either House of Parliament or 
the  House  or  either  House  of  the  Legislature  of  a  State  or  for  voting  at  elections,  shall,  so  long  as  the 
disqualification subsists, also be disqualified for being an election agent at any election.] 

42.  Revocation  of  the  appointment,  or  death,  of  an  election  agent.—(1)  Any  revocation  of  the 
appointment of an election agent, 6*** shall be signed by the candidate, and shall operate from the date on 
which it is lodged with the returning officer. 

7[(2) In the event of such a revocation or of the death of an election agent whether that event occurs 
before  or  during  the  election,  or  after  the  election  but  before  the  account  of  the  candidate’s  election 
expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in 
the prescribed manner another person to be his election agent and when such appointment is made notice 
of the appointment shall be given in the prescribed manner to the returning officer.] 

1. Ins. by Act 47 of 1966, s. 30 (w.e.f. 14-12-1966). 
2. Clause (aa) relettered as clause (ab) by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989). 
3. Ins. by Act 46 of 2003, s. 3 (w.e.f. 24-9-2003). 
4. Subs. by Act 27 of 1956, s. 23, for section 40 (w.e.f. 28-8-1956). 
5. Subs. by Act 47 of 1966, s. 31, for section 41 (w.e.f. 14-12-1966). 
6. The words “whether he be the candidate himself or not” omitted by Act 27 of 1956, s. 24 (w.e.f. 28-8-1956). 
7. Subs. by s. 24, ibid., for sub-section (2) (w.e.f. 28-8-1956). 

28 

 
                                                           
43.  [Effect  of  default  in  appointment  of  election  agent  under  section  42.]  Omitted  by  the 

Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25 (w.e.f. 28-8-1956). 

44. [Duty of the election agent to keep accounts.] Omitted by s. 25, ibid. (w.e.f. 28-8-1956). 

1[45.  Functions  of  election  agents.—An  election  agent  may  perform  such  functions  in  connection 

with the election as are authorised by or under this Act to be performed by an election agent.] 

2[46. Appointment of polling agents.—A contesting candidate or his election agent may appoint in 
the  prescribed  manner  such  number  of  agents  and  relief  agents  as  may  be  prescribed  to  act  as  polling 
agents  of  such  candidate  at  each  polling  station  provided  under  section  25  or  at  the  place  fixed  under     
sub-section (1) of section 29 for the poll.] 

3[47. Appointment of counting agents.—A contesting candidate or his election agent may appoint in 
the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the 
present as his counting agent or agents at the counting of votes, and when any such appointment is made 
notice of the appointment shall be given in the prescribed manner to the returning officer.] 

48.  Revocation  of  the  appointment  or  death  of  a  polling  agent  or  counting  agent.—(1)  Any 
revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and 
shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event 
of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his 
election agent may appoint in the prescribed manner another polling agent at any time before the poll is 
closed  and  shall  forthwith  give  notice  of  such  appointment  in  the  prescribed  manner  to  such  officer  as 
may be prescribed. 

(2)  Any  revocation  of  the  appointment  of  a  counting  agent  shall  be  signed  by  the  candidate  or  his 
election agent and shall operate from the date on which it is lodged with the returning officer, and in the 
event of such revocation or of the death of a counting agent before the commencement of the counting of 
votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at 
any time before the counting of votes is commenced and shall forthwith give notice of such appointment 
in the prescribed manner to the returning officer. 

49.  Functions  of  polling  agents  and  counting  agents.—(1)  A  polling  agent  may  perform  such 
functions in connection with the poll as are authorised by or under this Act to be performed by a polling 
agent. 

(2)  A  counting  agent  may  perform  such  functions  in  connection  with  the  counting  of  votes  as  are 

authorised by or under this Act to be performed by a counting agent. 

50.  Attendance  of  a  contesting  candidate  or  his  election  agent  at  polling  stations,  and 
performance  by  him  of  the  functions  of  a  polling  agent  or  counting  agent.—(1)  At  every  election 
where  a  poll  is  taken,  each  4[contesting  candidate]  at  such  election  and  his  election  agent  shall  have  a 
right to be present at any polling station provided under section 25 for the taking of the poll or at the place 
fixed under sub-section (1) of section 29 for the poll. 

(2) A 4[contesting candidate] or his election agent may himself do any act or thing which any polling 
agent or the counting agent of such  4[contesting candidate] if appointed, would have been authorised by 
or  under  this  Act  to  do,  or  may  assist  any  polling  agent  or  the  counting  agent  of  such  4[contesting 
candidate] in doing any such act or thing. 

51.  Non-attendance  of  polling  or  counting  agents.—Where  any  act  or  thing  is  required  or 

authorised  by  or  under  this  Act  to  be  done  in  the  presence  of  the  polling  or  counting  agents,  the             
non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the 
act or thing is otherwise duly done, invalidate the act or thing done. 

1. Subs. by Act 27 of 1956, s. 26, for s. 45 (w.e.f. 28-8-1956). 
2. Subs. by s. 27, ibid., for s. 46 (w.e.f. 28-8-1956). 
3. Subs. by s. 28, ibid., for s. 47 (w.e.f. 28-8-1956). 
4. Subs. by Act 58 of 1958, s. 20, for “candidate” (w.e.f. 30-12-1958). 

29 

 
 
                                                           
CHAPTER III.—General Procedure at Elections 

1[52. Death of a candidate of recognised political party before poll.—(1) If a candidate, set up by 

a recognised political party,— 

(a) dies at any time after 11.00 A.M. on the last date for making nomination and his nomination is 

found valid on scrutiny under section 36; or 

(b)  whose  nomination  has  been  found  valid  on  scrutiny  under  section  36  and  who  has  not 

withdrawn his candidature under section 37 dies; 

and  in  either  case,  a  report  of  his  death  is  received  at  any  time  before  the  publication  of  the  list  of 
contesting candidate under section 38; or 

(c) dies as a contesting candidate and a report of his death is received before the commencement 

of the poll, 

the  returning  officer  shall,  upon  being  satisfied  about  the  fact  of  the  death  of  the  candidate,  by  order 
announce  an  adjournment  of  the  poll  to  a  date  to  be  notified  later  and  report  the  fact  to  the  Election 
Commission and also to the appropriate authority: 

Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except 

after the scrutiny of all the nominations including the nomination of the deceased candidate. 

(2)  The  Election  Commission  shall,  on  receipt  of  a  report  from  the  returning  officer  under                

sub-section (1), call upon the recognised political party, whose candidate has died, to nominate another 
candidate for the said poll within seven days of issue of such notice to such recognised political party and 
the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they 
would apply to other nominations: 

Provided  that  no  person  who  has  given  a  notice  of  withdrawal  of  his  candidature  under                     

sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as 
a candidate for election after such adjournment. 

(3) Where a list of contesting candidates had been published under section 38 before the adjournment 
of  the  poll  under  sub-section  (1),  the  returning  officer  shall  again  prepare  and  publish  a  fresh  list  of 
contesting candidates under that section so as to include the name of the candidate who has been validly 
nominated under sub-section (2). 

Explanation.—For  the  purposes  of  this  section,  sections  33  and  38,  “recognised  political  party”, 
means  a  political  party  reorganised,  by  the  Election  Commission  under  the  Election  Symbols 
(Reservation and Allotment) Order, 1968.] 

53.  Procedure  in  contested  and  uncontested  elections.—2[(1)  If  the  number  of  contesting 

candidates is more than the number of seats to be filled, a poll shall be taken.] 

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer 

shall forthwith declare all such candidates to be duly elected to fill those seats. 

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer 
shall  forthwith  declare  all  such  candidates  to  be  elected  and  the  3[Election  Commission]  shall  by 
notification in the Official Gazette, call upon the constituency or the elected members or the members of 
the State Legislative Assembly or the members of the electoral college concerned  4*** as the case may 
be, to elect a person or persons to fill the remaining seat or seats 5***: 

1. Subs. by Act 21 of 1996, s. 9, for section 52 (w.e.f. 1-8-1996). 
2. Subs. by Act 27 of 1956, s. 30, for sub-section (1) (w.e.f. 28-8-1956). 
3. Subs. by s. 30, ibid., for “appropriate authority” (w.e.f. 28-8-1956). 
4.  The  words  “or  the  elected  members  of  the  Coorg  Legislative  Council”  omitted  by  Act  49  of  1951,  s.  44  and  the  Fifth     

Schedule (w.e.f. 6-9-1951). 

5.  Certain words omitted by Act 27 of 1956, s. 30 (w.e.f. 28-8-1956). 

30 

 
 
                                                           
Provided that where the constituency or the elected members or the members of the State Legislative 
Assembly  or  the  members  of  the  electoral  college  1***  having  already  been  called  upon  under  this          
sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to 
fill  the  vacancy  or  vacancies,  the  2[Election  Commission]  shall  not  be  bound  to  call  again  upon  the 
consituency, or such members to elect a person or persons 3[until it is satisfied that if called upon again, 
there will be no such failure on the part of the constituency of such members]. 

54. 

[Special  procedure  at  elections 

in  constituencies  where  seats  are  reserved 

for                   

Scheduled  Caste  or  Scheduled  Tribes.]  Omitted  by  the  Representation  of  the  People  (Amendment)         
Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961). 

55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved 
for  those  castes  or  tribes.—For  the  avoidance  of  doubt  it  is  hereby  declared  that  a  member  of  the 
Scheduled  Castes  or  of  the  Scheduled  Tribes  shall  not  be  disqualified  to  hold  a  seat  not  reserved  for 
members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution 
and this Act 4[or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.] 

55A. [Retirement from contest at elections in Parliamentary and Assembly constituencies.] Omitted 

by the Representation of the People (Amendment) Act, Act, 1958 (58 of 1958), s. 22 (w.e.f. 20-9-1961). 

CHAPTER IV.—The Poll 

56. Fixing time for poll.—The 5[Election Commission] shall fix the hours during which the poll will 

be taken; and the hours so fixed shall be published in such manner as may be prescribed: 

Provided that the total period allotted on any one day for polling at an election in 6[a Parliamentary or 

Assembly constituency] shall not be less than eight hours. 

57.  Adjournment  of  poll  in  emergencies.—(1)  If  at  an  election  the  proceedings  at  any  polling 
station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are 
interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll 
at any polling station or such place on account of any natural calamity, or any other sufficient cause the 
presiding  officer  for  such  polling  station  or  the  returning  officer  presiding  over  such  place,  as the  case 
may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so 
adjourned by a presiding officer, he shall forthwith inform the returning officer concerned. 

(2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report 
the circumstances to the appropriate authority and the Election Commission, and shall, as soon as may be, 
with  the  previous  approval  of  the  Election  Commission,  appoint  the  day  on  which  the  poll  shall 
recommence, and fix the polling station or place at which and the hours during  which, the poll will be 
taken,  and  shall  not  count  the  votes  cast  at  such  election  until  such  adjourned  poll  shall  have  been 
completed. 

(3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election 

Commission may direct the date, place and hours of polling fixed under sub-section (2). 

7[58. Fresh poll in the case of destruction, etc., of ballot boxes.—(1) If at any election,— 

(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out 
of  the  custody  of  the  presiding  officer  or  the  returning  officer,  or  is  accidentally  or  intentionally 
destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that 
polling station or place cannot be ascertained; or 

1.  The  words  “or  the  elected  members  of  the  Coorg  Legislative  Council”  omitted  by  Act  49  of  1951,  s.  44  and  the  Fifth     

Schedule (w.e.f. 6-9-1951). 

2. Subs. by Act 27 of 1956, s. 30, for “appropriate authority” (w.e.f. 28-8-1956). 
3. Subs. by s. 30, ibid., for “until such date as  the  Election Commission may specify in this behalf” (w.e.f. 28-8-1956). 
4. Omitted by the Adaptation of Laws (No.2) Order, 1956. 
5. Subs. by Act 27 of 1956, s. 34, for “appropriate authority” (w.e.f. 28-8-1956). 
6. Subs. by Act 58 of 1958, s. 23, for “a Constituency” (w.e.f. 30-12-1958). 
7. Subs. by Act 40 of 1961, s. 13, for section 58 (w.e.f. 20-9-1961). 

31 

 
                                                           
1[(aa)  any  voting  machine  develops  a  mechanical  failure  during  the  course  of  the  recording  of 

votes; or] 

(b)  any  such  error  or  irregularity  in  procedure  as  is  likely  to  vitiate  the  poll  is  committed  at  a 

polling station or at a place fixed for the poll, 

the returning officer shall forthwith report the matter to the Election Commission. 

(2)  Thereupon  the  Election  Commission  shall,  after  taking  all  material  circumstances  into           

account; either— 

(a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for 
taking a fresh poll at that polling station or place and notify the day so appointed and the hours so 
fixed in such manner as it may deem fit, or 

(b) if satisfied that the result of a fresh poll at that polling station or place will not, in anyway, 
affect the result of the election or that 2[the mechanical failure of the voting machine or] the error or 
irregularity in procedure is not material, issue such directions to the returning officer as it may deem 
proper for the further conduct and completion of the election. 

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such 

fresh poll as they apply to the original poll.] 

2[58A.  Adjournment  of  poll  or  countermanding  of  election  on  the  ground  of  booth     

caputring.—(1) If at any election,— 

(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in 
this section referred to as a place) in such a manner that the result of the poll at that polling station or 
place cannot be ascertained; or 

(b) booth capturing takes place in any place for counting of votes in such a manner that the result 

of the counting at that place cannot be ascertained, 

the returning officer shall forthwith report the matter to the Election Commission. 

(2)  The  Election  Commission  shall,  on  the  receipt  of  a  report  from  the  returning  officer  under        

sub-section (1) and after taking all material circumstances into account, either— 

(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, 
for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed 
in such manner as it may deem fit; or 

(b)  if  satisfied  that  in  view  of  the  large  number  of  polling  stations  or  places  involved  in  booth 
capturing  the  result  of  the  election  is  likely  to  be  affected,  or  that  booth  capturing  had  affected 
counting of votes in such a manner as to affect the result of the election, countermand the election in 
that constituency. 

Explanation.—In this section, “booth capturing” shall have the same meaning as in section 135A.] 

59. Manner of voting at elections.—At every election where a poll is taken votes shall be given by 
ballot in such manner as may be prescribed, 3[and, save as expressly provided by this Act, no votes shall 
be received by proxy]: 

4[Provided that the votes at every election to fill a seat or seats in the Council of States shall be given 

by open ballot.] 

1. Ins. by Act 1 of 1989, s. 9 (w.e.f. 15-3-1989). 
2. Ins. by s. 10, ibid. (w.e.f. 15-3-1989). 
3. Subs. by Act 24 of 2003, s. 2, for “and no votes shall be received by proxy” (w.e.f. 22-9-2003). 
4. Ins. by Act 40 of 2003, s. 3 (w.e.f. 28-8-2003). 

32 

 
 
 
                                                           
1[60.  Special  prodecure  for  voting  by  certain  classes  of  persons.—Without  prejudice  to  the 
generality  of  the  provisions  contained  in  section  59,  provision  may  be  made,  by  rules  made  under  this 
Act, for enabling,— 

(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 
of the Representation of the People Act, 1950 (43 of 1950) (hereinafter in this section referred to as      
the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other 
manner, at an election in a constituency where poll is taken; 

(b) any of the following persons to give his vote either in person or by postal ballot, and not in 

any other manner, at an election in a constituency where a poll is taken, namely:— 

(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of         

the 1950-Act; 

(ii) the 2[spouse] of any such person to whom the provisions of sub-section (3) of section 20 

of the 1950-Act apply and such  2[spouse] being ordinarily residing with that person in terms of                  
sub-section (6) of that section; 

(c)  any  person  belonging  to  a  class  of  persons  notified  by  the  Election  Commission  in 
consultation with the Government to give his vote by postal ballot, and not in any other manner, at an 
election in a constituency where a poll is taken subject to the fulfilment of such requirement as may 
be specified in those rules; 

(d) any person subjected to preventive detention under any law for the time being in force to give 
his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is 
taken, subject to the fulfilment of such requirements as may be specified in those rules.] 

3[61.  Special  procedure  for  preventing  personation  of  electors.—With  a  view  to  preventing 

personation of electors provision may be made by rules made under this Act:— 

(a) for the making with indelible ink of the thumb or any other finger of every elector who applies 
for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such 
paper or papers to him; 

(b) for the production before the presiding officer or a polling officer of a polling station by every 
such elector as aforesaid of identity card before the delivery of a ballot paper or ballot papers to him if 
under  rules  made  in  that  behalf  under  the  Representation  of  the  People  Act,  1950  (43  of  1950), 
electors of the constituency in which the polling station is situated have been supplied with identity 
cards with or without their respecting photographs attached thereto; and 

(c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if 
at the time such person applies for such paper he has already such a mark on his thumb or any other 
finger or does not produce on demand his identity card before the presiding officer or a polling officer 
of the polling station]. 

4[61A. Voting machines at elections.—Notwithstanding anything contained in this Act or the rules 
made  thereunder,  the  giving  and  recording  of  votes  by  voting  machines  in  such  manner  as  may  be 
prescribed,  may  be  adopted  in  such  constituency  or  constituencies  as  the  Election  Commission  may, 
having regard to the circumstances of each case, specify. 

Explanation.—For  the  purpose  of  this  section,  “voting  machine”  means  any  machine  or  apparatus 
whether operated electronically or otherwise used for giving or recording of votes and any reference to a 
ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be 
construed as including a reference to such voting machine wherever such voting machine is used at any 
election.] 

1. Subs. by Act 24 of 2003, s. 3, for section 60 (w.e.f. 22-9-2003). 
2. Subs. by Act 49 of 2021, s. 6, for “wife” (w.e.f. 1-8-2022). 
3. Subs. by Act 58 of 1958, s. 25, for section 61 (w.e.f. 30-12-1958). 
4. Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989). 

33 

 
                                                           
62. Right to vote.—(1) No person who is not, and except as expressly provided by this Act, every 
person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote 
in that constituency. 

(2)  No  person  shall  vote  at  an  election  in  any  constituency  if  he  is  subject  to  any  of  the 

disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950). 

(3) No person shall vote at a general election in more than one constituency of the same class, and if a 

person votes in more than one such constituency, his votes in all such constituencies shall be void. 

(4)  No  person  shall  at  any  election  vote  in  the  same  constituency  more  than  once,  notwithstanding 
that his name may have been registered in the electoral roll for that constituency more than once, and if he 
does so vote, all his votes in that constituency shall be void. 

(5)  No  person  shall  vote  at  any  election  if  he  is  confined  in  a  prison,  whether  under  a  sentence  of 

imprisonment or transportation or otherwise, or is in the lawful custody of the police: 

Provided  that  nothing  in  this  sub-section  shall  apply  to  a  person  subjected  to  preventive  detention 

under any law for the time being in force. 

1[Provided  further  that  by  reason  of  the  prohibition  to  vote  under  this  sub-section,  a  person  whose 

name has been entered in the electoral roll shall not cease to be an elector.] 

2[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to 

vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.] 

 63.  [Method  of  voting.]  Omitted  by  the  Representation  of  the  People  (Amendment)  Act,  1961                  

(40 of 1961), s. 14 (w.e.f. 20-9-1961). 

CHAPTER V.—Counting of Votes 

64. Counting of votes.—At every election where a poll is taken, votes shall be counted by or under 
the 3[supervision  and  direction]  of,  the  returning  officer,  and  each 4[contesting  candidate],  his  election 
agent and his 5[counting agents], shall have a right to be present at the time of counting. 

6[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(1) If at any time before 
the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the 
poll  are unlawfully  taken out of  the  custody  of the  returning  officer  or are  accidentally  or intentionally 
destroyed  or  lost  or  are  damaged  or  tampered  with,  to  such  an  extent  that  the  result  of  the  poll  at  that 
polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the 
Election Commission. 

(2) Thereupon, the Election Commission shall, after taking all material circumstances into account, 

either— 

(a)  direct  that  the  counting  of  votes  shall  be  stopped,  declare  the  poll  at  that  polling  station  or 
place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place 
and notify the date so appointed and hours so fixed in such manner as it may deem fit, or 

(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, 
affect the result of the election, issue such directions to the returning officer as it may deem proper for 
the  resumption  and  completion  of  the  counting  and  for  the  further  conduct  and  completion  of  the 
election in relation to which the votes have been counted. 

1. Ins. by Act 29 of 2013, s. 3 (w.e.f. 10-7-2013). 
2. Ins. by Act 24 of 2003, s. 4 (w.e.f. 22-9-2003). 
3. Subs. by Act 27 of 1956, s. 36, for “supervision” (w.e.f. 28-8-1956). 
4. Subs. by Act 58 of 1958, s. 26, for “candidate” (w.e.f. 30-12-1958). 
5. Subs. by Act 27 of 1956, s. 36, for “counting agent” (w.e.f. 28-8-1956). 
6. Ins. by Act 47 of 1966, s. 34 (w.e.f. 14-12-1966). 

34 

 
 
                                                           
(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such 

fresh poll as the apply to the original poll.] 

65. Equality of votes.—If, after the counting of the votes is completed, an equality of votes is found 
to exist between any candidates, and the addition of one vote will entitle any of those candidates to be 
declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed 
as if the candidate on whom the lot falls had received an additional vote. 

66.  Declaration  of  results.—When  the  counting  of  the  votes  has  been  completed,  the  returning 
officer  1[shall,  in  the  absence  of  any  direction  by  the  Election  Commission  to  the  contrary,  forthwith 
declare] the result of the election in the manner provided by this Act or the rules made thereunder. 

67. Report of the result.—As soon as may be after the result of an election has been declared, the 
returning officer shall report the result to the appropriate authority and the Election Commission, and in 
the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of 
that  House,  and  the  appropriate  authority  shall  cause  to  be  published  in  the  Official  Gazette  the 
declarations containing the names of the elected candidates. 

2[67A. Date of election of candidate.—For the purposes of this Act, the date on which candidate is 
declared  by  the  returning  officer  under  the  provisions  of  section  53, 3***, 4***,  or  section  66,  to  be 
elected to a House of Parliament or of the Legislature of a State 5*** shall be the date of election of that 
candidate.] 

CHAPTER VI.—Multiple Elections 

68. Vacation of seats when elected to both Houses of Parliament.—(1) Any person who is chosen 
a member of both the Houses of the People and the Council of States and who has not taken his seat in 
either  House  may,  by  notice  in  writing  signed  by  him  and  delivered  to  the  Secretary  to  the  Election 
Commission 6[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] 
in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish 
to serve shall become vacant. 

(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at 

the expiration of that period, become vacant. 

(3) Any intimation given under sub-section (1) shall be final and irrevocable. 

7[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a 
member if either House of Parliament shall be in the case of an elected member, the date of his election 
and  in  the  case  of  a  nominated  member,  the  date  of  first  publication  in  the  Gazette  of  India  of  his 
nomination.] 

69. Vacation of seats by persons already members of one House on election to other House of 
Parliament.—(1)  If  a  person  who  is  already  a  member  of  the  House  of  the  People  and  has  taken  his          
seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 
8[on the date on which he is so chosen], become vacant. 

(2)  If  a  person  who  is  already  a  member  of  the  Council  of  States  and  has  taken  his  seat  in                

such  Council  is  chosen  a  member  of  the  House  of  the  People,  his  seat  in  the  Council  of  States             
shall,  8[on the date on which he is so chosen], become vacant. 

1. Subs. by Act 47 of 1966, s. 35, for “shall forthwith declare” (w.e.f. 14-12-1966). 
2. Ins. by Act 27 of 1956, s. 37 (w.e.f. 28-8-1956). 
3. The word and figures “section 54” omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961). 
4. The word, figures and letter “section 55A” omitted by Act 58 of 1958, s. 27 (w.e.f. 30-12-1958). 
5. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 
6. Subs. by Act 27 of 1956, s. 38, for certain words (w.e.f. 28-8-1956). 
7. Ins. by s. 38, ibid. (w.e.f. 28-8-1956). 
8. Subs. by s. 39, ibid., for certain words (w.e.f. 28-8-1956). 

35 

 
                                                           
70.  Election  to  more  than  one  seat  in  either  House  of  Parliament  or  in  the  House  or  either 
House  of  the  Legislature  of  a  State.—If  a  person  is  elected to  more  than  one seat in  either  House  of 
Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed 
time he resigns all but one of the seats 1[by writing under his hand addressed to the Speaker or Chairman, 
as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become 
vacant. 

CHAPTER VII.—Publication of election Results and Nominations 

2[71.  Publication  of  results  of  elections  to  the  Council  of  States  and  of  names  of  persons 
nominated  by  the  President.—After  the  elections  held  in  any  year  in  pursuance  of  the  notifications 
issued  under  section  12,  there  shall  be  notified  by  the  appropriate  authority  in  the  Official  Gazette  the 
names of members elected by the elected members of the Legislative Assemblies of the Stales and by the 
members of the electoral colleges for the various 3[Union territories] at the said elections together with the 
names  of  any  persons  nominated  by  the  President  of  the  Council  of  States  under  sub-clause  (a)  of          
clause (1) of article 80 or under any other provisions. 

72. [Publication of results of elections for the reconstitution of electoral colleges for certain Union 

territories.] Omitted by the Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957). 

73.  Publication  of  results  of  general  elections  to  the  House  of  the  People  and  the  State 
Legislative Assemblies.—Where a general election is held for the purpose of constituting a new House of 
the People or a new State Legislative Assembly, there shall be notified by 4[the Election Commission] in 
the Official Gazette, as soon as may be after 5[the results of the elections in all the constituencies] [other 
than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) 
of section 30 or for which the time for completion of the election has been extended under the provisions 
of section 153] have been declared by the returning officer under the provisions of section 53 or, as the 
case may be, section 66, the names of the members elected for those constituencies]  6*** and upon the 
issue of such notification that House or Assembly shall be deemed to be duly constituted:— 

Provided that the issue of such notification shall not be deemed— 

7[(a) to preclude— 

(i) the taking of the poll and the completion of the election in any Parliamentary or Assembly 
constituency  or  constituencies  in  which  the  poll  could  not  be  taken  for  any  reason  on  the  date 
originally fixed under clause (d) of section 30; or 

(ii)  the  completion  of  the  election  in  any  Parliamentary  or  Assembly  constituency  or 

constituencies for which time has been extended under the provisions of section 153; or] 

(b) to affect the duration  of  the  House  of the  People or  the  State  Legislative  Assembly,  if  any, 

functioning immediately before the issue of the said notification. 

8[73A.  Special  provisions  as  to  certain  elections.—Notwithstanding  anything  contained  in        

section  73  or  in  any  other provision  of this  Act,  with  respect to the  general  election  for the  purpose  of 
constituting a New House of the People upon dissolution of the Ninth House of the People,— 

(a) the notification under section 73 may be issued without taking into account the Parliamentary 

constituencies in the State of Jammu and Kashmir*; and 

1.  Ins. by Act 27 of 1956, s. 40 (w.e.f. 28-8-1956). 
2.  Subs. by s. 41, ibid., for sections 71 to 75 (w.e.f. 28-8-1956). 
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States”. 
4. Subs. by Act 40 of 1961, s. 16, for “the appropriate authority” (w.e.f. 20-9-1961). 
5. Subs. by Act 10 of 1967, s. 2, for certain words (w.e.f. 11-4-1967). 
6. Certain words omitted by Act 40 of 1961, s. 16 (w.e.f. 20-9-1961). 
7. Subs. by Act 10 of 1967, s. 2, for clause (a) (w.e.f. 11-4-1967). 
8. Subs. by Act 31 of 1991, s. 2, for sections 73A and 73AA (w.e.f. 18-4-1991). 
*.  Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 

36 

 
                                                           
(b) the Election Commission may take the steps in relation to elections from the Parliamentary 
constituencies in the State of Jammu and Kashmir* separately and in such manner and on such date or 
dates as it may deem appropriate.] 

74. Publication of results of elections to the State Legislative Councils and of names of persons 
nominated to such Councils.—After the elections held  1[in pursuance of the notifications issued under 
section  15A  or]  in  any  year  in  pursuance  of  the  notifications  issued  under  section  16,  there  shall  be 
notified  by  the  appropriate  authority  in  the  Official  Gazette  the  names  of  the  members  elected  for  the 
various Council constituencies and by the members of the Legislative Assembly of the State at the said 
elections together with the names of any persons nominated by the Governor 2*** under sub-clause (e) of 
clause (3) of article 171.] 

3[CHAPTER VIIA.—DECLARATION OF ASSETS AND LIABILITIES 

75A. Declaration of assets and liabilities.—(1) Every elected candidate for a House of Parliament 
shall,  within  ninety  days  from  the  date  on  which  he  makes  and  subscribes  an  oath  or  affirmation, 
according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat 
in either House of Parliament, furnish the information, relating to— 

(i) the movable and immovable property of which he, his spouse and his dependant children are 

jointly or severally owners or beneficiaries; 

(ii) his liabilities to any public financial institution; and 

(iii)  his  liabilities  to  the  Central  Government  or  the  State  Government,  to  the  Chairman  of  the 

Council of States or the Speaker of the House of the People, as the case may be. 

(2) The information under sub-section (1) shall be furnished in such form and in such manner as may 

be prescribed in the rules made under sub-section (3). 

(3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may 

be, may make rules for the purposes of sub-section (2). 

(4)  The  rules  made  by  the  Chairman  of  the  Council  of  States  or  the  Speaker  of  the  House  of  the 
People, Under sub-section (3) shall be laid, as soon as may be after they are made, before the Council of 
States  or  the  House  of  the  People,  as  the  case  may  be,  for  a  total  period  of  thirty  days  which  may  be 
comprised in one session or in two or more successive sessions and shall take effect upon the expiry of 
the  said  period  of  thirty  days  unless  they  are  sooner  approved  with  or  without  modifications  or 
disapproved by the Council of States or the House of the People and where they are so approved, they 
shall take effect on such approval in the form in which they were laid or in such modified form, as the 
case may be, and where they are so disapproved, they shall be of no effect. 

(5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may 
be,  may  direct  that  any  wilful  contravention  of  the  rules  made  under  sub-section  (3)  by  an  elected 
candidate for a House of Parliament referred to in sub-section (1) may be dealt with in the same manner 
as a breach of privilege of the Council of States or the House of the People, as the case may be. 

Explanation.—For the purposes of this section,— 

(i) “immovable property” means the land and includes any building or other structure attached to 

the land or permanently fastened to anything which is attached to the land; 

(ii)  “movable  property”  means  any  other  property  which  is  not  the  immovable  property  and 

includes corporeal and incorporeal property of every description; 

1. Ins. by Act 37 of 1957, s. 13 (w.e.f. 18-9-1957). 
2. The words “or Rajpramukha, as the case may be” omitted by the Adaptation of Laws (No.2) Order. 1956. 
3. Ins. by Act 72 of 2002, s. 4 (w.e.f. 24-8-2002). 

37 

 
                                                           
(iii)  “public  financial  institution”  means  a  public  financial  institution  within  the  meaning  of 

section 4A of the Companies Act, 1956 (1 of 1956) and includes bank; 

(iv) “bank” referred to in clause (iii) means— 

(a)  State  Bank  of  India  constituted  under  section  3  of  the  State  Bank  of  India                       

Act, 1955 (23 of 1955); 

(b) subsidiary bank having the meaning assigned to it in clause (A) of section 2 of the State 

Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); 

(c)  Regional  Rural  Bank  established  under  section  3  of  the  Regional  Rural  Banks                

Act, 1976 (21 of 1976); 

(d) corresponding new bank having the meaning assigned to it in clause (da) of section 5 of 

the Banking Regulation Act, 1949 (10 of 1949); and 

(e)  co-operative  bank  having  the  meaning  assigned  to  it  in  clause  (cci)  of  section  5  of  the 

Banking  Regulation  Act,  1949  (10  of  1949)  as  modified  by  sub-clause  (i)  of  clause  (c)  of             
section 56 of that Act; and 

(v) “dependant children” means sons and daughters who have no separate means of earning and 

are wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood.] 

CHAPTER VIII.—Election Expenses 

1[76.  Application  of  Chapter.—This  Chapter  shall  apply  only  to the elections  to  the  House of the 

People and to the Legislative Assembly of a State.] 

77. Account of election expenses and maximum thereof.—(1) Every candidate at an election shall, 
either  by  himself  or  by  his  election  agent,  keep  a  separate  and  correct  account  of  all  expenditure  in 
connection with the election incurred or authorised by him or by his election agent between 2[the date on 
which he has been nominated] and the date of declaration of the result thereof, both dates inclusive. 

3[Explanation 1.—For the removal of doubts, it is hereby declared that— 

(a) the expenditure incurred by leaders of a political party on account of travel by air or by any 
other means of transport for propagating programme of the political party shall not be deemed to be 
the expenditure in connection with the election incurred or authorised by a candidate of that political 
party or his election agent for the purposes of this sub-section; 

(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other 
act or thing done by any person in the service of the Government and belonging to any of the classes 
mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as 
mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the 
election  incurred  or  authorised  by  a  candidate  or  by  his  election  agent  for  the  purposes  of  this            
sub-section. 

Explanation 2.—For the purposes of clause (a) of Explanation 1, the expression “leaders of a political 

party”, in respect of any election, means,— 

(i) where such political party is a recognised political party, such persons not exceeding forty in 

number, and 

1. Subs. by Act 27 of 1956, s. 42, for sections 76 to 78 (w.e.f. 28-8-1956). 
2. Subs. by Act 40 of 1975, s. 6, for certain words (w.e.f. 6-8-1975). 
3. Subs. by Act 46 of 2003, s. 4, for the Explanation (w.e.f. 11-9-2003). 

38 

 
 
 
                                                           
 
(ii)  where  such  political  party  is  other  than  a  recognised  political  party,  such  persons  not 

exceeding twenty in number, 

whose names have been communicated to the Election Commission and the Chief Electoral Officers of 
the States by the political party to be leaders for the purposes of such election, within a period of seven 
days  from  the  date  of  the  notification  for  such  election  published  in  the  Gazette  of  India  or  Official 
Gazette of the State, as the case may be, under this Act: 

Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as 
the  case  may  be,  in  clause  (ii)  dies  or  ceases  to  be  a  member  of  such  political  party,  by  further 
communication to the Election Commission and the Chief Electoral Officers of the States, substitute new 
name, during the period ending immediately before forty-eight hours ending with the hour fixed for the 
conclusion of the last poll for such election, for the name of such person died or ceased to be a member, 
for the purposes of designating the new leader in his place.] 

(2) The account shall contain such particular, as may be prescribed. 

(3) The total of the said expenditure shall not exceed such amount as may be prescribed. 

78. Lodging of account with the district election officer.—1[(1)] Every contesting candidate at an 
election shall, within thirty days from the date of election of the returned candidate or, if there are more 
than one returned candidate at the election and the dates’ of their election are different, the later of those 
two dates, lodge with the  2[district election officer] an account of his election expenses which shall be a 
true copy of the account kept by him or by his election agent under section 77.] 

3*                                  *                                      *                                 *                                 * 

4[PART VA 

FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES 

78A. Free supply of copies of electoral rolls.—(1) The Government shall, at any election to be held 
for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply, 
free of cost, to the candidates of recognsied political parties such number of copies of the electoral roll, as 
finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material 
as may be prescribed. 

(2) The material referred to in sub-section (1) shall be supplied,— 

(i) subject to such conditions as may be imposed by the Central Government in consultation with 
the  Election  Commission with respect to the  reduction  of  the  maximum  expenditure  which  may  be 
incurred by the candidate under section 77; and 

(ii)  through  such  officers  as  may  be  specified  by  the  Election  Commission  who  shall  act  in 

accordance with such general or special directions as may be given by the Election Commission. 

78B. Supply of certain items to candidates, etc.—(1) The Election Commission shall, at any time 
between the date of publication of the notification calling the election for the purposes of constituting the 
House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, 
supply  or  cause  to  be  supplied,  such  items  as  the  Central  Government  may,  by  order,  determine  in 
consultation  with  the  Election  Commission,  to  the  electors  in  the  constituencies  concerned  or  to  the 
candidates set up by the recognised political parties. 

(2)  Where  the  Election  Commission  supplies  the  items  to  the  candidates  under  sub-section  (1),  the 
Central Government may, in consultation with the Election Commission, impose conditions with respect 
to the reduction of the maximum expenditure which may be incurred by the candidate under section 77. 

1. Section 78 re-numbered as sub-section (1) of that section by Act 47 of 1966, s. 36 (w.e.f. 14-12-1966). 
2. Subs. by s. 36, ibid., for “returning officer” (w.e.f. 14-12-1966). 
3. Omitted by Act 2 of 2004, s. 36 (w.e.f. 29-10-2003). 
4. Ins. by Act 46 of 2003, s. 5 (w.e.f. 11-9-2003). 

39 

 
                                                           
Explanation.—For  the  purposes  of  section  39A,  this  Chapter  and  clause  (hh)  of  sub-section  (2)  of 
section  169,  the  expression  “recognised  political  party”,  has  the  meaning  assigned  to  it  in  the  Election 
Symbols (Reservation and Allotment) Order, 1968.] 

PART VI 
DISPUTES REGARDING ELECTIONS 
CHAPTER I.—Interpretation 

79. Definitions.—In this Part and in 1[Part VII] unless the context otherwise requires,— 

2[(a)  any  reference  to  a  High  Court  or  to  the  Chief  Justice  or  Judge  of  a  High  Court  shall,  in 
relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference 
to  the  said  Court  of  the  Judicial  Commissioner  or  to  the  Judicial  Commissioner  or  any  Additional 
Judicial Commissioner, as the case may be;] 

3[(b)  “candidate”  means  a  person  who  has  been  or  claims  to  have  been  duly  nominated  as  a 

candidate at any election;] 

(c)”costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition; 

(d) “electoral right” means the right of a person to stand or not to stand as, or 4[to withdraw or not 

to withdraw] from being, a candidate, or to vote or refrain from voting at an election; 

5[(e) “High Court” means the High Court within the local limits of whose jurisdiction the election 

to which the election petition relates has been held;] 

(f) “returned candidate” means a candidate whose name has been published under section 67 as 

duly elected. 

CHAPTER II.—PRESENTATION OF ELECTION PETITIONS TO ELECTION COMMISSION 

80.  Election  petitions.—No  election  shall  be  called  in  question  except  by  an  election  petition 

presented in accordance with the provisions of this Part. 

6[80A.  High  Court  to try election  petitions.—(1) The  Court  having jurisdiction  to  try  an  election 

petition shall be the High Court. 

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief 

Justice, shall, from time to time, assign one or more Judges for that purpose: 

Provided  that  where  the  High  Court  consists  only  of  one  Judge,  he  shall  try  all  election  petitions 

presented to that Court. 

(3)  The  High  Court  in  its  discretion  may,  in  the  interests  of  justice  or  convenience,  try  an  election 

petition, wholly or partly, at a place other than the place of seat of the High Court.] 

81.  Presentation  of  petitions.—(1)  An  election  petition  calling  in  question  any  election  may  be 
presented on one or more of the grounds specified in 7[sub-section (1)] of section 100 and section 101 to 
the 8[High Court] by any candidate at such election or any elector  9[within forty-five days from, but not 
earlier than the date of election of the returned candidate or if there are more than one returned candidate 
at the election and dates of their election are different, the later of those two dates]. 

1. Subs. by Act 47 of 1966, s. 37, for “Parts VII and VIII” (w.e.f. 14-12-1966). 
2. Ins. by s. 37, ibid. (w.e.f. 14-12-1966). 
3. Subs. by Act 40 of 1975, s. 7, for clause (b) (w.e.f. 6-8-1975). 
4. Subs. by Act 47 of 1966, s. 37, for “to withdraw” (w.e.f. 14-12-1966). 
5. Subs. by s. 37, ibid., for clause (e) (w.e.f. 14-12-1966). 
6. Ins. by s. 38, ibid. (w.e.f. 14-12-1966). 
7. Subs. by Act 27 of 1956, s. 44, for “sub-sections (1) and (2)” (w.e.f. 28-8-1956). 
8. Subs. by Act 47 of 1966, s. 39, for “Election Commission” (w.e.f. 14-12-1966). 
9. Subs. by Act 27 of 1956, s. 44, for certain words (w.e.f. 28-8-1956). 

40 

 
 
 
 
                                                           
Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election to 

which the election petition relates, whether he has voted at such election or not. 

1*                               *                                      *                                     *                                 * 

2[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents 
mentioned  in  the  petition  3***  and  every  such  copy  shall  be  attested  by  the  petitioner  under  his  own 
signature to be a true copy of the petition.] 

4[82. Parties to the petition.—A petitioner shall join as respondents to his petition— 

(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the 
returned  candidates  is  void,  claims  a  further  declaration  that  he  himself  or  any  other  candidate  has 
been duly elected, all the contesting candidates other than the petitioner, and where no such further 
declaration is claimed, all the returned candidates; and 

(b) any other candidate against whom allegations of any corrupt practice are made in the petition.] 

5[83. Contents of petition.— 

(1) An election petition— 

(a) shall contain a concise statement of the material facts on which the petitioner relies; 

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including 
as full a statement as possible of the names of the parties alleged to have committed such corrupt 
practice and the date and place of the commission of each such practice; and 

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil 

Procedure, 1908 (5 of 1908) for the verification of pleadings: 

6[Provided  that  where  the  petitioner  alleges  any  corrupt  practice,  the  petition  shall  also  be 
accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice 
and the particulars thereof.] 

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the 

same manner as the petition]. 

7[84.  Relief  that  may  be  claimed  by  the  petitioner.—A  petitioner  may,  in  addition  to  claiming  a 
declaration that the election of all or any of the returned candidates is void, claim a further declaration 
that he himself or any other candidate has been duly elected.] 

85.  [Procedure  on  receiving  petition.]  Omitted  by  Representation  of  the  People  (Amendment)          

Act, 1966 (47 of 1966), s. 40 (w.e.f. 14-12-1966). 

CHAPTER III.—Trial of Election Petitions 

8[86. Trial of election petitions.—(1) The High Court shall dismiss an election petition which does 

not comply with the provisions of section 81 or section 82 or section 117. 

Explanation.—An order of the High Court dismissing an election petition under this sub-section shall 

be deemed to be an order made under clause (a) of section 98. 

(2)  As  soon  as  may  be  after  an  election  petition  has  been  presented  to  the  High  Court,  it  shall  be 
referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial 
of election petitions under sub-section (2) of section 80A. 

1. Omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). 
2. Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961). 
3. Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). 
4. Subs. by Act 27 of 1956, s. 45, for section 82 (w.e.f. 28-8-1956). 
5. Subs. by s. 46, ibid., for section 83 (w.e.f. 28-8-1956). 
6. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961). 
7. Subs. by Act 27 of 1956, s. 47, for section 84 (w.e.f. 28-8-1956). 
8.  Subs. by Act 47 of 1966, s. 41, for sections 86 to 92 (w.e.f. 14-12-1966). 

41 

 
                                                           
(3)  Where  more  election  petitions  than  one  are  presented  to  the  High  Court  in  respect  of  the  same 
election,  all  of  them  shall  be  referred  for  trial  to  the  same  Judge  who  may,  in  his  discretion,  try  them 
separately or in one or more groups. 

(4) Any candidate not already a respondent shall, upon application made by him to the High Court 
within fourteen days from the date of commencement of the trial and subject to any order as to security 
for costs which may be made by the High Court, be entitled to be joined as a respondent. 

Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be 
deemed to commence on the date fixed for the respondents to appear before the High Court and answer 
the claim or claims made in the petition. 

(5)  The  High  Court  may,  upon  such  terms  as  to  costs  and  otherwise  as  it  may  deem  fit,  allow  the 
particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as 
may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow 
any amendment of the petition which will have the effect of introducing particulars of a corrupt practice 
not previously alleged in the petition. 

(6)  The  trial  of  an  election  petition  shall,  so  far  as  is  practicable  consistently  with  the  interests  of 
justice  in  respect  of  the  trial,  be  continued  from  day  to  day  until its  conclusion,  unless the  High  Court 
finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. 

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to 
conclude the trial within six months from the date on which the election petition is presented to the High 
Court for trial. 

87. Procedure before the High Court.—(1) Subject to the provisions of this Act and of any rules 
made  thereunder,  every  election  petition  shall  be  tried  by  the  High  Court,  as  nearly  as  may  be,  in 
accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial 
of suits: 

Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, 
to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is 
not material for the decision of the petition or that the party tendering such witness or witnesses is doing 
so on frivolous grounds or with a view to delay the proceedings. 

(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of 

this Act, be deemed to apply in all respects to the trial of an election petition.] 

93.  Documentary  evidence.—Notwithstanding  anything  in  any  enactment  to  the  contrary,  no 
document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not 
duly stamped or registered. 

94. Secrecy of voting not to be infringed.—No witness or other person shall be required to state for 

whom he has voted at an election: 

1[Provided  that  this  section  shall  not  apply  to  such  witness  or  other  person  where  he  has  voted  by 

open ballot.]  

95.  Answering  of  criminating  questions  and  certificate  of  indemnity.—(1)  No  witness  shall  be 
excused  from  answering  any  question  as  to  any  matter  relevant  to  a  matter  in  issue  in  the  trial  of  an 
election petition upon the ground that the answer to such question may criminate or may tend to criminate 
him, or that it may expose or may tend to expose him to any penalty or forfeiture: 

Provided that— 

(a) a witness, who answers truly all questions which he is required to answer shall be entitled to 

receive a certificate of indemnity from 2[the High Court]; and 

1. Ins. by Act 40 of 2003, s. 4 (w.e.f. 11-9-2003). 
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 

42 

 
                                                           
 
(b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except 
in  the  case  of  any  criminal  proceeding  for  perjury  in  respect  of  the  evidence,  be  admissible  in 
evidence against in any civil or criminal proceeding. 

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any 
Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian 
Penal Code (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates, 
but it shall not be deemed to relieve him from any disqualification in connection with an election imposed 
by this Act or any other law. 

96.  Expenses  of  witnesses.—The  reasonable  expenses  incurred  by  any  person  in  attending  to  give 
evidence  may  be  allowed  by  2[the  High  Court]  to  such  person  and  shall,  unless  2[the  High  Court] 
otherwise directs, be deemed to be part of the costs. 

97.  Recrimination  when  seal  claimed.—(1)  When  in  an  election  petition  a  declaration  that  any 
candidate  other than the  returned  candidate  has  been duly  elected is  claimed,  the  returned  candidate  or 
any other party may give evidence to prove that the election of such candidate would have been void if he 
had been the returned candidate and a petition had been presented calling in question his election: 

Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such 
evidence unless he has, within fourteen days from the date of 3[commencement of the trial], given notice 
to  2[the  High  Court]  of  his  intention  to  do  so  and  has  also  given  the  security  and  the  further  security 
referred to in sections 117 and 118 respectively. 

(2)  Every  notice  referred  to  in  sub-section  (1)  shall  be  accompanied  by  the  statement  and  4*** 
particulars required by section 83 in the case of an election petition and shall be signed and verified in 
like manner.  

98.  Decision  of  the  High  Court.—At  the  conclusion  of  the  trial  of  an  election  petition  2[the  High 

Court] shall make an order— 

(a) dismissing the election petition; or 

(b) declaring the election of 5[all or any of the returned candidates] to be void; or  

(c) declaring the election of 5[all or any of the returned candidates] to be void and the petitioner or 

any other candidate to have been duly elected. 6***  

7*                                  *                                   *                                 *                                * 

99.  Other  orders  to  be  made  by  the  High  Court.—(1)  At  the  time  of  making  an  order  under     

section 98 2[the High Court] shall also make an order— 

8[(a) where any charge is made in the petition of any corrupt practice having been committed at 

the election, recording— 

(i) finding whether any corrupt practice has or has not been proved to have  been committed 

9*** at election, and the nature of that corrupt practice; and 

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of 

any corrupt practice and the nature of that practice; and] 

(b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall 

be paid: 

1. Ins. by Act 40 of 2003, s. 4 (w.e.f. 11-9-2003). 
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 
3. Subs. by Act 27 of 1956, s. 52, for “the publication of the election petition under section 90” (w.e.f. 28-8-1956).  
4. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).  
5. Subs. by s. 53, ibid., for “the returned candidate” (w.e.f. 28-8-1956).  
6. The word “or” omitted by s. 53, ibid. (w.e.f. 28-8-1956).  
7. Omitted by s. 53, ibid. (w.e.f. 28-8-1956). 
8. Subs. by s. 54, ibid., for clause (a) (w.e.f. 28-8-1956).  
9. Certain words omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958). 

43 

 
                                                           
 
Provided  that  1[a  person  who  is  not  a  party  to  the  petition  shall  not  be  named]  in  the  order  under        

sub-clause (ii) of clause (a) unless— 

(a) he has been given notice to appear before 2[the High Court] and to show cause why he should 

not be so named; and 

(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining 
any witness who has already been examined by 2[the High Court] and has given evidence against him, 
of calling evidence in his defence and of being heard. 
3[(2)  In  this  section  and  in  section  100,  the  expression  “agent”  has  the  same  meaning  as  in            

section 123.]  

100. Grounds for declaring election to be void.—4[(1) Subject to the provisions of sub-section (2) if 

2[the High court] is of opinion— 

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to 
be chosen to fill the seat under the Constitution or this Act 5[or the Government of Union Territories 
Act, 1963 (20 of 1963)]; or 

(b) that any corrupt practice has been committed by a returned candidate or his election agent or 

by any other person with the consent of a returned candidate or his election agent; or 

(c) that any nomination has been improperly rejected; or 

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially 

affected— 

(i) by the improper acceptance or any nomination, or 
(ii) by any corrupt practice committed in the interests of the returned candidate 6[by an agent 

other than his election agent], or 

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote 

which is void, or 

(iv) by any non-compliance with the provisions of the Constitution or of this Act or of any 

rules or orders made under this Act, 

2[the High Court] shall declare the election of the returned candidate to be void.]  

7[(2)] If in the opinion of  2[the High Court], a returned candidate has been guilty by an  agent, other 

than his election agent, of any corrupt practice 8*** but 2[the High Court] is satisfied— 

(a) that no such corrupt practice was committed at the election by the candidate or his election 
agent,  and  every  such  corrupt  practice  was  committed  contrary  to  the  orders,  and  9[without  the 
consent], of the candidate or his election agent;  

10*                               *                                    *                                  *                                  *  
(c)  that  the  candidate  and  his  election  agent  took  all  reasonable  means  for  preventing  the 

commission of corrupt 11*** practices at the election; and 

(d) that in all other respects the election was free from any corrupt  11*** practice on the part of 

the candidate or any of his agents, 

then 2[the High Court] may decide that the election of the returned candidate is not void.  

1. Subs. by Act 27 of 1956, s. 54, for “no person shall be named” (w.e.f. 28-8-1956).  
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 
3. Subs. by Act 27 of 1956, s. 54, for sub-section (2) (w.e.f. 28-8-1956).  
4. Subs. by s. 55, ibid., for sub-sections (1) and (2) (w.e.f. 28-8-1956).  
5. Ins. by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963). 
6. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958). 
7. Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).   
8. The words and figures “specified in section 123” omitted by s. 55, ibid. (w.e.f. 28-8-1956).   
9. Subs. by s. 55, ibid., for “without the sanction or connivance” (w.e.f. 28-8-1956).   
10. Omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958). 
11. The words “or illegal” omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).   

44 

 
                                                           
101. Grounds for which a candidate other than the returned candidate may be declared to have 
been elected.—If any person who has lodged a petition has, in addition to calling in question the election 
of  the  returned  candidate,  claimed  a  declaration  that  he  himself  or  any  other  candidate  has  been  duly 
elected and 1[the High Court] is of opinion— 

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or 

(b)  that  but  for  the  votes  obtained  by  the  returned  candidate  by  corrupt  2***  practices  the 

petitioner or such other candidate would have obtained a majority of the valid voles,  

1[the  High  Court]  shall,  after  declaring  the  election  of  the  returned  candidate  to  be  void  declare  the 
petitioner or such other candidate, as the case may be, to have been duly elected.  

102. Procedure in case of an equality of votes.—If during the trial of an election petition it appears 
that there is  an  equality  of  votes  between  any  candidates  at the  election and  that the  addition  of  a  vote 
would entitle any of those candidates— 

(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it 
determines the question between those candidates, be effective also for the purposes of the petition; 
and 

(b) in so far as that question is not determined by such a decision  1[the High court] shall decide 
between them by lot and proceed as if the one on whom the lot then falls had received an additional 
vote. 

3[103.  Communication  of  orders  of  the  High  Court.—The  High  Court  shall,  as  soon  as  may  be 
after  the  conclusion  of  the  trial  of  an  election  petition,  intimate  the  substance  of  the  decision  to  the 
Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of 
the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission 
an authenticated copy of the decision.] 

104. [Difference of opinion  among the members of the Tribunal.] Omitted by the Representation of 

the People (Second Amendment) Act, 1956 (27 of 1956), s. 57 (w.e.f. 28-8-1956).   

105. [Orders of the Tribunal to be final and conclusive.] Omitted by s. 58, ibid. (w.e.f. 28-8-1956).   

106. Transmission of order to the appropriate authority, etc., and its publication.—As soon as 
may  be  after  the  receipt  of  any  order  made  by  1[the  High  Court]  under  section  98  or  section  99,  the 
Election Commission shall forward copies of the order to the appropriate authority and, in the case where 
such order relates to an election 4*** to a House of Parliament or to an election to the House or a House 
of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned 
and 5[shall cause the order to be published— 

(a) where the order relates to an election to a House of Parliament, in the Gazette of India as well 

as in the Official Gazette of the State concerned; and 

(b) where the order relates to an election to the House or a House of the Legislature of the State, 

in the Official Gazette of the State.] 

6[107. Effect of orders of the High Court.—7[(1) Subject to the provisions contained in Chapter IV 
A relating to the stay of operation of an order of the High Court under section 98 or section 99, every such 
order shall take effect as soon as it is pronounced by the High Court.] 

1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966). 
2. The words “or illegal” omitted by Act 27 of 1956, s. 56 (w.e.f. 28-8-1956).   
3. Subs. by Act 47 of 1966, s. 43, for s. 103 (w.e.f. 14-12-1966). 
4. The brackets and words “(other than a primary election)” omitted by Act 27 of 1956, s. 59 (w.e.f. 28-8-1956).   
5. Subs. by s. 59, ibid., for certain words (w.e.f. 28-8-1956).   
6. Subs. by Act 47 of 1966, s. 60, for section 107 (w.e.f. 14-12-1966). 
7. Subs. by s. 44, ibid., for sub-section (1) (w.e.f. 14-12-1966). 

45 

 
                                                           
(2) Where by an order under section 98 the election of a returned candidate is declared to be void, 
acts  and  proceedings  in  which  that  returned  candidate  has,  before  the  date  thereof,  participated  as  a 
member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of 
that  order,  nor  shall  such  candidate  be  subjected  to  any  liability  or  penalty  on  the  ground  of  such 
participation.] 

CHAPTER IV.—Withdrawal and Abatement of Election Petitions 

108. [Withdrawal of petitions before appointment of Tribunal.] Omitted by the Representation of the 

People (Amendment) Act, 1966 (47 of 1966), s. 45 (w.e.f. 14-12-1966).   

1[109. Withdrawal of election petitions.—(1) An election petition may be withdrawn only by leave 

of the High Court. 

(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for 
the hearing of the application shall be given to all other parties to the petition and shall be published in the 
Official Gazette. 

110. Procedure for withdrawal of election petitions.—(1) If there are more petitioners than one, no 

application to withdraw an election petition shall be made except with the consent of all the petitioners. 

(2)  No  application  for  withdrawal  shall  be  granted  if,  in  the  opinion  of  the  High  Court,  such 

application has been induced by any bargain or consideration which ought not to be allowed. 

(3) If the application is granted— 

(a)  the  petitioner  shall  be  ordered  to  pay  the  costs  of  the  respondents  theretofore  incurred  or 

such portion thereof as the High Court may think fit; 

(b)  the High Court  shall  direct  that  the  notice  of  withdrawal  shall  be  published  in  the 
Official Gazette  and  in  such  other  manner  as  it  may  specify  and  thereupon  the  notice  shall  be 
published accordingly; 

(c)  a  person  who  might  himself  have  been  a  petitioner  may,  within  fourteen  days  of 
such publication,  apply  to  be  substituted  as  petitioner  in  place  of  the  party  withdrawing,  and  upon 
compliance  with  the  conditions,  if  any,  as  to  security,  shall  be  entitled  to  be  so  substituted  and  to 
continue the proceedings upon such terms as the High Court may deem fit.] 

111. Report of withdrawal by the High Court to the Election Commission.—When an application 
for  withdrawal  is  granted  by  2[the  High  Court]  and  no  person  has  been  substituted  as  petitioner  under 
clause  (c)  of  sub-section  (3)  of  section  110,  in  place  of  the  party  withdrawing,  2[the  High  Court]  shall 
report  the  fact  to  the  Election  Commission  3[and  thereupon  the  Election  Commission  shall  publish  the 
report in the Official Gazette]. 

4[112. Abatement of election petitions.—(1) An election petition shall abate only on the death of a 

sole petitioner or of the survivor of several petitioners. 

(2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be 

published in such manner as it may deem fit. 

(3)  Any  person  who  might  himself  have  been  a  petitioner  may,  within  fourteen  days  of  such 
publication,  apply  to  be  substituted  as  petitioner  and  upon  compliance  with  the  conditions  if  any,  as 
security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High 
Court may deem fit.] 

1. Subs. by Act 47 of 1966, s. 46, for section 109 and 110 (w.e.f. 14-12-1966). 
2. Subs. by s. 47, ibid., for “the Tribunal” (w.e.f. 14-12-1966). 
3. Ins. by Act 27 of 1956, s. 61 (w.e.f. 28-8-1956).   
4. Subs. by Act 47 of 1966, s. 48, for sections 112 to 115 (w.e.f. 14-12-1966). 

46 

 
 
 
                                                           
116. Abatement or substitution on death of respondent.—If before the conclusion of the trial of an 
election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or 
any  of  the  respondents  dies  or  gives  such  notice  and  there  is  no  other  respondent  who  is  opposing  the 
petition,  1[the High Court] shall cause notice of such event to be published in the Official Gazette, and 
thereupon any person who might have been a petitioner may, within fourteen days of such publication, 
apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue 
the proceedings upon such terms as 1[the High Court] may think fit. 

2[CHAPTER IVA.—APPEALS 

3[116A. Appeals to Supreme Court.—(1) Notwithstanding anything contained in any other law for 
the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) 
from every order made by a High Court under section 98 or section 99. 

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of 

the order of the High Court under section 98 or section 99: 

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty 
days  if  it  is  satisfied  that  the  appellant  had  sufficient  cause  for  not  preferring  the  appeal  within  such 
period. 

116B.  Stay  of  operation  of  order  of  High  Court.—(1)  An  application  may  be  made  to  the  High 
Court for stay of operation of an order made by the High Court under section 98 or section 99 before the 
expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being 
shown  and  on  such  terms  and  conditions  as  it  may  think  fit,  stay  the  operation  of  the  order;  but  no 
application for stay shall be made to the High Court after an appeal has been preferred to the Supreme 
Court. 

(2)  Where  an  appeal  has  been  preferred  against  an  order  made  under  section  98  or  section  99,  the 
Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think 
fit, stay the operation of the order appealed from. 

(3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme 
Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a 
copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme 
Court,  to  the  Election  Commission  and  the  Speaker  or  Chairman,  as  the  case  may  be,  of  the  House  of 
Parliament or of the State Legislature concerned. 

116C. Procedure in appeal.—(1) Subject to the provisions of this Act and of the rules, if any, made 
thereunder,  every  appeal  shall  be  heard  and  determined  by  the  Supreme  Court  as  nearly  as  may  be  in 
accordance  with  the  procedure applicable to the  hearing  and  determination of an  appeal  from  any  final 
order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the 
Code  of  Civil  Procedure, 1908  (5  of  1908), and the Rules  of  the  Court, (including  provisions  as  to  the 
furnishing  of  security  and  the  execution  of  any  order  of  the  Court)  shall,  so  far  as  may  be,  apply  in 
relation to such appeal. 

(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to 
the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or 
of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission 
an authenticated copy of the decision; and upon its receipt, the Election Commission shall— 

(a) forward copies thereof to the authorities to which copies of the order of the High Court were 

forwarded under section 160; and 

1. Subs. by Act 47 of 1966, s. 49, for “the Tribunal” (w.e.f. 14-12-1966). 
2. Ins. by Act 27 of 1956, s. 62 (w.e.f. 28-8-1956).  
3. Subs. by Act 47 of 1966, s. 50, for sections 166A and 116B (w.e.f. 14-12-1966). 

47 

 
 
 
                                                           
(b)  cause  the  decision  to  be  published  in  the  Gazette  or  Gazettes  in  which  that  order  was 

published under the said section.]] 

CHAPTER V.—Costs and Security for Costs 

1[117.  Security  for  costs.—(1)  at  the  time  of  presenting  an  election  petition,  the  petitioner  shall 
deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as 
security for the costs of the petition. 

(2) During the course of the trial of an election petition, the High Court may, at anytime call upon the 

petitioner to give such further security for costs as it may direct. 

118. Security for costs from a respondent.—No person shall be entitled to be joined as a respondent 
under  sub-section  (4)  of  section  86  unless  he  has  given  such  security  for  costs  as  the  High  Court  may 
direct. 

119. Costs.—Costs shall be in the discretion of the High Court: 

Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall 
be entitled to the costs incurred by him in contesting the petition and accordingly the High Court  shall 
make an order for costs in favour of the returned candidate.] 

121. Payment of costs out of security deposits and return of such deposits.—(1) If in any order as 
to  costs  under  the  provisions  of  this  Part  there  is  a  direction  for  payment  of  costs  by  any  party  to  any 
person, such costs shall, if they have not been already paid, be paid in full, or so far as possible out of the 
security  deposit  and  the  further  security  deposit,  if  any,  made  by  such  party  under  this  part  on  an 
application made in writing in that behalf  2[within a period of one year, from the date of such order] to 
3[the High Court] by the person in whose favour the costs have been awarded. 

(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) 
of  the  costs  referred  to  in  that  sub-section,  such  balance,  or  where  no  costs  have  been  awarded  or  no 
application as aforesaid has been made within the said period of 4[one year] the whole of the said security 
deposits  may,  on  an  application  made  in  that  behalf  in  writing  to  3[the  High  Court]  by  the  person  by 
whom  the  deposits  have  been  made  or  if  such  person  dies  after  making  such  deposits  by  the  legal 
representative of such person, be returned to the said person or to his legal representative, as the case may 
be. 

122. Execution of orders as to costs.—Any order as to costs under the provisions of this part may be 
produced  before  the  principal  civil  court  of  original  jurisdiction  within  the  local  limits  of  whose 
jurisdiction  any  person  directed  by  such  order  to  pay  any  sum  of  money  has  a  place  of  residence  or 
business,  or  where  such  place  is  within  a  presidency-town,  before  the  court  of  small  causes  having 
jurisdiction there, and  such  court  shall  execute  the  order  or  cause the  same  to  be  executed  in the same 
manner and by the same procedure as if it were a decree for the payment of money made by itself in a 
suit: 

Provided that where any such costs or any portion thereof may be recovered by an application made 
under sub-section (1) of section 121, no application shall lie under this section  5[within a period of one 
year from the date of such order] unless it is for the recovery of the balance of any costs which has been 
left unrealised after an application has been made under that sub-section owing to the insufficiency of the 
amount of the security deposits referred to in that sub-section. 

1. Subs. by Act 47 of 1966, s. 51, for sections 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966). 
2. Subs. by Act 58 of 1958, s. 34, for certain words (w.e.f. 30-12-1958). 
3. Subs. by Act 47 of 1966, s. 52, for “the Election Commission” (w.e.f. 14-12-1966). 
4. Subs. by act 58 of 1958, s. 34, for “six months” (w.e.f. 30-12-1958). 
5. Subs. by s. 35, ibid., for certain words (w.e.f. 30-12-1958). 

48 

 
 
 
                                                           
PART VII 
1[CORRUPT PRACTICES AND ELECTORAL OFFENCES] 
2[CHAPTER I.—CORRUPT PRACTICES 

123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of 

this Act:— 

3[(1) “Bribery” that is to say— 

(A)  any  gift,  offer  or  promise  by  a  candidate  or  his  agent  or  by  any  other  person  with  the 
consent of a candidate or his election agent of any gratification, to any person whomsoever, with 
the object, directly or indirectly of inducing— 

(a) a person to stand or not to stand as, or 4[to withdraw or not to withdraw] from being a 

candidate at an election, or 

(b) an elector to vote or refrain from voting at an election, or as a reward to— 

(i) a person for having so stood or not stood, or for 5[having withdrawn or not having 

withdrawn] his candidature; or 

(ii) an elector for having voted or refrained from voting; 

(B)  the  receipt  of,  or  agreement  to  receive,  any  gratification,  whether  as  a  motive  or  a 

reward— 

(a) by a person for standing or not standing as, or for 6[withdrawing or not withdrawing] 

from being, a candidate; or 

(b)  by  any  person  whomsoever  for himself  or any  other  person  for  voting  or  refraining 
from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or 
any candidate 3[to withdraw or not to withdraw] his candidature. 

Explanation.—For  the  purposes  of  this  clause  the  term  “gratification”  is  not  restricted  to 
pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment 
and  all  forms  of  employment  for  reward  but  it  does  not  include  the  payment  of  any  expenses          
bona fide incurred at, or for the purpose of, any election and duly entered in the account of election 
expenses referred to in section 78.] 

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the 
part of the candidate or his agent, or of any other person  7[with the consent of the candidate or his 
election agent], with the free exercise of any electoral right: 

Provided that— 

(a) without prejudice to the generality of the provisions of this clause any such person as is 

referred to therein who— 

(i)  thereatens  any  candidate  or  any  elector,  or  any  person  in  whom  a  candidate  or  an 
elector is interested, with injury of any kind including social ostracism and ex-communication 
or expulsion from any caste or community; or 

(ii)  induces  or  attempts  to  induce  a  candidate  or  an  elector  to  believe  that  he,  or  any 
person  in  whom  he  is  interested,  will  become  or  will  be  rendered  an  object  of  divine 
displeasure or spiritual censure, 

1. Subs. by Act 27 of 1956, s. 65, for the heading “CORRUPT AND ILLEGAL PRACTICES AND ELECTROAL OFFENCES”       

(w.e.f. 28-8-1956).  

2. Subs. by s. 66, ibid., for the heading Chapter I and II (w.e.f. 28-8-1956).  
3. Subs. by Act 58 of 1958, s. 36, for clause (1) (w.e.f. 30-12-1958). 
4. Subs. by Act 47 of 1966, s. 53, for “to withdraw” (w.e.f. 14-12-1966). 
5. Subs. by s. 53, ibid., for “having withdrawn” (w.e.f. 14-12-1966). 
6. Subs. by s. 53, ibid., for “withdrawing” (w.e.f. 14-12-1966). 
7. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 

49 

 
                                                           
shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within 
the meaning of this clause; 

(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal 
right without intent to interfere with an electoral right, shall not be deemed to be interference within 
the meaning of this clause. 

1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or 
his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, 
community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national 
symbols,  such  as  the  national  flag  or  the  national  emblem,  for  the  furtherance  of  the  prospects  of  the 
election of that candidate or for prejudicially affecting the election of any candidate: 

2[Provided  that  no  symbol  allotted  under  this  Act  to  a  candidate  shall  be  deemed  to  be  a  religious 

symbol or a national symbol for the purposes of this clause.] 

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes 
of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his 
agent or any other person with the consent of a candidate or his election agent for the furtherance of the 
prospects of the election of that candidate or for prejudicially affecting the election of any candidate.] 

3[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or 
his agent or any other person with the consent of the candidate or his election agent for the furtherance of 
the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. 

Explanation.—For  the  purposes  of  this  clause,  “sati”  and  “glorification”  in  relation  to  sati  shall       

the  meanings  respectively  assigned 

have 
Act, 1987 (3 of 1988)]. 

to 

them 

in 

the  Commission  of  Sati  (Prevention)                       

(4)  The  publication  by  a  candidate  or  his  agent  or  by  any  other  person  4[with  the  consent  of  a 
candidate or his election agent], of any statement of fact which is false, and which he either believes to be 
false or does not believe to be true, in relation to the personal character or conduct of any candidate or in 
relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated 
to prejudice the prospects of that candidate’s election. 

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate 
or his agent or by any other person 4[with the consent of a candidate or his election agent] 6[or the use of 
such  vehicle  or  vessel  for  the  free  conveyance]  of  any  elector  (other  than  the  candidate  himself  the 
members of his family or his agent) to or from any polling station provided under section 25 or  a place 
fixed under sub-section (1) of section 29 for the poll: 

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs 
for the pupose of conveying him or them to and from any such polling station or place fixed for the poll 
shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle 
or vessel not propelled by mechanical power: 

Provided  further  that  the  use  of  any  public  transport  vehicle  or  vessel  or  any  tramcar  or  railway 
carriage  by  any  elector  at  his  own  cost  for  the  purpose  of  going  to  or  coming  from  any  such  polling 
station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. 

Explanation.—In  this  clause,  the  expression  “vehicle”  means  any  vehicle  used  or  capable  of  being 
used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether 
used for drawing other vehicles or otherwise. 

(6) The incurring or authorising of expenditure in contravention of section 77. 

1. Subs. by Act 40 of 1961, s. 23, for clause (3) (w.e.f. 20-9-1961). 
2. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 
3. Ins. by Act 3 of 1988, s. 19 (w.e.f. 21-3-1988). 
4. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 
5. The words “or retirement from contest” omitted by s. 36, ibid. (w.e.f. 30-12-1958). 
6. Subs. by Act 47 of 1966, s. 53, “for the conveyance” (w.e.f. 14-12-1966). 

50 

 
                                                           
(7) The obtaining or procuring or a betting  or attempting to obtain or procure by a candidate or his 
agent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other 
than the giving of vote) for the furtherance of the prospects of that candidate’s election, 2[from any person 
whether  or  not  in  the  service  of  the  Government]  and  belonging  to  any  of  the  following  classes, 
namely:— 

(a) gazetted officers; 

(b) stipendiary judges and magistrates; 

(c) members of the armed forces of the Union; 

(d) members of the police forces; 

(e) excise officers; 
3[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels, 
deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a 
share of, or commission on, the amount of land revanue collected by them but who do not discharge 
any police functions; and 

(g) such other class of persons in the service of the Government as may be prescribed: 

4[Provided  that  where  any  person,  in  the  service  of  the  Government  and  belonging  to  any  of  the 
classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or 
provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or 
any other person acting with the consent of the candidate or his election agent (whether by reason of the 
office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not 
be deemed to be assistance for the furtherance of the prospects of that candidate’s election;] 

5[(h)  class  of  persons  in  the  service  of  a  local  authority,  university,  government  company  or 
institution or concern or undertaking appointed or deputed by the Election Commission in connection 
with the conduct of elections.] 
6[(8) Booth capturing by a candidate or his agent or other person.] 
Explanation.—(1)  In  this section the  expression  “agent” includes  an  election  agent, a  polling  agent 
and any person who is held to have acted as an agent in connection with the election with the consent of 
the candidate. 

(2)  For  the  purposes  of  clause  (7),  a  person  shall  be  deemed  to  assist  in  the  furtherance  of  the 

prospects of a candidate’s election if he acts as an election agent 7*** of that candidate. 

8[(3)  For  the  proposes  of  clause  (7),  notwithstanding  anything  contained  in  any  other  law,  the 
publication  in  the  Official  Gazette  of  the  appointment,  resignation,  termination  of  service,  dismissal  or 
removal from service of a person in the service of the Central Government (including a person serving in 
connection  with  the  administration  of  a  Union  territory)  or  of  a  State  Government  shall  be  conclusive 
proof— 

(i) of such appointment, resignation, termination of service, dismissal or removal from service, as 

the case may be, and 

(ii)  where  the  date  of  taking  effect  of  such  appointment,  resignation,  termination  of  service, 
dismissal or removal from service, as the case may be, is stated in such publication, also of the fact 
that  such  person  was  appointed  with  effect  from  the  said  date,  or  in  the  case  of  resignation, 
termination  of  service,  dismissal  or  removal  from  service  such  person  ceased  to  be  in  such  service 
with effect from the said date.] 

1. Ins. by Act 58 of 1958, s. 36 (w.e.f. 30-12-1958). 
2. Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010). 
3. Subs. by Act 58 of 1958, s. 36, for sub-clause (f) (w.e.f. 30-12-1958). 
4. Ins. by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 
5. Ins. by Act 41 of 2009, s. 6 (w.e.f. 1-2-2010). 
6. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989). 
7. The words “or a polling agent or a counting agent” omitted by Act 47 of 1966, s. 53 (w.e.f. 14-12-1966). 
8. Added by Act 40 of 1975, s. 8 (w.e.f. 6-8-1975). 

51 

 
                                                           
1[(4)  For  the  purposes  of  clause  (8),  “booth  capturing”  shall  have  the  same  meaning  as  in            

section 135A.] 

CHAPTER III.—Electoral offences 

2[125.  Promoting  enmity  between  classes  in  connection  with  election.—Any  person  who  in 
connection with an election under this Act promotes or attempts to promote on grounds of religion, race, 
caste, community or language, feelings of enmity or hatred, between different classes of the citizens of 
India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or 
with both.] 

3[125A. Penalty for filing false  affidavit, etc.—A  candidate  who  himself  or  through  his  proposer, 

with intent to be elected in an election,— 

(i) fails to furnish information relating to sub-section (1) of section 33A; or 

(ii) give false information which he knows or has reason to believe to be false; or 

(iii)  conceals  any  information,  in  his  nomination  paper  delivered  under  sub-section  (1)  of     

section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as 
the  case  may  be,  shall,  notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in 
force, be punishable with imprisonment for a term which may extend to six months, or with fine, or 
with both.] 

4[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed 

for conclusion of poll.— 

(1) No person shall— 

(a) convene, hold, attend, join or address any public meeting or procession in connection with 

an election; or 

(b) display to the public any election matter by means of cinematograph, television or other 

similar apparatus; or 

(c) propagate any election matter to the public by holding, or by arranging the holding of, any 
musical  concert  or  any  theatrical  performance  or  any  other  entertainment  or  amusement  with  a 
view to attracting the members of the public thereto, 

in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the 
poll for any election in the polling area. 

(2)  Any  person  who  contravenes  the  provisions  of  sub-section  (1)  shall  be  punishable  with 

imprisonment for a term which may extend to two years, or with fine, or with both. 

(3)  In  this  section,  the  expression  “election  matter”  means  any  matter  intended  or  calculated  to 

influence or affect the result of an election.] 

5[126A. Restriction on publication and dissemination of result of exit polls, etc.—(1) No person 
shall  conduct  any  exit  poll  and  publish  or  publicise  by  means  of  the  print  or  electronic  media  or 
disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be 
notified by the Election Commission in this regard. 

(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the 

date and time having due regard to the following, namely:— 

(a) in case of a general election, the period may commence from the beginning of the hours fixed 
for poll on the first day of poll and continue till half an hour after closing of the poll in all the States 
and Union territories; 

1. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989). 
2. Ins. by Act 40 of 1961, s. 24 (w.e.f. 20-9-1961). 
3. Ins. by 72 of 2002, s. 5 (w.e.f. 24-8-2002). 
4. Subs. by Act 21 of 1996, s. 10, for section 126 (w.e.f. 1-8-1996). 
5. Ins. by Act 41 of 2009, s. 7 (w.e.f. 1-2-2010). 

52 

 
                                                           
(b) in case of a bye-election or a number of bye-election held together, the period may commence 
from the beginning of the hours fixed for poll on and from the first day of poll and continue till half 
an hour after closing of the poll: 

Provided that in case of a number of bye-elections held together on different days, the period may 
commence from the beginning of the hours fixed for poll on the first day of poll and continue till half 
an hour after closing of the last poll. 

(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment 

for a term which may extend to two years or with fine or with both. 

Explanation.—For the purposes of this section,— 

(a)  “exit  poll”  means  an  opinion  survey  respecting  how  electors  have  voted  at  an  election  or 
respecting how all the electors have performed with regard to the identification of a political party or 
candidate in an election; 

(b)  “electronic  media”  includes  internet,  radio  and  television  including  Internet  Protocol 
Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the 
Government or private person or by both; 

(c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any 

other document; 

(d)  “dissemination”  includes  publication  in  any  “print  media”  or  broadcast  or  display  on  any 

electronic media. 

 126B. Offences by companies.—(1) Where an offence under sub-section (2) of section 126A has been 
committed by a company, every person who, at the time the offence was committed, was in charge of, and 
was responsible to the company for the conduct of the business of the company, as well as the company, 
shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purpose of this section,— 

(a)  “company”  means  any  body  corporate,  and  includes  a  firm  or  other  association  of     

individuals; and 

(b) “director” in relation to a firm, means a partner in the firm.] 

127.  Disturbances  at  election  meetings.—(1)  Any  person  who  at  a  public  meeting  to  which  this 
section  applies  acts,  or  incites  others  to  act,  in  a  disorderly  manner  for  the  purpose  of  preventing  the 
transaction  of  the  business  for  which  the  meeting  was  called  together,  1[shall  be  punishable  with 
imprisonment  for  a  term  which  may  extend  to  2[six  months  or  with  fine  which  may  extend  to  two 
thousand rupees], or with both.] 

3[(1A) An offence punishable under sub-section (1) shall be cognizable.] 

1. Subs. by Act 1 of 1989, s. 14, for certain words (w.e.f. 15-3-1989). 
2. Subs. by Act 21 of 1996, s. 11, for certain words (w.e.f. 1-8-1996). 
3. Ins. by s. 11, ibid. (w.e.f. 1-8-1996). 

53 

 
                                                           
(2)  This  section  applies  to  any  public  meeting  of  a  political  character  held  in  any  constituency 
between  the  date  of  the  issue  of  a  notification  under  this  Act  calling  upon  the  constituency  to  elect  a 
member or members and the date on which such election is held. 

(3)  If  any  police  officer  reasonably  suspects  any  person  of  committing  an  offence  under                 

sub-section  (1),  he  may,  if  requested  so  to  do  by  the  chairman  of  the  meeting,  require  that  person  to 
declare to him immediately his name and address and, if that person refuses or fails so to declare his name 
and address, or if the police officer reasonably suspects him of giving a false name or address, the police 
officer may arrest him without warrant. 

1[127A.  Restrictions  on  the  printing  of  pamphlets,  posters,  etc.—(1)  No  person  shall  print  or 
publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its 
face the names and addresses of the printer and the publisher thereof. 

(2) No person shall print or cause to be printed any election pamphlet or poster— 

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by 

two persons to whom he is personally known, is delivered by him to the printer in duplicate; and 

(b)  unless,  within  a  reasonable  time  after  the  printing  of  the  document,  one  copy  of  the 

declaration is sent by the printer, together with one copy of the document,— 

(i) where it is printed in the capital of the State, to the Chief Electoral Officer, and 

(ii) in any other case, to the district magistrate of the district in which it is printed. 

(3) For the purposes of this section,— 

(a)  any  process  for  multiplying  copies  of  a  document,  other  than  copying  it  by  hand,  shall  be 

deemed to be printing and the expression “printer” shall be construed accordingly; and 

(b)  “election  pamphlet  or  poster”  means  any  printed  pamphlet,  hand-bill  or  other  document 
distributed  for  the  purpose  of  promoting  or  prejudicing  the  election  of  a  candidate  or  group  of 
candidates or any placard or poster having reference to an election, but does not include any hand-
bill,  placard  or  poster  merely  announcing  the  date,  time,  place  and  other  particulars  of  an  election 
meeting or routine instructions to election agents or workers. 

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be 
punishable with imprisonment for a term which may extend to six months, or with fine which may extend 
to two thousand rupees, or with both.] 

128.  Maintenance  of  Secrecy  of  voting.—(1)  Every  officer,  clerk,  agent  or  other  person  who 
performs any duty in connection with the recording or counting of votes at an election shall maintain, and 
aid  in  maintaining,  the  secrecy  of  the  voting  and  shall  not  (except  for  some  purpose  authorised  by  or 
under any law) communicate to any person any information calculated to violate such secrecy: 

2[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other 

person who performs any such duty at an election to fill a seat or seats in the Council of States.] 

(2)  Any  person  who  contravenes  the  provisions  of  sub-section  (1)  shall  be  punishable  with 

imprisonment for a term which may extend to three months or with fine or with both. 

129. Officers, etc., at elections not to act for candidates or to influence voting.—(1) No person 
who is 3[a district election officer or a returning officer], or an assistant returning officer, or a presiding or 
polling  officer at an  election,  or an  officer  or  clerk  appointed by  the  returning  officer  for the  presiding 
officer to perform any duty in connection with an election shall in the conduct or the management of the 
election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a 
candidate. 

1. Ins. by Act 40 of 1961, s. 26 (w.e.f. 20-9-1961). 
2. Ins. by Act 40 of 2003, s. 5 (w.e.f. 11-9-2003). 
3. Subs. by Act 47 of 1966, s. 55, for “a returning officer” (w.e.f. 14-12-1966). 

54 

 
                                                           
 
(2) No such person as aforesaid, and no member of a police force, shall endeavour— 

(a) to persuade any person to give his vote at an election, or 

(b) to dissuade any person from giving his vole at an election, or 

(c) to influence the voting of any person at an election in any manner. 

(3)  Any  person  who  contravenes  the  provisions  of  sub-section  (1)  or  sub-section  (2)  shall  be 

punishable with imprisonment which may extend to six months or with fine or with both. 

1[(4) An offence punishable under sub-section (3) shall be cognizable.] 

130.  Prohibition  of  canvassing  in  or  near  polling  stations.—(1)  No  person  shall,  on  the  date  or 
dates on which a poll is taken at any polling station, commit any of the following acts within the polling 
station or in any public or private place within a distance of 2[one hundred metres] of the polling station, 
namely:— 

(a) canvassing for votes; or 

(b) soliciting the vote of any elector, or 

(c) persuading any elector not to vote for any particular candidate; or 

(d) persuading any elector not to vote at the election; or 

(e) exhibiting any notice or sign (other than an official notice) relating to the election. 

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which 

may extend to two hundred and fifty rupees. 

(3) An offence punishable under this section shall be cognizable. 

131. Penalty for disorderly conduct in or near polling stations.—(1) No person shall, on the date 

or dates on which a poll is taken at any polling station,— 

(a) use or operate with in or at the entrance of the polling station, or in any public or private place 
in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a 
megaphone or a loudspeaker, or 

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station 

or in any public or private place in the neighbourhood thereof, 

so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with 
the work of the officers and other persons on duty at the polling station. 

(2)  Any  person  who  contravenes,  or  wilfully  aids  or  abets  the  contravention  of,  the  provisions  of       

sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or 
with both. 

(3) If the presiding officer of a polling station has reason to believe that any person is committing or 
has committed an offence punishable under this section, he may direct any police officer to arrest such 
parson, and thereupon the police officer shall arrest him. 

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for 
preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for 
such contravention. 

132. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for 
the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding 
officer may be removed from the polling station by the presiding officer or by any police officer on duty 
or by any person authorised in this behalf by such presiding officer. 

1. Ins. by Act 47 of 1966, s. 55 (w.e.f. 14-12-1966). 
2. Subs. by s. 56, ibid., for “one hundred yards” (w.e.f. 14-12-1966). 

55 

 
                                                           
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is 

otherwise entitled to vote at a polling station from having an opportunity of voting at that station. 

(3) If any person who has been so removed from a polling station re-enters the polling station without 
the permission of the presiding officer, he shall be punishable with imprisonment for a term which may 
extend to three months, or with fine, or with both. 

(4) An offence punishable under sub-section (3) shall be cognizable. 

1[132A.  Penalty  for  failure  to  observe  procedure  for  voting.—If  any  elector  to  whom  a  ballot 
paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to 
him shall be liable for cancellation.] 

2[133. Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty 
of  any  such  corrupt  practice  as  is  specified  in  clause  (5)  of  section  123  at  or  in  connection  with  an 
election, he shall be punishable with imprisonment which may extend to three months and with fine.] 

134. Breaches of official duty in connection with elections.—(1) If any person to whom this section 
applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be 
punishable with fine which may extend to five hundred rupees. 

3[(1A) An offence punishable under sub-section (1) shall be cognizable.] 

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any 

such act or omission as aforesaid. 

(3)  The  persons  to  whom  this  section  applies  are  the 4*** 5[district  election  officers,  returning 
officers], assistant returning officers, presiding officers, polling officers and any other person appointed to 
perform any duty in connection with 6*** the receipt of nominations or withdrawal of candidatures, or the 
recording or counting of votes at an election; and the expression “official duty” shall for the purposes of 
this section be construed accordingly, but shall not include duties imposed otherwise than by or under this 
Act 4***. 

7[134A. Penalty for Government servants for acting as election agent, polling agent or counting 
agent.—If any person in the service of the Government acts as an election agent or a polling agent or a 
counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which 
may extend to three months, or with fine, or with both.] 

8[134B. Prohibition  of  going  armed  to  or  near  a  polling  station.—(1)  No  person,  other  than the 
returning  officer,  the  presiding  officer,  any  police  officer  and  any  other  person  appointed  to  maintain 
peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed 
with  arms,  as  defined  in  the  Arms  Act,  1959  (54  of  1959),  of  any  kind  within  the  neighbourhood  of  a 
polling station. 

(2)  If  any  person  contravenes  the  provisions  of  sub-section  (1),  he  shall  be  punishable  with 

imprisonment for a term which may extend to two years or with fine, or with both. 

(3)  Notwithstanding  anything  contained  in  the  Arms  Act,  1959  (54  of  1959),  where  a  person  is 
convicted of an offience under this section, the arms as defined in the said Act found in his possession 
shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have 
been revoked under section 17 of that Act. 

(4) An offence punishable under sub-section (2) shall be cognizable.] 

1. Ins. by Act 4 of 1986, s. 2 and Schedule (w.e.f. 15-5-1986). 
2. Subs. by Act 21 of 1996, s. 12, for section 133 (w.e.f. 1-8-1996). 
3. Ins. by Act 47 of 1966, s. 58 (w.e.f. 14-12-1966). 
4. Certain words omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958). 
5. Subs. by Act 47 of 1966, s. 58, for “returning officers” (w.e.f. 14-12-1966). 
6. The words “the preparation of an electoral roll” omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958). 
7. Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966). 
8. Ins. by Act 21 of 1996, s. 13 (w.e.f. 1-8-1996). 

56 

 
                                                           
135. Removal of ballot papers from polling station to be an offence.—(1) Any person who at any 
election 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids 
or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to 
one year or with fine which may extend to five hundred rupees or with both. 

(2) If the presiding officer of a polling station has reason to believe that any person is committing or 
has committed an offence punishable under sub-section (1), such officer may, before such person leaves 
the polling station, arrest or direct a police officer to arrest such person and may search such person or 
cause him to be searched by a police officer: 

Provided  that  when  it  is  necessary  to  cause  a  woman  to  be  searched,  the  search  shall  be  made  by 

another woman with strict regard to decency. 

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to 
a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by 
such officer in safe custody. 

(4) An offence punishable under sub-section (1) shall be cognizable. 

2[135A. Offence of booth capturing.—3[(1)] Whoever commits an offence of booth capturing shall 
be punishable with imprisonment for a term which 4[shall not be less than one year but which may extend 
to  three  years  and  with  fine,  and  where  such  offence  is  committed  by  a  person  in  the  service  of  the 
Government, he shall be punishable with imprisonment for a term which shall not be less than three years 
but which may extend to five years and with fine.] 

Explanation.—For  the  purposes  of 5[this  sub-section  and  section  20B]  “booth  capturing”  includes, 

among other things, all or any of the following activities, namely:— 

(a)  seizure  of  a  polling  station  or  a  place  fixed  for  the  poll  by  any  person  or  persons  making 
polling authorities surrender the ballot papers or voting machines and doing of any other Act which 
affects the orderly conduct of elections; 

(b) taking possession of a polling station or a place fixed for  the poll by any person or persons 
and allowing only his or their own supporters to exercise their right to vote and 4[prevent others from 
free exercise of their right to vote]; 

(c) 6[coercing or intimidating or threatening directly or indirectly,] any elector and preventing him 

from going to the polling station or a place fixed for the poll to cast his vote; 

(d)  seizure  of  a  place  for  counting  of  votes  by  any  person  or  persons,  making  the  counting 
authorities surrender the ballot papers or voting machines and the doing of anything which affects the 
orderly counting of votes; 

(e) doing by any person in the service of Government, of all or any of the aforesaid activities or 
aiding  or  conniving  at,  any  such  activity  in  the  furtherance  of  the  prospects  of  the  election  of  a 
candidate.] 

7[(2) An offence punishable under sub-section (1) shall be cognizable.] 

8[135B. Grant of paid holiday to employees on the day of poll.—(1) Every person employed in any 
business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the 
House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. 

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday 
having been granted in accordance with sub-section (1) and if such person is employed on the basis that 

1. Subs. by Act 21 of 1996, s. 14, for “fraudulently” (w.e.f. 1-8-1996). 
2. Ins. by Act 1 of 1989, s. 15 (w.e.f. 15-3-1989). 
3. Section 135A renumbered as sub-section (1) thereof by Act 21 of 1996, s. 15 (w.e.f. 1-8-1996). 
4. Subs. by s. 15, ibid., for certain words (w.e.f. 1-8-1996). 
5. Subs. by s. 15, ibid., for “this section” (w.e.f. 1-8-1996). 
6. Subs. by s. 15, ibid., for “threatening” (w.e.f. 1-8-1996). 
7. Ins. by s. 15, ibid. (w.e.f. 1-8-1996). 
8. Ins. by s. 16, ibid. (w.e.f. 1-8-1996). 

57 

 
                                                           
he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages 
he would have drawn had not a holiday been granted to him on that day. 

(3)  If  an  employer  contravenes  the  provisions  of  sub-section  (1)  or  sub-section  (2),  then  such 

employer shall be punishable with fine which may extend to five hundred rupees. 

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in 

respect of the employment in which he is engaged. 

135C. Liquor not to be sold, given or distributed on polling day.—(1) No spirituous, fermented or 
intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating 
house,  tavern,  shop  or  any  other  place,  public  or  private,  within  a  polling  area  during  the  period  of       
forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling 
area. 

(2)  Any  person  who  contravenes  the  provisions  of  sub-section  (1),  shall  be  punishable  with 
imprisonment for a term which may extend to six months or with fine which may extend to two thousand 
rupees, or with both. 

(3)  Where  a  person  is  convicted  of  an  offence  under  this  section,  the  spirituous,  fermented,  or 
intoxicating  liquors  or  other  substances  of  a  like  nature  found  in  his  possession  shall  be  liable  to 
confiscation and the same shall be disposed of in such manner as may be prescribed.] 

136. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if 

at any election he— 

(a) fraudulently defaces or fraudulently destroys any nomination paper; or 

(b)  fraudulently  defaces,  destroys  or  removes  any  list,  notice  or  other  document  affixed  by  or 

under the authority of returning officer; or 

(c)  fraudulently  defaces  or  fraudulently  destroys  any  ballot  paper  or  the  official  mark  on  any 
ballot paper or any declaration of identity or official envelop used in connection with voting by postal 
ballot; or 

(d) without due authority supplies any ballot paper to any person 1[or receives any ballot paper 

from any person or is in possession of any ballot paper]; or 

(e)  fraudulently  puts  into  any  ballot  box  anything  other  than  the  ballot  paper  which  he  is 

authorised by law to put in; or 

(f)  without  due  authority  destroys,  takes,  opens  or  otherwise  interferes  with  any  ballot  box  or 

ballot papers than in use for the purposes of the election; or 

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing 

acts or wilfully aids or abets the doing of any such acts. 

(2) Any person guilty of an electoral offence under this section shall,— 

(a) if he is a returning officer or an assistant returning officer or a presiding  officer at a polling 
station  or  any  other  officer  or  clerk  employed  on  official  duty  in  connection  with  the  election,  be 
punishable with imprisonment for a term which may extend to two years or with fine or with both; 

(b) if he is any other person, be punishable with imprisonment for a term which may extend to six 

months or with fine or with both. 

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to 
take  part  in  the  conduct  of  an  election  or  part  of  an  election  including  the  counting  of  votes  or  to  be 
responsible  after  an  election  for  the  used  ballot  papers  and  other  documents  in  connection  with  such 
election, but the expression “official duty” shall not include any duty imposed otherwise than by or under 
this Act 2***. 

3[(4) An offence punishable under sub-section (2) shall be cognizable.] 

1. Ins. by Act 27 of 1956, s. 70 (w.e.f. 28-8-1956).  
2. Certain words omitted by Act 58 of 1958, s. 38 (w.e.f. 30-12-1958). 
3. Subs. by Act 47 of 1966, s. 60, for sub-section (4) (w.e.f. 14-12-1966). 

58 

 
                                                           
137.  [Prosecution  regarding  certain  offences.]  Omitted  by  the  Representation  of  the  People 

(Amendment) Act, 1966 (47 of 1966), s. 61 (w.e.f. 14-12-1966). 

138. [Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 

and the First Schedule (w.e.f. 17-9-1957). 

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). 

1[CHAPTER IV.—POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS 
TO DISQUALIFICATIONS OF MEMBERS 

146. Powers of Election Commission.—(1) Where in connection with the tendering of any opinion 
to  the  President  under  article  103  or,  as  the  case  may  be,  under  sub-section  (4)  of  section  14  of  the 
Government  of  Union  Territories  Act,  1963  (20  of  1963),  or  to  the  Governor  under  article  192,  the 
Election  Commission  considers  it  necessary  or  proper  to  make  an  inquiry,  and  the  Commission  is 
satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties 
concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired 
into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying 
a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document or other material object producible as 

evidence; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or a copy thereof from any court or office; 

(e) issuing commissions for the examination of witnesses or documents. 

(2) The Commission shall also have the power to require any person, subject to any privilege which 
may be claimed by that person under any law for the time being in force, to furnish information on such 
points or matters as in the opinion of the Commission may be useful for or relevant to, the subject-matter 
of the inquiry. 

(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in 
section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is 
committed  in  the  view  or  presence  of  the  Commission,  the  Commission  may  after  recording  the  facts 
constituting  the  offence  and  the  statement  of  the  accused  as  provided  for  in  the  Code  of  Criminal 
Procedure, 1898 (5 of 1898)2, forward the case to a magistrate having jurisdiction to try the same and the 
magistrate  to  whom  any  such  case  is  forwarded  shall  proceed  to  hear  the  complaint  against  the       
accused  as  if  the  case  had  been  forwarded  to  him  under  section  482  of  the  Code  of  Criminal                  
Procedure, 1898 (5 of 1898)2. 

(4)  Any  proceeding  before  the  Commission  shall  be deemed  to  be  a judicial  proceeding  within  the 

meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). 

146A. Statements made by person to the Election Commission.—No statement made by a person 
in the course of giving evidence before the Election Commission shall subject him to, or be used against 
him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: 

Provided that the statement— 

(a) is made in reply to a question which he is required by the Commission to answer, or 

(b) is relevant to the subject-matter of the inquiry. 

1.  Ins. by Act 17 of 1965, s. 2 (w.e.f. 22-9-1965). 
2. See now the corresponding provision of the Code of Criminal Procedure, 1973 (2 of 1974). 

59 

 
                                                           
146B.  Procedure  to  be  followed  by  the  Election  Commission.—The  Election  Commission  shall 
have the power to regulate its own procedure (including the fixing of places and times of its sittings and 
deciding whether to sit in public or in private.) 

146C.  Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal  proceeding 
shall lie against the Commission or any person acting under the direction of the Commission in respect of 
anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of 
this  Chapter  or  of  any  order  made  thereunder  or  in  respect  of  the  tendering  of  any  opinion  by  the 
Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or 
under the authority of the Commission of any such opinion, paper or proceedings. 

PART IX 
BYE-ELECTIONS 

147. Casual vacancies in the Council of States.—1[(1)] When before the expiration of the term of 
office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his 
election to the Council of States is declared void, the Election Commission shall by a notification in the 
Gazette  of  India  call  upon  the  elected  members  of  the  Legislative  Assembly  or  the  members  of  the 
electoral  college  concerned  2***,  as  the  case  may  be,  to  elect  a  person  for  the  purpose  of  filling  the 
vacancy so caused before such date as may be specified in the notification and the provisions of this Act 
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a 
member to fill such vacancy. 

3[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) 
Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the 
States  of  Assam,  Orissa  and  Uttar  Pradesh  and  the  Union  territories  of  Delhi,  Himachal  Pradesh  and 
Manipur.] 

148.  [Casual  vacancies  in  the  electoral  colleges  for  certain  Union  territories.]  Omitted  by  the 

Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957). 

149. Casual vacancies in the House of the People.—(1) When the seat of a member elected to the 
House of the People becomes vacant or is declared vacant or his election to the House of the People is 
declared  void,  the  Election  Commission  shall,  subject  to  the  provisions  of  sub-section  (2),  by  a 
notification in the Gazette of India, call upon the parliamentary constitutency concerned to elect a person 
for the purpose of filling the vacancy so caused before such dale as may be specified in the notification, 
and the provisions of this Act and of the rules and orders made thereunder shall apply, as for as may be, in 
relation to the election of a member to fill such vacancy. 

(2)  If  the  vacancy  so  caused  be  a  vacancy  in  a  seat  reserved  in  any  such  constituency  for  the 
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify 
that the person to fill that seat  shall belong to the Scheduled Castes or to such Scheduled Tribes, as the 
case may be. 

150. Casual vacancies in the State Legislative Assemblies.—When the seat of a member elected to 
the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative 
Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by 
a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for 
the purpose of filling the vacancy so caused before such date as may be specified in the notification, and 
the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in 
relation to the election of a member to fill such vacancy. 

(2)  If  the  vacancy  so  caused  be  a  vacancy  in  a  seat  reserved  in  any  such  constituency  for  the 
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify 
that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the 
case may be. 

1. Section 147 renumbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956. 
2. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule 

(w.e.f. 6-9-1951). 

3. Ins. by the Adaptation of Laws (No. 2) Order, 1956. 

60 

 
                                                           
151. Casual vacancies in the State Legislative Councils.—When before the expiration of the term 
of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared 
vacant  or  his  election  to  the  Legislative  Council  is  declared  void,  the  Election  Commission  shall,  by  a 
notification in the Official Gazette, call upon the Council constituency concerned or the members of the 
Legislative  Assembly  of  the  State,  as  the  case  may  be,  to  elect  a  person  for  the  purpose  of  filling  the 
vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act 
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a 
member to fill such vacancy. 

1[151A.  Time 

limit 

for 

filling  vacancies  referred 

to 

in  sections  147,  149,  150                                

and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151, 
a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period 
of six months from the date of the occurrence of the vacancy: 

Provided that nothing contained in this section shall apply if— 

(a) the remainder of the term of a member in relation to a vacancy is less than one year; or 

(b)  the  Election  Commission  in  consultation  with  the  Central  Government  certifies  that  it  is 

difficult to hold the bye-election within the said period.] 

PART X 

MISCELLANEOUS 

152. List of members of the State Legislative Assemblies and electoral colleges to be maintained 
by returning officers concerned.—(1) The returning officer for an election by the elected members of 
the Legislative Assembly of a State to fill a seat or seals in the Council of States or for an election, by the 
members  of  the  Legislative  Assembly  of  a  State to fill  a  seat  or seats  in  the  Legislative  Council  of the 
State shall, for the purposes of such election maintain in his office in the prescribed manner and form a 
list of elected members or a list of members, as the case may be, of that Legislative Assembly. 

(2)  The  returning  officer  for  an  election  by  the  members  of  the  electoral  college  for  a 2[Union 
territory] 3*** 4*** to fill a seat or seats in the Council of States shall, for the purposes of such election, 
maintain in his office in the prescribed manner and form a list of members of that electoral college 4*** 

(3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale. 
5[153.  Extension  of  time  for  completion  of  election.—It  shall  be  competent  for  the  Election 
Commission  for  reasons  which  it  considers  sufficient,  to  extend  the  time  for  the  completion  of  any 
election  by  making  necessary  amendments  in  the  notification  issued  by  it  under  section  30  or                       
sub-section (1) of section 39.] 

154.  Term  of  office  of  members  of  the  Council  of  States.—6[(1)  Subject  to  the  provisions  of        

sub-sections  (2)  and  (2A),  the  term  of  office  of  a  member  of  Council  of  States,  other  than  a  member 
chosen to fill a casual vacancy, shall be six years.] 

(2) 7*** Upon the first constitution of the Council of States the President shall, after constitution with 
the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of 
some of the members then chosen in order that, as nearly as may be, one-third of the members holding 
seats of each class shall retire in every second year thereafter. 

8[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of 
April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be 
after the commencement of the Constitution (Seventh Amendment) Act, 1956 after consultation with the 
Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of 
the members elected under sub-section (2) of section 147.] 

1. Ins. by Act 21 of 1996, s. 17 (w.e.f. 1-8-1996). 
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”. 
3. The words “or group of such States” omitted by Act 27 of 1956, s. 77 (w.e.f. 28-8-1956).  
4. Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 
5. Subs. by Act 27 of 1956, s. 78 for section 153 (w.e.f. 28-8-1956).  
6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section (1). 
7. Certain words omitted, ibid. 
8. Ins. ibid. 

61 

 
                                                           
(3)  A  member  chosen  to  fill  a  casual  vacancy  shall  be  chosen  to  serve  for  the  remainder  of  his 

predecessor’s term of office. 

155. Commencement of the term of office of members of the Council of States.—(1) The term of 
office of a member of the Council of States whose name is required to be notified in the Official Gazette 
under section 71 shall begin on the date of such notification. 

(2) The term of office of a member of the Council of States whose name is not required to be notified 
under  section  71  shall  begin  on  the  date  of  publication  in  the  Official  Gazette  of  the  declaration 
containing  the  name  of  such  person  as  elected  under  section  67  or  of  the  notification  issued  under           
sub-clause (a) of clause (1) of article 80 or under any other provision announcing the nomination of such 
person to the Council of States, as the case may be. 

156.  Term  of  office  of  members  of  State  Legislative  Councils.—(1)  The  term  of  office  of  a 
member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall 
be six years, but upon the first constitution of the Council the Governor 1*** shall, after consultation with 
the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of 
some of the members then chosen in order that,  as nearly as may be, one-third of the members holding 
seats of each class shall retire in every second year thereafter. 

(2)  A  member  chosen  to  fill  a  casual  vacancy  shall  be  chosen  to  serve  for  the  remainder  of  his 

predecessor’s term of office. 

157. Commencement of the term of office of members of the Legislative Councils.—(1) The term 
of office of a member of the Legislative Council of a State whose name is required to be notified in the 
Official Gazette under 2[section 74] shall begin on the date of such notification. 

(2) The term of office of a member of the Legislative Council of a State whose name is not required 
to  be  notified  under  2[section  74]  shall  begin  on  the  date  of  publication  in  the  Official  Gazette  of  the 
declaration containing the name of such person as elected under section 67 or of the notification issued 
under  sub-clause  (e)  of  clause  (3)  of  article  171,  announcing  the  nomination  of  such  person  to  the 
Council, as the case may be. 

3[158.  Return  or  forfeiture  of  candidate's  deposit.—(1)  The  deposit  made  under  section  34  or 
under that section read with sub-section (2) of section 39 shall either be returned to the person making it 
or his legal representative or be forfeited to the appropriate authority in accordances with the provisions 
of this section. 

(2)  Except  in  cases  hereafter  mentioned  in  this  section,  the  deposit  shall  be  returned  as  soon  as 

practicable after the result of the election is declared. 

(3)  If  the  candidate  is  not  shown  in  the  list  of  contesting  candidates,  or  if  he  dies  before  the 
commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the 
list or after his death, as the case may be. 

(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a 
poll has been taken, the candidate is not elected and the number of valid votes polled by him does not 
exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election 
of more than one member at the election, one-sixth of the total number of valid votes so polled divided by 
the number of members to be elected: 

Provided that where at an election held in, accordance with the system of proportional representation 
by  means  of  the  single  transferable  vote,  a  candidate  is  not  elected,  the  deposit  made  by  him  shall  be 
forfeited  if  he  does  not  get  more  than  one-sixth  of  the  number  of  votes  prescribed  in  this  behalf  as 
sufficient to secure the return of a candidate. 

1. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956. 
2. Subs. by Act 27 of 1956, s. 79, for “section 75” (w.e.f. 28-8-1956).  
3. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958). 

62 

 
 
 
                                                           
(5) Notwithstanding anything in sub-sections (2), (3) and (4),— 

(a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary 
constituency or in more than one assembly constituency, not more than one of the deposits shall be 
returned, and the other shall be forfeited.] 

(b) if the candidate is a contesting candidate at an election in more than one council constituency 
or at an election in a Council constituency and at an election by the members of the State Legislative 
Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, 
and the others shall be forfeited.] 

1[159.  Staff  of  certain  authorities  to  be  made  available  for  election  work.—(1)  The  authorities 
specified  in  sub-section  (2)  shall,  when  so  requested  by  a  Regional  Commissioner  appointed  under       
clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer 
such staff as may be necessary for the performance of any duties in connection with an election. 

(2) The following shall be the authorities for the purposes of sub-section (1), namely:— 

(i) every local authority; 

(ii) every university established or incorporated by or under a Central, Provincial or State Act; 

(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); 

(iv)  any  other  institution,  concern  or  undertaking  which  is  established  by  or  under  a  Central, 
Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, 
directly or indirectly, by the Central Government or a State Government.] 

160. Requisitioning of Premises, vehicles, etc., for election purposes.—(1) If it appears to the State 

Government that in connection with an election held within the State— 

2[(a) any premises are needed or are likely to be needed for the purpose of being used as polling 
stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper 
audit trail) and  poll  related  material after  a poll  has been taken,  accommodation  for  security  forces 
and polling personnel; or] 

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport 
of ballot  boxes  to  or  from  any  polling  station,  or  transport  of  members  of  the  police  force  for 
maintaining order during the conduct of such election, or transport of any officer or other person for 
performance of any duties in connection with such election, 

the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as 
the case may be, and may make such further orders as may appear to it to be necessary or expedient in 
connection with the requisitioning: 

3[Provided  that  such  premises  shall  be  requisitioned  after  the  issuance  of  the  notification  by  the 

Election Commission under section 30 for such election till the date notified under clause (e) thereof: 

Provided further that] no vehicle, vessel or animal which is being lawfully used by a candidate or his 
agent  for  any  purpose  connected  with  the  election  of  such  candidate  shall  be  requisitioned  under  this           
sub-section until the completion of the poll at such election. 

(2)  The  requisition  shall  be  effected  by  an  order  in  writing  addressed  to  the  person  deemed  by  the 
State Government to be the owner or person in possession of the property, and such order shall be served 
in the prescribed manner on the person to whom it is addressed. 

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall 
not extend beyond the period for which such property is required for any of the purposes mentioned in 
that sub-section. 

1. Subs. by Act 12 of 1998, s. 2, for section 159 (w.e.f. 23-12-1997). 
2. Subs. by Act 49 of 2021, s. 7, for clause (a) (w.e.f. 1-8-2022). 
3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 1-8-2022). 

63 

 
                                                           
(4) In the section— 

(a) “premises” means any land, building or part of a building and includes a hut, shed or other 

structure or any part thereof; 

(b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport, 

whether propelled by mechanical power or otherwise. 

161. Payment of compensation.—(1) Whenever in pursuance of section 160 the State Government 
requisitions any premises, there shall be paid to the persons interested compensation the amount of which 
shall be determined by taking into consideration the following, namely:— 

(i)  the  rent  payable  in  respect  of  the  premises  or  if  no  rent  is  so  payable,  the  rent  payable  for 

similar premises in the locality; 

(ii)  if  in  consequence  of  the  requisition  of  the  premises  the  person  interested  is  compelled  to 
change his residence or place of business, the reasonable expenses (if any) incidental to such change: 

Provided  that  where  any  person  interested  being  aggrieved  by  the  amount  of  compensation  so 
determined  makes  an  application  within  the  prescribed  time  to  the  State  Government  for  referring  the 
matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in 
this behalf by the State Government may determine: 

Provided further that where there is any dispute as to the title to receive the compensation or as to the 
apportionment  of  the  amount  of  compensation,  it  shall  be  referred  by  the  State  Government  to  an 
arbitrator  appointed  in  this  behalf  by  the  Government  for  determination,  and  shall  be  determined  in 
accordance with the decision of such arbitrator. 

Explanation.—In  this  sub-section,  the expression  “person  interested”  means the  person  who  was in 
actual possession of the premises requisitioned under section 160 immediately before the requisition, or 
where no person was in such actual possession, the owner of such premises. 

(2) Whenever in pursuance of section 160 the State Government requisitions any  vehicle, vessel or 
animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by 
the State Government on the basis of fares or rates prevailing in the locality for the hire of such vehicle, 
vessel or animal: 

Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of 
compensation so determined makes an application within the prescribed time to the State Government for 
referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator 
appointed in this behalf by the State Government may determine: 

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue 
of a hire-purchase agreement in the possession of a person other than the owner, the amount determined 
under this sub-section as the total compensation payable in respect of the requisition shall be apportioned 
between that person and the owner in such manner as they may agree upon, and in default of agreement, 
in such manner as an arbitrator appointed by the State Government in this behalf may decide. 

162. Power to obtain information.—The State Government may with a view to requisitioning any 
property under section 160 or determining the compensation payable under section 161, by order, require 
any person to furnish to such authority as may be specified in the order such information in his possession 
relating to such property as may be so specified. 

163.  Powers  of  entry  into  and  inspection  of  premises,  etc.—(1)  Any  person  authorised  in  this 
behalf by the State Government may enter into any premises and inspect such premises and any vehicle, 
vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under 
section  160  should  be  made  in  relation  to  such  premises,  vehicle,  vessel  or  animal,  or  with  a  view  to 
securing compliance with any order made under that section. 

(2)  In  this  section  the  expressions  “premises”  and  “vehicle”  have  the  same  meanings  as  in           

section 160. 

64 

 
164.  Eviction  from  requisitioned  premises.—(1)  Any  person  remaining  in  possession  of  any 
requisitioned premises in contravention of any order made under section 160 may be summarily evicted 
from the premises by any officer empowered by the State Government in this behalf. 

(2)  Any  officer  so  empowered  may,  after  giving  to  any  woman  not  appearing  in  public  reasonable 
warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building 
or do any other act necessary for effecting such eviction. 

165.  Release  of  premises  from  requisition.—(1)  When  any  premises  requisitioned  under          

section  160  are  to  be  released  from  requisition,  the  possession  thereof  shall  be  delivered  to  the  person 
from whom possession was taken at the time when the premises were requisitioned, or if there were no 
such person, to the person deemed by the State Government to be the owner of such premises, and such 
delivery of possession shall be a full discharge of the State Government from all liabilities in respect of 
such delivery, but shall not prejudice any rights in respect of the premises which any other person may be 
entitled  by  due  process  of  law  to  enforce  against  the  person  to  whom  possession  of  the  premises  is  so 
delivered. 

(2) Where the person to whom possession of any premises requisitioned under section 160 is to be 
given under sub-section (1) cannot be found or is not readily as certainable or has no agent or any other 
person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring 
that such premises are released from requisition to be affixed on some conspicuous part of such premises 
and publish the notice in the Official Gazette. 

(3)  When  a  notice  referred  to  in  sub-section  (2)  is  published  in  the  Official  Gazette,  the  premises 
specified in such notice shall cease to be subject to requisition on and from the date of such publication 
and  be  deemed  to  have  been  delivered  to  the  person  entitled  to  possession  thereof;  and  the  State 
Government shall not be liable for any compensation or other claim in respect of such premises for any 
period after the said date. 

166. Delegation of functions of the State Government with regard to requisitioning.—The State 
Government  may,  by  notification  in  the  Official  Gazette,  direct  that  any  powers  conferred  or  any  duty 
imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, 
if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers 
as may be so specified. 

167. Penalty for contravention of any order regarding requisitioning.—If any person contravenes 
any order made under section 160 or section 162, he shall be punishable with imprisonment for a term 
which may extend to one year or with fine or with both. 

168. [Special provisions with respect to Rulers of former Indian States.] Omitted by Rulers of Indian 

States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972). 

PART XI 
GENERAL 

169.  Power  to  make  rules.—(1)  The  Central  Government  may,  after  consulting  the  Election 
Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

2[(a) the form of affidavit under sub-section (2) of section 33A;] 

3[(aa)] the duties of presiding officers and polling officers at polling stations; 

4[(aaa) the form of contribution report;] 

1. See the Conduct of Election Rules, 1961. 
2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002). 
3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002). 
4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 

65 

 
                                                           
 
(b) the checking of voters by reference to the electoral roll; 

4[(bb) the manner of allocation of equitable sharing of time on the cable television network and 

other electronic media;] 

(c) the manner in which votes are to be given both generally and in the case of illiterate voters or 

voters under physical or other disability; 

(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent 
or any other person, who being an elector for a constituency is authorised or appointed for duty at a 
polling station at which he is not entitled to vole; 

(e) the procedure to be followed in respect of the lender of vote by a person representing himself 

to be an elector after another person has voted as such elector; 

1[(ee)  the  manner  of  giving  and  recording  of  voles  by  means  of  voting  machines  and  the 

procedure as to voting to be followed at polling stations where such machines are used;] 

(f) the procedure as to voting to be followed at elections held in accordance with the system of 

proportional representation by means of the single transferable vote; 

(g)  the  scrutiny  and  counting  of  votes  including  cases  in  which  a  recount  of  the  votes  may  be 

made before the declaration of the result of the election; 

1[(gg) the procedure as to counting of votes recorded by means of voting machines;] 

(h) the safe custody of 2[ballot boxes, voting machines], ballot papers and other election papers, 
the period for which such papers shall be preserved and the inspection and production of such papers; 

3[(hh)  the  material  to  be  supplied  by  the  Government  to  the  candidates  of  recognised  political 
parties  at  any  election  to  be  held  for  the  purposes  of  constituting  the  House  of  the  People  or  the 
Legislative Assembly of a State;] 

(i) any other matter required to be prescribed by this Act. 

4[(3)  Every  rule  made  under  this  Act  shall  be  laid  as  soon  as  may  be  after  it  is  made  before  each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or 5[in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to validity of anything previously done under the rule.] 

170.  Jurisdiction  of  civil  courts  barred.—No  civil  court  shall  have  jurisdiction  to  question  the 
legality  of  any  action  taken  or  of  any  decision  given  by  the  returning  officer  or  by  any  other  person 
appointed under this Act in connection with an election. 

171. [Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and 

the First Schedule (w.e.f. 17-9-1957). 

1. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989). 
2. Subs. by s. 16, ibid., for “ballot boxes” (w.e.f. 15-3-1989). 
3. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 
4. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961). 
5. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 

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