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In force

The Finance Commission (Miscellaneous Provisions) Act, 1951

179 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. I — .— Nomination of Candidates
  3. 1The word "technical" omitted by Act 27 of 1956, s. 19 (w.e.f. 28-8-1956)
  4. IV — . — Disqualifications for voting
  5. 2Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956)
  6. VI — .
  7. 3The word and figures "section 54" omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961)
  8. 4The word, figures and letter "section 55A" omitted by Act 58 of 1958, s. 27 (w.e.f. 30-12-1958)
  9. 5Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957)
  10. II — .— Qualifications for Membership of State Legislatures
  11. 5AQualifications for membership of Legislative Assembly of Sikkim
  12. VII — .
  13. 6Certain words omitted by Act 40 of 1961, s. 16 (w.e.f. 20-9-1961)
  14. II — .— Qualifications for Membership of State Legislatures
  15. 7Definitions
  16. I — .— Nomination of Candidates
  17. 8The word "and" omitted by Act 20 of 1963, s. 57 and Sch. II (w.e.f. 13-5-1963)
  18. II — .— Qualifications for Membership of State Legislatures
  19. 8ADisqualification on ground of corrupt practices
  20. 9Disqualification for dismissal for corruption or disloyalty
  21. 9ADisqualification for Government contracts, etc
  22. 10Disqualification for office under Government company
  23. 10ADisqualification for failure to lodge account of election expenses
  24. 11Removal or reduction of period of disqualification
  25. IV — . — Disqualifications for voting
  26. 11ADisqualification arising out of conviction and corrupt practices
  27. 11BRemoval of disqualifications
  28. 12Notification for biennial election to the Council of States
  29. 12ANotification for election to fill the seat allotted to the State of Sikkim in the Council of States
  30. 14Notification for general election to the House of the People
  31. 14ANotification for electing the representative of the State of Sikkim to the existing House of the People
  32. 15Notification for general election to a State Legislative Assembly
  33. 15ANotification for certain elections to Legislative Councils
  34. 16Notification for biennial election to a State Legislative Council
  35. 19Definition
  36. 19ADelegation of functions of Election Commission
  37. 20General duties of chief electoral officers
  38. 20AGeneral duties of district election officer
  39. 20BObservers
  40. 21Returning officers
  41. 22Assistant returning officers
  42. 23Returning officer to include assistant returning officers performing the functions of the returning officer
  43. 24General duty of the returning officer
  44. 25Provision of polling stations for constituencies
  45. 26Appointment of presiding officers for polling stations
  46. 27General duty of the presiding officer
  47. 28Duties of a polling officer
  48. 28AReturning officer, presiding officer, etc., deemed to be on deputation to Election Commission
  49. 29Special provisions in the case of certain elections
  50. 29ARegistration with the Election Commission of associations and bodies as political parties
  51. 29BPolitical parties entitled to accept contribution
  52. 29CDeclaration of donation received by the political parties
  53. I — .— Nomination of Candidates
  54. 30Appointment of dates for nominations, etc
  55. 31Public notice of election
  56. 32Nomination of candidates for election
  57. 33ARight to information
  58. 33BCandidate to furnish information only under the Act and the rules
  59. 34Deposits
  60. 35Notice of nominations and the time and place for their scrutiny
  61. 36Scrutiny of nominations
  62. 37Withdrawal of candidature
  63. 38Publication of list of contesting candidates
  64. 39Nomination of candidates at other elections
  65. 39AAllocation of equitable sharing of time
  66. II — .
  67. 40Election agents
  68. 41Disqualification for being an election agent
  69. 42Revocation of the appointment, or death, of an election agent
  70. 45Functions of election agents
  71. 46Appointment of polling agents
  72. 47Appointment of counting agents
  73. 48Revocation of the appointment, or death of a polling agent or counting agent
  74. 49Functions of polling agents and counting agents
  75. 50Section 50
  76. 51Non-attendance of polling or counting agents
  77. III — .
  78. 52Death of a candidate of recognised political party before poll
  79. 53Procedure in contested and uncontested elections
  80. 55Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
  81. IV — .— The Poll
  82. 56Fixing time for poll
  83. 57Adjournment of poll in emergencies
  84. 58Fresh poll in the case of destruction, etc., of ballot boxes
  85. 58AAdjournment of poll or countermanding of election on the ground of booth capturing
  86. 59Manner of voting at elections
  87. 60Special procedure for voting by certain classes of persons
  88. 61Special procedure for preventing personation of electors
  89. 61AVoting machines at elections
  90. 62Right to vote
  91. V — .
  92. 64Counting of votes
  93. 64ADestruction, loss, etc., of ballot papers at the time of counting
  94. 65Equality of votes
  95. 66Declaration of results
  96. 67Report of the result
  97. 67ADate of election of candidate
  98. VI — .
  99. 68Vacation of seats when elected to both Houses of Parliament
  100. 69Vacation of seats by persons already members of one House on election to other House of Parliament
  101. 70Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State
  102. VII — .
  103. 71Publication of results of elections to the Council of States and of names of persons nominated by the President
  104. 73Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto
  105. 73ASpecial provisions as to certain elections
  106. 74Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
  107. 75ADeclaration of assets and liabilities
  108. VIII — .
  109. 76Application of Chapter
  110. 77Account of election expenses and maximum thereof
  111. 78Lodging of account with the[1] [district election officer]
  112. 78AFree supply of copies of electoral rolls
  113. 78BSupply of certain items to candidates, etc
  114. I — INTERPRETATON
  115. 79Definitions
  116. II — .
  117. 80Election petitions
  118. 80AHigh Court to try election petitions
  119. 81Presentation of petitions
  120. 83Contents of petition
  121. 84Relief that may be claimed by the petitioner
  122. III — TRIAL OF ELECTION PETITIONS
  123. 87Procedure before the High Court
  124. 93Documentary evidence
  125. 94Secrecy of voting not to be infringed
  126. 95Answering of criminating questions and certificate of indemnity
  127. 96Expenses of witnesses
  128. 97Recrimination when seal claimed
  129. 98Decision of the High Court
  130. 99Other orders to be made by the High Court
  131. 100Grounds for declaring election to be void
  132. 101Grounds for which a candidate other than the returned candidate may be declared to have been elected
  133. 102Procedure in case of an equality of votes
  134. 103Communication of orders of the High Court
  135. 106Transmission of order to the appropriate authority, etc., and its publication
  136. 107Effect of orders of the High Court
  137. IV — WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS
  138. 109Withdrawal of election petitions
  139. 110Procedure for withdrawal of election petitions
  140. 111Report of withdrawal by the High Court to the Election Commission
  141. 112Abatement of election petitions
  142. 116Abatement or substitution on death of respondent
  143. 116AAppeals to Supreme Court
  144. 116BStay of operation of order of High Court
  145. 116CProcedure in appeal
  146. V — COSTS AND SECURITY FOR COSTS
  147. 117Security for costs
  148. 118Security for costs from a respondent
  149. 119Costs
  150. 121Payment of costs out of security deposits and return of such deposits
  151. 122Execution of orders as to costs
  152. 123Corrupt practices
  153. III — ELECTORAL OFFENCES
  154. 125Promoting enmity between classes in connection with election
  155. 125APenalty for filing false affidavit, etc
  156. 126Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
  157. 126ARestriction on publication and dissemination of result of exit polls, etc
  158. 126BOffences by companies
  159. 127Disturbances at election meetings
  160. 127ARestrictions on the printing of pamphlets, posters, etc
  161. 128Maintenance of Secrecy of voting
  162. 129Officers, etc., at elections not to act for candidates or to influence voting
  163. 130Prohibition of canvassing in or near polling stations
  164. 131Penalty for disorderly conduct in or near polling stations
  165. 132Penalty for misconduct at the polling station
  166. 132APenalty for failure to observe procedure for voting
  167. 133Penalty for illegal hiring or procuring of conveyance at elections
  168. 134Breaches of official duty in connection with elections
  169. 134APenalty for Government servants for acting as election agent, polling agent or counting agent
  170. 134BProhibition of going armed to or near a polling station
  171. 135Removal of ballot papers from polling station to be an offence
  172. 135AOffence of booth capturing
  173. 135BGrant of paid holiday to employees on the day of poll
  174. 135CLiquor not to be sold, given or distributed on polling day
  175. 136Other offences and penalties therefor
  176. 146Powers of Election Commission
  177. 146AStatements made by person to the Election Commission
  178. 146BProcedure to be followed by the Election Commission
  179. 146CProtection of action taken in good faith
  180. 147Casual vacancies in the Council of States
  181. 149Casual vacancies in the House of the People
  182. 150Casual vacancies in the State Legislative Assemblies
  183. 151Casual vacancies in the State Legislative Councils
  184. 151ATime limit for filling vacancies referred to in sections 147, 149, 150 and 151
  185. 152List of members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned
  186. 153Extension of time for completion of election
  187. 154Term of office of members of the Council of States
  188. 155Commencement of the term of office of members of the Council of States
  189. 156Term of office of members of State Legislative Councils
  190. 157Commencement of the term of office of members of the Legislative Councils
  191. 158Return or forfeiture of candidate's deposit
  192. 159Staff of certain authorities to be made available for election work
  193. 160Requisitioning of premises, vehicles, etc., for election purposes
  194. 161Payment of compensation
  195. 162Power to obtain information
  196. 163Powers of entry into and inspection of premises, etc
  197. 164Eviction from requisitioned premises
  198. 165Release of premises from requisition
  199. 166Delegation of functions of the State Government with regard to requisitioning
  200. 167Penalty for contravention of any order regarding requisitioning
  201. 169Power to make rules
  202. 170Jurisdiction of civil courts barred