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).
22
(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 the
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 from 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, letters and figures omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
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. 1-8-1996).
10. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
23
(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).
24
(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 to 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. 2-5-2002).
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).
25
(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 (w.e.f 1-11-1956).
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).
26
(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).
27
(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” (w.e.f. 1-11-1956).
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).
28
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 purposes 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 AGENTS
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
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. 11-9-2003).
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).
29
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.]
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
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).
30
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.
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 recognised, 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
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).
31
the State Legislative Assembly or the members of the electoral college concerned 1*** as the case may be, to
elect a person or persons to fill the remaining seat or seats 2***:
Provided that where the constituency or the elected members or the members of the State Legislative
Assembly or the members of the electoral college 3*** 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 4
[Election Commission] shall not be bound to call again upon the constituency, or such
members to elect a person or persons 5
[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 6
[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, 1958 (58 of 1958), s. 22 (w.e.f. 30-12-1958).
CHAPTER IV.—The Poll
56. Fixing time for poll.—The 7
[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 8
[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).
9
[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
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. Certain words omitted by Act 27 of 1956, s. 30 (w.e.f. 28-8-1956).
3. 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).
4. Subs. by Act 27 of 1956, s. 30, for “appropriate authority” (w.e.f. 28-8-1956).
5. Subs. by s. 30, ibid., for “until such date as the Election Commission may specify in this behalf” (w.e.f. 28-8-1956).
6. Added by Act 20 of 1963, s. 57 and the second Schedule (w.e.f. 13-5-1963).
7. Subs. by s. 34, ibid., for “appropriate authority” (w.e.f. 28-8-1956).
8. Subs. by Act 58 of 1958, s. 23, for “a Constituency” (w.e.f. 30-12-1958).
9. Subs. by Act 40 of 1961, s. 13, for section 58 (w.e.f. 20-9-1961).
32
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
[(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 1
[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
capturing.—(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]:
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).
33
1
[Provided that the votes at every election to fill a seat or seats in the Council of States shall be given
by open ballot.]
2
[60. Special procedure 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 3
[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 requirements 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.]
4
[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].
5
[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
1. Ins. by Act 40 of 2003, s. 3 (w.e.f. 28-8-2003).
2. Subs. by Act 24 of 2003, s. 3, for section 60 (w.e.f. 22-9-2003).
3. Subs. by Act 49 of 2021, s. 6, for “wife” (w.e.f. 1-8-2022), Vide S.O. 2805(E), dated 17th June, 2022.
4. Subs. by Act 58 of 1958, s. 25, for section 61 (w.e.f. 30-12-1958).
5. Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989).
34
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.]
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
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).
35
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.
(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.
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).
36
(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.
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 RESULT AND NOMINATION
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 States and by the
members of the electoral colleges for the various 3
[Union territories] at the said elections together with the
name of any persons nominated by the President to 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 and of names of persons nominated thereto.—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,—
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” (w.e.f. 1-11-1956).
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).
37
(a) the notification under section 73 may be issued without taking into account the Parliamentary
constituencies in the State of Jammu and Kashmir; and
(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 (w.e.f. 1-11-1956).
3. Ins. by Act 72 of 2002, s. 4 (w.e.f. 24-8-2002).
38
(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 (K) 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.r.e.f. 6-8-1975).
3. Subs. by Act 46 of 2003, s. 4, for the Explanations 1 and 3 (w.e.f. 11-9-2003).
39
(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 1
[district election officer].—2
[(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 1
[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.]