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In force

The Representation of the People Act, 1951

179 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. III — ELECTORAL OFFENCES
  3. 1See the Conduct of Election Rules, 1961
  4. III — .— Electoral Offences
  5. 2Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957)
  6. I — . — Qualifications for Membership of Parliament
  7. 3Qualification for membership of the Council of States
  8. III — ELECTORAL OFFENCES
  9. 4Certain words omitted by Act 49 of 1951, s. 44 and Sch. IV (w.e.f. 6-9-1951)
  10. II — .— Qualifications for Membership of State Legislatures
  11. 5Qualifications for membership of a Legislative Assembly
  12. 5AQualifications for membership of Legislative Assembly of Sikkim
  13. 6Qualifications for membership of a Legislative Council
  14. 7Definitions
  15. I — .— Nomination of Candidates
  16. 8The word "and" omitted by Act 20 of 1963, s. 57 and Sch. II (w.e.f. 13-5-1963)
  17. II — .— Qualifications for Membership of State Legislatures
  18. 8ADisqualification on ground of corrupt practices
  19. 9Disqualification for dismissal for corruption or disloyalty
  20. 9ADisqualification for Government contracts, etc
  21. 10Disqualification for office under Government company
  22. 10ADisqualification for failure to lodge account of election expenses
  23. 11Removal or reduction of period of disqualification
  24. IV — . — Disqualifications for voting
  25. 11ADisqualification arising out of conviction and corrupt practices
  26. 11BRemoval of disqualifications
  27. 12Notification for biennial election to the Council of States
  28. 12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States
  29. 14Notification for general election to the House of the People
  30. 14ANotification for electing the representative of the State of Sikkim to the existing House of the People
  31. 15Notification for general election to a State Legislative Assembly
  32. 15ANotification for certain elections to Legislative Councils
  33. 16Notification for biennial election to a State Legislative Council
  34. 19Definition
  35. 19ADelegation of functions of Election Commission
  36. 20General duties of chief electoral officers
  37. 20AGeneral duties of district election officer
  38. 20BObservers
  39. 21Returning officers
  40. 22Assistant returning officers
  41. 23Returning officer to include assistant returning officers performing the functions of the returning officer
  42. 24General duty of the returning officer
  43. 25Provision of polling stations for constituencies
  44. 26Appointment of presiding officers for polling stations
  45. 27General duty of the presiding officer
  46. 28Duties of a polling officer
  47. 28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission
  48. 29Special provisions in the case of certain elections
  49. 29ARegistration with the Election Commission of associations and bodies as political parties
  50. 29BPolitical parties entitled to accept contribution
  51. 29CDeclaration of donation received by the political parties
  52. I — .— Nomination of Candidates
  53. 30Appointment of dates for nominations, etc
  54. 31Public notice of election
  55. 32Nomination of candidates for election
  56. 33ARight to information
  57. 33BCandidate to furnish information only under the Act and the rules
  58. 34Deposits
  59. 35Notice of nominations and the time and place for their scrutiny
  60. 36Scrutiny of nominations
  61. 37Withdrawal of candidature
  62. 38Publication of list of contesting candidates
  63. 39Nomination of candidates at other elections
  64. 39AAllocation of equitable sharing of time
  65. II — .
  66. 40Election agents
  67. 41Disqualification for being an election agent
  68. 42Revocation of the appointment, or death, of an election agent
  69. 45Functions of election agents
  70. 46Appointment of polling agents
  71. 47Appointment of counting agents
  72. 48Revocation of the appointment, or death of a polling agent or counting agent
  73. 49Functions of polling agents and counting agents
  74. 50Section 50
  75. 51Non-attendance of polling or counting agents
  76. III — .
  77. 52Death of a candidate of recognised political party before poll
  78. 53Procedure in contested and uncontested elections
  79. 55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
  80. IV — .— The Poll
  81. 56Fixing time for poll
  82. 57Adjournment of poll in emergencies
  83. 58Fresh poll in the case of destruction, etc., of ballot boxes
  84. 58AAdjournment of poll or countermanding of election on the ground of booth capturing
  85. 59Manner of voting at elections
  86. 60Special procedure for voting by certain classes of persons
  87. 61Special procedure for preventing personation of electors
  88. 61AVoting machines at elections
  89. 62Right to vote
  90. V — .
  91. 64Counting of votes
  92. 64ADestruction, loss, etc., of ballot papers at the time of counting
  93. 65Equality of votes
  94. 66Declaration of results
  95. 67Report of the result
  96. 67ADate of election of candidate
  97. VI — .
  98. 68Vacation of seats when elected to both Houses of Parliament
  99. 69Vacation of seats by persons already members of one House on election to other House of Parliament
  100. 70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
  101. VII — .
  102. 71Publication of results of elections to the Council of States and of names of persons nominated by the President
  103. 73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto
  104. 73ASpecial provisions as to certain elections
  105. 74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
  106. 75ADeclaration of assets and liabilities
  107. VIII — .
  108. 76Application of Chapter
  109. 77Account of election expenses and maximum thereof
  110. 78Lodging of account with the[1] [district election officer]
  111. 78AFree supply of copies of electoral rolls
  112. 78BSupply of certain items to candidates, etc
  113. I — INTERPRETATON
  114. 79Definitions
  115. II — .
  116. 80Election petitions
  117. 80AHigh Court to try election petitions
  118. 81Presentation of petitions
  119. 83Contents of petition
  120. 84Relief that may be claimed by the petitioner
  121. III — TRIAL OF ELECTION PETITIONS
  122. 87Procedure before the High Court
  123. 93Documentary evidence
  124. 94Secrecy of voting not to be infringed
  125. 95Answering of criminating questions and certificate of indemnity
  126. 96Expenses of witnesses
  127. 97Recrimination when seal claimed
  128. 98Decision of the High Court
  129. 99Other orders to be made by the High Court
  130. 100Grounds for declaring election to be void
  131. 101Grounds for which a candidate other than the returned candidate may be declared to have been elected
  132. 102Procedure in case of an equality of votes
  133. 103Communication of orders of the High Court
  134. 106Transmission of order to the appropriate authority, etc., and its publication
  135. 107Effect of orders of the High Court
  136. IV — WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS
  137. 109Withdrawal of election petitions
  138. 110Procedure for withdrawal of election petitions
  139. 111Report of withdrawal by the High Court to the Election Commission
  140. 112Abatement of election petitions
  141. 116Abatement or substitution on death of respondent
  142. 116AAppeals to Supreme Court
  143. 116BStay of operation of order of High Court
  144. 116CProcedure in appeal
  145. V — COSTS AND SECURITY FOR COSTS
  146. 117Security for costs
  147. 118Security for costs from a respondent
  148. 119Costs
  149. 121Payment of costs out of security deposits and return of such deposits
  150. 122Execution of orders as to costs
  151. 123Corrupt practices
  152. III — ELECTORAL OFFENCES
  153. 125Promoting enmity between classes in connection with election
  154. 125APenalty for filing false affidavit, etc
  155. 126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
  156. 126ARestriction on publication and dissemination of result of exit polls, etc
  157. 126BOffences by companies
  158. 127Disturbances at election meetings
  159. 127ARestrictions on the printing of pamphlets, posters, etc
  160. 128Maintenance of Secrecy of voting
  161. 129Officers, etc., at elections not to act for candidates or to influence voting
  162. 130Prohibition of canvassing in or near polling stations
  163. 131Penalty for disorderly conduct in or near polling stations
  164. 132Penalty for misconduct at the polling station
  165. 132APenalty for failure to observe procedure for voting
  166. 133Penalty for illegal hiring or procuring of conveyance at elections
  167. 134Breaches of official duty in connection with elections
  168. 134APenalty for Government servants for acting as election agent, polling agent or counting agent
  169. 134BProhibition of going armed to or near a polling station
  170. 135Removal of ballot papers from polling station to be an offence
  171. 135AOffence of booth capturing
  172. 135BGrant of paid holiday to employees on the day of poll
  173. 135CLiquor not to be sold, given or distributed on polling day
  174. 136Other offences and penalties therefor
  175. 146Powers of Election Commission
  176. 146AStatements made by person to the Election Commission
  177. 146BProcedure to be followed by the Election Commission
  178. 146CProtection of action taken in good faith
  179. 147Casual vacancies in the Council of States
  180. 149Casual vacancies in the House of the People
  181. 150Casual vacancies in the State Legislative Assemblies
  182. 151Casual vacancies in the State Legislative Councils
  183. 151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151
  184. 152List of members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned
  185. 153Extension of time for completion of election
  186. 154Term of office of members of the Council of States
  187. 155Commencement of the term of office of members of the Council of States
  188. 156Term of office of members of State Legislative Councils
  189. 157Commencement of the term of office of members of the Legislative Councils
  190. 158Return or forfeiture of candidate's deposit
  191. 159Staff of certain authorities to be made available for election work
  192. 160Requisitioning of premises, vehicles, etc., for election purposes
  193. 161Payment of compensation
  194. 162Power to obtain information
  195. 163Powers of entry into and inspection of premises, etc
  196. 164Eviction from requisitioned premises
  197. 165Release of premises from requisition
  198. 166Delegation of functions of the State Government with regard to requisitioning
  199. 167Penalty for contravention of any order regarding requisitioning
  200. 169Power to make rules
  201. 170Jurisdiction of civil courts barred