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 State of Sikkim to elect the representative in
accordance with such of the provisions of this Act, and the rules and orders made 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).
17
(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)] 7
[and constituting the
Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014
(6 of 2014)] 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 8*** 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.]