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[20A. Return or forfeiture of candidate’s deposit.—(1) The deposit made under section 5C shall
either be returned to the person making it or his legal representative or be forfeited to the Central
Government in accordance 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 referred to in clause (b) of section 8, 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 the election where
the poll has been taken, the candidate is not elected, and the number of valid votes polled by such
candidate does not exceed one-sixth of the number of votes necessary to secure the return of a candidate
at such election.]
21. Power to make rules.—(1) The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rulesfor 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:—
(a) the maintenance of a list of members of the electoral college referred to in article 54 with their
addresses corrected up to date for the purposes of Presidential elections;
(b) the maintenance of a list of 2
[members of the electoral college referred to in article 66] with
their addresses corrected up to date for the purposes of Vice-Presidential elections;
(c) the powers and duties of a Returning Officer and the performance by any officer appointed to
assist the Returning Officer of any function of the Returning Officer;
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[(cc) the form and manner in which public notice under section 5 shall be given by the Returning
Officer.]
(d) the form and manner in which nominations may be made and the procedure to be followed in
respect of the presentation of nomination papers;
(e) the scrutiny of nominations and, in particular, the manner in which such scrutiny shall be
conducted and the conditions and circumstances under which any person may be present or may enter
objections thereat;
(f) the publication of a list of valid nominations;
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[(g) the place and hours of polling, the manner in with votes are to be given both generally and in
the case of illiterate voters or voters not conversant with the language in which ballot papers are
printed or voter under physical or other disability and the procedure as to voting to be followed at
elections;]
1. Ins. by Act 5 of 1974, s. 8 (w.e.f. 23-3-1974).
2. Subs. by s. 9, ibid., for “members of both Houses of Parliament”.
3. Ins. by s. 9, ibid.
4. Subs. by s. 9, ibid., for clause (g).
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(h) the scrutiny and counting of votes including cases in which a re-count of the votes may be
made before the declaration of the result of the election;
(i) the safe custody of ballot boxes, ballot papers and other election papers, the period for which
such papers shall be preserved and the inspection and production of such papers;
(j) any other matter required to be prescribed by this Act.
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[(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 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 the validity of anything previously done under that rule.]
22. Maintenance of secrecy of voting.—(1) Every officer, clerk 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) 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.
23. Jurisdiction of civil courts barred.—Save as provided in Part III, 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.