3. Returning Officer and his assistants.—(1) For the purposes of each election the Election
Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall
have his office in New Delhi and may also appoint one or more Assistant Returning Officers.
(2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to
perform all or any of the functions of the Returning Officer.
1. Subs. by Act 5 of 1974, s. 2, for “a member of either House of Parliament” (w.e.f. 23-3-1974).
2. Ins. by s. 2, ibid. (w.e.f. 23-3-1974).
3. Subs. by s. 2, ibid., for “authorised” (w.e.f. 23-3-1974).
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4. Appointment of dates for nominations, etc.—1
[(1) The Election Commission shall, by
notification in the Official Gazette, appoint for every election—
(a) the last date for making nominations, which shall be the fourteenth day after the date of
publication of the notification under this sub-section, 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 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 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 on which a poll shall, if necessary, be taken, which shall be a date not earlier than the
fifteenth day after the last date for the withdrawal of the candidatures.]
(2) In the case of the first Presidential and Vice-Presidential elections, the notifications under
sub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted.
(3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the
President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as
conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing
President or Vice-President, as the case may be, and the dates shall be so appointed under the said
sub-section that the election will be completed at such time as will enable the President or the
Vice-President thereby elected to enter upon his office on the day following the expiration of the term of
office of the outgoing President or Vice-President, as the case may be.
(4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by
reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be
issued as soon as may be after the occurrence of such vacancy.
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[5. Public notice of election.—On the issue of a notification under sub-section (1) of section 4, the
Returning Officer for the election shall give public notice of the intended election in such form and in
such 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.
5A. Nomination of candidates.—Any person may be nominated as a candidate for election to the
office of President or Vice-President if he is qualified to be elected to that office under the Constitution.
5B. Presentation of nomination papers and requirements for a valid nomination.—(1) On or
before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, either in
person or by any of his proposers or seconders, 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
public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed
by the candidate as assenting to the nomination, and
(a) in the case of Presidential election, also by at least 3
[fifty electors] as proposers and at least
3
[fifty electors] as seconders;
1. Subs. by Act 5 of 1974, s. 3, for sub-section (1) (w.e.f. .23-3-1974).
2. Subs. by s. 4, ibid., for section 5 (w.e.f. 23-3-1974)
3. Subs. by Act 35 of 1997, s. 2, for “ten electors” (w.e.f. 5-6-1997).
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(b) in the case of Vice-Presidential election, also by at least 1
[twenty electors] as proposers and at
least 1
[twenty electors] as seconders:
Provided that no nomination paper shall be presented to the Returning Officer on a day which is a
public holiday.
(2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the
candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an
elector.
(3) The Returning Officer shall not accept any nomination paper which is presented on any day
before eleven o‟clock in the forenoon and after three o‟clock in the afternoon.
(4) Any nomination paper which is not received before three o‟clock in the afternoon on the last date
appointed under clause (a) of sub-section (1) of section 4 or to which the certified copy referred to in
sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection
shall be recorded on the nomination paper itself.
(5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at
the same election and, if he does, his signature shall be inoperative on any paper other than the one first
delivered.
(6) Nothing in this section shall prevent any candidate from being nominated by more than one
nomination paper for the same election:
Provided that not more than four nomination papers shall be presented by or on behalf of any
candidate or accepted by the Returning Officer.
5C. Deposit.—(1) A candidate shall not be deemed to be duly nominated for election unless he
deposits or causes to be deposited a sum of 2
[fifteen thousand rupees]:
Provided that where a candiate has been nominated by more than one nomination paper for the same
election, not more than one deposit shall be required or him under this sub-section.
(2) The 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 presentation of the nomination paper under
sub-section (1) of section 5B, 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.
5D. Notice of nominations and the time and place for their scrutiny.—On the presentation of a
nomination paper, the Returning Officer shall—
(a) sign thereon a certificate stating the date and time of presentation of the nomination paper and
enter thereon its serial number;
(b) inform the person or persons presenting the nomination paper of the date, time and place fixed
for the scrutiny of nominations; and
(c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as
certified and numbered under clause (a).
5E. Scrutiny of nominations.—(1) On the date fixed for the scrutiny of nominations under
sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other
1. Subs. by Act 35 of 1997, s. 2, for “five electors” (w.e.f. 5-6-1997).
2. Subs. by s. 3, ibid., for “two thousand five hundred rupees” (w.e.f. 5-6-1997).
6
person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at
the time of scrutiny of nominations and the Returning Officer shall give them all reasonable facilities for
examining the nomination papers of all candidates which have not been rejected under sub-section (4) of
section 5B.
(2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the
date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of
section 5B.
(3) The Returning Officer shall then examine the nomination papers and shall decide all objections
which may be made to any nomination paper and may either on such objection or on his own motion,
after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following
grounds:—
(a) that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election
as President or Vice-President, as the case may be, under the Constitution; or
(b) that any of the proposers or seconders is not qualified to subscribe a nomination paper under
sub-section (1) of section 5B; or
(c) that the nomination paper is not subscribed by the required number of proposers or seconders;
or
(d) that the signature of the candidate or any of the proposers or seconders is not genuine or has
been obtained by fraud; or
(e) that there has been a failure to comply with any of the provisions of section 5B or section 5C.
(4) Nothing contained in clauses (b) to (e) of sub-section (3) shall be deemed to authorise the
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.
(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is
not of a substantial character.
(6) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b)
of sub-section (1) of section 4 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 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.
(7) 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.
(8) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being
in force 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 any of the disqualifications mentioned in
section 16 of the Representation of the People Act, 1950 (43 of 1950).]
6. Withdrawal of candidature.—(1) Any candidate may withdraw his candidature by a notice in
writing in the prescribed form subscribed by him and delivered before three o‟clock in the afternoon on
the date fixed under clause (c) of sub section (1) of section 4, to the Returning Officer either by such
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candidate in person or 1
[by any one of his proposers or seconders] who has been authorised in this behalf
in writing by such candidate.
(2) No person who has given notice of withdrawal of his candidature under sub-section (1) shall be
allowed to cancel the notice.
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[(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of 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. Death of candidate before poll.—If a candidate, whose nomination has been made and is found
to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by
the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election
Commission, and all proceedings with reference to the election shall be commenced a new in all respects
as if for a new election:
Provided that no further nomination shall be necessary in the case of a candidate whose nomination
was valid at the time of the countermanding of the poll:
Provided further that no person who has under sub-section (1) of section 6 given a notice of
withdrawal of his candidature before the countermanding of the poll shall be ineligible for being
nominated as a candidate for the election after such countermanding.
8. Procedure in contested and uncontested elections.—If after the expiry of the period within
which candidatures may be withdrawn under sub-section (1) of section 6—
(a) there is only one candidate who has been validly nominated and has not withdrawn his
candidature in the manner and within the time specified in that sub-section, the Returning Officer
shall forthwith declare such candidate to be duly elected to the office of President or Vice-President,
as the case may be;
(b) the number of candidates who have been duly nominated but have not so withdrawn their
candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as
may be prescribed a list containing the names in alphabetical order and addresses of candidates as
given in the nomination papers, together with such other particulars as may be prescribed, and a poll
shall be taken;
(c) there is no candidate who has been duly nominated and has not so withdrawn his candidature,
the Returning Officer shall report the fact to the Election Commission and thereafter all the
proceedings in relation to the election shall be commenced afresh and for that purpose the Election
Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such
election and issue another notification under that sub-section appointing the dates referred to in that
sub-section for the purposes of such fresh election.
9. 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, and no votes shall he received by proxy.
10. Counting of votes.—At every election where a poll is taken, votes shall be counted by, or under
the supervision of, the Returning Officer, and each candidate and one representative of each candidate
authorised in writing by the candidate, shall have a right to be present at the time of counting.
1. Subs. by Act 5 of 1974, s. 5, for “by his proposer or seconder”.
2. Subs. by s. 5, ibid., for sub-section (3).
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11. Declaration of results.—When the counting of the votes has been completed, the Returning
Officer shall forthwith declare the result of the election in the manner provided by this Act or the rules
made thereunder.
12. Report of the result.—As soon as may be after the result of an election has been declared, the
Returning Officer shall report the result to the Central Government and the Election Commission, and the
Central Government shall cause to be published in the Official Gazette the declaration containing the
name of the person elected to the office of President or Vice-President, as the case may be.