In force · As amended up to 2026-08
2. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).
3. Ins. by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956).
4. The words and figures "or section 124" omitted by s. 3, ibid. (w.e.f. 28-8-1956).
5. Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).
6. The words "other than the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95, 96 and Sch. IV (w.e.f. 31-10-2019).
2. Interpretation.— (1) In this Act, unless the context otherwise requires, —
(a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act;
(b) "appropriate authority" means, in relation to an election to the House of the People or the Council of States[2] *, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;
3[(bb) "chief electoral officer" means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);]
(c) "corrupt practice" means any of the practices specified in section 123[4] *;
5 [(cc) "district election officer" means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);]
(d) "election" means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State[6] *[7] *;
8 [(e) "elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);]
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).
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 —
9[(f) "political party" means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;]
(g) "prescribed" means prescribed by rules made under this Act;
5[(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);]
10[(i)] "sign", in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed.
11* * * * *[12] * * * * *
1. The words "and illegal" omitted by Act 27 of 1956, s. 2 (w.e.f. 28-8-1956).
2. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
3. Added by Act 20 of 1963, s. 57 and Sch. II (w.e.f. 13-5-1963).
4. Ins. by Act 37 of 1957, s. 13 (w.e.f. 18-9-1957).
5. Subs. by Act 1 of 2006, s. 5, for "under the Legislative Councils Act, 1957" (w.e.f. 11-1-2006).
6. Ins. by Act 16 of 2010, s. 5 (w.e.f. 18-5-2010).
7. Ins. by Act 6 of 2014, s. 98 (w.e.f. 2-6-2014).
8. The words "or Rajpramukh, as the case may be," omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956). 9. The words "an electoral college constituency or" omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957). 10. Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).
11. Subs. by Act 27 of 1956, s. 9, for sections 20 and 21 (w.e.f. 28-8-1956).
12. Ins. by Act 47 of 1966, s. 22 (w.e.f. 14-12-1966).
work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State.
(2) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.]
(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.]
Source: India Code