Vidhi Codex

The Representation of the People Act, 1951

The Representation of the People Act, 1951

General1951205 sections

The Representation of the People Act, 1951, is a foundational Indian law that establishes the practical rules for conducting democratic elections. It regulates how elections for Parliament and state legislatures are held, covering everything from candidate nominations to the counting of votes. The Act applies to candidates, political parties, and election officials, defining qualifications for office and prohibiting illegal "corrupt practices" like bribery or influence peddling. It matters because it protects the integrity of the vote by providing a legal process to resolve election disputes and ensuring that democratic representation remains fair, transparent, and orderly across the nation.

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  1. 1. Short title
  2. 2. Interpretation
  3. 3. Qualification for membership of the Council of States
  4. 4. Qualifications for membership of the House of the People
  5. 5. Qualifications for membership of a Legislative Assembly
  6. 5A. Qualifications for membership of Legislative Assembly of Sikkim
  7. 6. Qualifications for membership of a Legislative Council
  8. 7. Definitions
  9. 8. Disqualification on conviction for certain offences
  10. 8A. Disqualification on ground of corrupt practices
  11. 9. Disqualification for dismissal for corruption or disloyalty.
  12. 9A. Disqualification for Government contracts, etc
  13. 10. Disqualification for office under Government company
  14. 10A. Disqualification for failure to lodge account of election expenses.
  15. 11. Removal or reduction of period of disqualification
  16. 11A. Disqualification arising out of conviction and corrupt practices
  17. 11B. Removal of disqualifications
  18. 12. Notification for biennial election to the Council of States
  19. 12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States
  20. 13. [Omitted]
  21. 14. Notification for general election to the House of the People
  22. 14A. Notification for electing the representative of the State of Sikkim to the existing House of the People
  23. 15. Notification for general election to a State Legislative Assembly
  24. 15A. Notification for certain elections to Legislative Councils
  25. 16. Notification for biennial election to a State Legislative Council
  26. 19. Definition
  27. 19A. Delegation of functions of Election Commission
  28. 20. General duties of chief electoral officers
  29. 20A. General duties of district election officer
  30. 20B. Observers
  31. 21. Returning officers
  32. 22. Assistant returning officers
  33. 23. Returning officer to include assistant returning officers performing the functions of the returning officer
  34. 24. General duty of the returning officer
  35. 25. Provision of polling stations for constituencies
  36. 26. Appointment of presiding officers for polling stations
  37. 27. General duty of the presiding officer
  38. 28. Duties of a polling officer
  39. 28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission
  40. 29. Special provisions in the case of certain elections
  41. 30. Appointment of dates for nominations, etc
  42. 31. Public notice of election
  43. 32. Nomination of candidates for election
  44. 33. Presentation of nomination paper and requirement for a valid nomination
  45. 33A. Right to information
  46. 33B. Candidate to furnish information only under the Act and the rules
  47. 34. Deposits
  48. 35. Notice of nominations and the time and place for their scrutiny
  49. 36. Scrutiny of nominations
  50. 37. Withdrawal of candidature
  51. 38. Publication of list of contesting candidates
  52. 39. Nomination of candidates at other elections
  53. 39A. Allocation of equitable sharing of time
  54. 40. Election agents
  55. 41. Disqualification for being an election agent
  56. 42. Revocation of the appointment, or death, of an election agent
  57. 43. Effect of default in appointment of election agent under section 42
  58. 44. [Omitted]
  59. 45. Functions of election agents
  60. 46. Appointment of polling agents
  61. 47. Appointment of counting agents
  62. 48. Revocation of the appointment, or death of a polling agent or counting agent
  63. 49. Functions of polling agents and counting agents
  64. 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
  65. 51. Non-attendance of polling or counting agents
  66. 52. Death of a candidate of recognised political party before poll
  67. 53. Procedure in contested and uncontested elections
  68. 54. [Omitted]
  69. 55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.
  70. 55A. [Omitted]
  71. 56. Fixing time for poll
  72. 57. Adjournment of poll in emergencies
  73. 58. Fresh poll in the case of destruction, etc., of ballot boxes
  74. 58A. Adjournment of poll or countermanding of election on the ground of booth capturing.
  75. 59. Manner of voting at elections
  76. 60. Special procedure for voting by certain classes of persons
  77. 61. Special procedure for preventing personation of electors
  78. 61A. Voting machines at elections
  79. 62. Right to vote
  80. 63. Method of voting
  81. 64. Counting of votes
  82. 64A. Destruction, loss, etc., of ballot papers at the time of counting
  83. 65. Equality of votes
  84. 66. Declaration of results
  85. 67. Report of the result
  86. 67A. Date of election of candidate
  87. 68. Vacation of seats when elected to both Houses of Parliament
  88. 69. Vacation of seats by persons already members of one House on election to other House of Parliament
  89. 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
  90. 71. Publication of results of elections to the Council of States and of names of persons nominated by the President
  91. 72. [Omitted]
  92. 73. Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto
  93. 73A. Special provisions as to certain elections
  94. 74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
  95. 75A. Declaration of assets and liabilities
  96. 76. Application of Chapter
  97. 77. Account of election expenses and maximum thereof
  98. 78. Lodging of account with the district election officer
  99. 79. Definitions
  100. 80. Election petitions
  101. 80A. High Court to try election petitions
  102. 81. Presentation of petitions
  103. 82. Parties to the petition
  104. 83. Contents of petition
  105. 84. Relief that may be claimed by the petitioner
  106. 85. Procedure on receiving petition
  107. 86. Trial of election petitions
  108. 87. Procedure before the High Court
  109. 93. Documentary evidence
  110. 94. Secrecy of voting not to be infringed
  111. 95. Answering of criminating questions and certificate of indemnity
  112. 96. Expenses of witnesses
  113. 97. Recrimination when seat claimed
  114. 98. Decision of the High Court
  115. 99. Other orders to be made by the High Court
  116. 100. Grounds for declaring election to be void
  117. 101. Grounds for which a candidate other than the returned candidate may be declared to have been elected
  118. 102. Procedure in case of an equality of votes
  119. 103. Communication of orders of the High Court
  120. 104. Difference of opinion among the members of the Tribunal
  121. 105. Orders of the Tribunal to be final and conclusive
  122. 106. Transmission of order to the appropriate authority, etc., and its publication
  123. 107. Effect of orders of the High Court
  124. 108. Withdrawal of petitions before appointment of Tribunal
  125. 109. Withdrawal of election petitions
  126. 110. Procedure for withdrawal of election petitions
  127. 111. Report of withdrawal by the High Court to the Election Commission
  128. 112. Abatement of election petitions
  129. 116. Abatement or substitution on death of respondent
  130. 116A. Appeals to Supreme Court
  131. 116B. Stay of operation of order of High Court
  132. 116C. Procedure in appeal
  133. 117. Security for costs
  134. 118. Security for costs from a respondent
  135. 119. Costs
  136. 121. Payment of costs out of security deposits and return of such deposits
  137. 122. Execution of orders as to costs
  138. 123. Corrupt practices
  139. 125. Promoting enmity between classes in connection with election
  140. 125A. Penalty for filing false affidavit, etc
  141. 126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
  142. 126A. Restriction on publication and dissemination of result of exit polls, etc
  143. 126B. Offences by companies
  144. 127. Disturbances at election meetings
  145. 127A. Restrictions on the printing of pamphlets, posters, etc.
  146. 128. Maintenance of Secrecy of voting
  147. 129. Officers, etc., at elections not to act for candidates or to influence voting
  148. 130. Prohibition of canvassing in or near polling stations
  149. 131. Penalty for disorderly conduct in or near polling stations
  150. 132. Penalty for misconduct at the polling station
  151. 132A. Penalty for failure to observe procedure for voting
  152. 133. Penalty for illegal hiring or procuring of conveyance at elections
  153. 134. Breaches of official duty in connection with elections
  154. 134A. Penalty for Government servants for acting as election agent, polling agent or counting agent
  155. 134B. Prohibition of going armed to or near a polling station
  156. 135. Removal of ballot papers from polling station to be an offence
  157. 135A. Offence of booth capturing
  158. 135B. Grant of paid holiday to employees on the day of poll
  159. 135C. Liquor not to be sold, given or distributed on polling day
  160. 136. Other offences and penalties therefor.
  161. 137. Omitted..
  162. 138. Repealed..
  163. 139. Omitted..
  164. 140. Omitted.
  165. 140A. Omitted..
  166. 141. Omitted..
  167. 142. Omitted..
  168. 143. Omitted..
  169. 144. Omitted..
  170. 145. Omitted..
  171. 146. Powers of Election Commission.
  172. 146A. Statements made by person to the Election Commission
  173. 146B. Procedure to be followed by the Election Commission
  174. 146C. Protection of action taken in good faith
  175. 147. Casual vacancies in the Council of States
  176. 148. Casual vacancies in the electoral colleges for certain Union territories
  177. 149. Casual vacancies in the House of the People
  178. 150. Casual vacancies in the State Legislative Assemblies
  179. 151. Casual vacancies in the State Legislative Councils
  180. 151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151
  181. 152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned
  182. 153. Extension of time for completion of election
  183. 154. Term of office of members of the Council of States
  184. 155. Commencement of the term of office of members of the Council of States.
  185. 156. Term of office of members of State Legislative Councils.
  186. 157. Commencement of the term of office of members of the Legislative Councils.
  187. 158. Return or forfeiture of candidate’s deposit.
  188. 159. Staff or certain authorities to be made available for election work
  189. 160. Requisitioning of premises, vehicles, etc., for election purposes
  190. 161. Payment of compensation
  191. 162. Power to obtain information
  192. 163. Powers of entry into and inspection of premises, etc.
  193. 164. Eviction from requisitioned premises
  194. 165. Release of premises from requisition
  195. 166. Delegation of functions of the State Government with regard to requisitioning
  196. 167. Penalty for contravention of any order regarding requisitioning
  197. 168. Special provisions with respect to Rulers of former Indian States
  198. 169. Power to make rules
  199. 170. Jurisdiction of civil courts barred
  200. 171. Repeal of Act 39 of 1920
  201. 29A. Registration with the Election Commission of associations and bodies as political parties
  202. 29B. Political parties entitled to accept contribution
  203. 29C. Declaration of donation received by the political parties
  204. 78A. Free supply of copies of electoral rolls
  205. 78B. Supply of certain items to candidates, etc.

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