Taxmann's Representation of the People Act 1950 with Rules

REPRESENTATION

1. Short title 1 2. Definitions 1 PART II ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES

The House of the People

3. Allocation of seats in the House of the People 3

3A. [Repealed by the Representation of the People (Amendment) Act, 1958, w.e.f. 30-12-1958] 3

4. Filling of seats in the House of the People and parliamentary constituencies 3

5. [Repealed by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956] 4

6. [Repealed by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956] 4 The State Legislative Assemblies

7. Total number of seats in Legislative Assemblies and assembly constituencies 4

7A.

9A.

9B.

CONTENTS

PAGE

17. No person to be registered in more than one constituency 15

18. No person to be registered more than once in any constituency 15

19. Conditions of registration 15

20. Meaning of “ordinarily resident” 16

20A. Special provisions for citizens of India residing outside India 19

21. Preparation and revision of electoral rolls 20

22. Correction of entries in electoral rolls 20

23. Inclusion of names in electoral rolls 22

24. Appeals 23

25. Fee for applications and appeals 24

25A. Conditions of registration as elector in Sangha Constituency in Sikkim 24

PART IV

ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES

26. [Repealed by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956] 24

27. Preparation of electoral roll for Council constituencies 24

PART IVA

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES

27A. Constitution of Electoral Colleges for the filling of seats in the Council of States allotted to Union territories 26

27B. [Repealed by the Territorial Council Act, 1956, w.e.f. 1-1-1957] 27

27C. [Repealed by the Territorial Council Act, 1956, w.e.f. 1-1-1957] 27

27D. [Repealed by the Territorial Council Act, 1956, w.e.f. 1-1-1957] 27

27E. [Repealed by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956] 27

27F. [Repealed by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956] 27

27G. Termination of membership of electoral college for certain disqualifications 27

27H. Manner of filling of seats in the Council of States allotted to Union territories 27

27-I. [Repealed by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956] 28

27J. Powers of electoral colleges to elect notwithstanding

27K. [Repealed by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956]

of

FIFTH SCHEDULE : [Rep. by the Government of Union Territories Act, 1963, w.e.f. 13-5-1963]

SIXTH SCHEDULE : [ Rep. by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956]

SEVENTH

[ Rep. by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956]

REPRESENTATION OF THE PEOPLE ACT, 1951

PART II

QUALIFICATIONS AND DISQUALIFICATIONS

CHAPTER I

QUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT

3. Qualification for membership of the Council of States 45

4. Qualifications for membership of the House of the People 46

CHAPTER II

QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES

5. Qualifications for membership of a Legislative Assembly

5A. Qualifications for membership of Legislative Assembly of Sikkim

6. Qualifications for membership of a Legislative Council

CHAPTER III

DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES

7. Definitions

8. Disqualification on conviction for certain offences

8A. Disqualification on ground of corrupt practices

9. Disqualification for dismissal for corruption or disloyalty

9A. Disqualification for Government contracts, etc.

10. Disqualification for office under Government company

10A. Disqualification for failure to lodge account of election expenses

11. Removal or reduction of period of disqualification

CHAPTER IV

DISQUALIFICATIONS FOR VOTING

PART III

NOTIFICATION OF GENERAL ELECTIONS

12. Notification for biennial election to the Council of States

12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States

13. [Repealed by the Territorial Councils Act, 1956, w.e.f. 1-1-1957]

14. Notification for general election to the House of the People

14A. Notification for electing the representative of the State of Sikkim to the existing House of the People

15. Notification for general election to a State Legislative Assembly

15A. Notification for certain elections to Legislative Councils

16. Notification for biennial election to a State Legislative Council

17. [Omitted by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

18. [Omitted by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

PART IV

ADMINISTRATIVE

19. Definition

28. Duties of a

28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission

29. Special provisions in the case of certain elections

PART IVA

REGISTRATION OF

29A. Registration with the Election Commission of associations and bodies as political parties

CONTENTS

29B. Political parties entitled to accept contribution 61

29C. Declaration of donation received by the political parties 61

PART V

CONDUCT OF ELECTIONS

CHAPTER I

NOMINATION OF CANDIDATES

30. Appointment of dates for nominations, etc. 62

31. Public notice of election 63

32. Nomination of candidates for election 63

33. Presentation of nomination paper and requirements for a valid nomination 63

33A. Right to information 66

33B. Candidate to furnish information only under the Act and the rules 66

34. Deposits 66

35. Notice of nominations and the time and place for their scrutiny 67

36. Scrutiny of nomination 67

37. Withdrawal of candidature 69

38. Publication of list of contesting candidates 69

39. Nomination of candidates at other elections 70

39A. Allocation of equitable sharing of time 71

CHAPTER II

CANDIDATES AND THEIR AGENTS

40. Election agents 72

41. Disqualification for being an election agent 72

42. Revocation of the appointment, or death, of an election agent 72

43. [Repealed by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956] 72

44. [Repealed by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956] 73

45. Functions of election agents 73

46. Appointment of polling agents 73

47. Appointment of counting agents 73

48. Revocation of the appointment, or death, of a polling agent or counting agent 73

49. Functions of polling agents and counting agents

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

51. Non-attendance of polling or counting agents

CHAPTER III

GENERAL PROCEDURE AT ELECTIONS

52. Death of a candidate of a recognised political party before poll

53. Procedure in contested and uncontested elections

54. [Repealed by the Representation of the People (Amendment) Act, 1961, 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

55A. [Repealed by the Representation of the People (Amendment) Act, 1958, w.e.f. 30-12-1958]

CHAPTER IV

56. Fixing time for poll

57. Adjournment of poll in emergencies

58. Fresh poll in the case of destruction, etc., of ballot boxes

58A. Adjournment of poll or countermanding of election on the ground of booth capturing

59. Manner of voting at elections

60. Special procedure for voting by certain classes of persons

61. Special procedure for preventing personation of electors

61A. Voting machines at elections

62. Right to vote

63. [Repealed by the Representation of the People (Amendment) Act, 1961 w.e.f. 20-9-1961]

CHAPTER V

COUNTING OF VOTES

64. Counting of votes

64A. Destruction, loss, etc., of ballot papers at the time of counting

65. Equality of votes

CONTENTS

PAGE

66. Declaration of results 81

67. Report of the result 81

67A. Date of election of candidate 81

CHAPTER VI

MULTIPLE ELECTIONS

68. Vacation of seats when elected to both Houses of Parliament 82

69. Vacation of seats by persons already members of one House on election to other House of Parliament 82

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 82

CHAPTER VII

PUBLICATION OF ELECTION RESULTS AND NOMINATIONS

71. Publication of results of elections to the Council of States and of names of persons nominated by the President 82

72. [Repealed by the Territorial Councils Act, 1956, w.e.f. 1-1-1957] 83

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 83

73A. Special provisions as to certain elections 83

74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils 84

75. [Omitted by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956] 84

CHAPTER VIIA

DECLARATION OF ASSETS AND LIABILITIES

75A. Declaration of assets and liabilities 84

CHAPTER VIII

ELECTION EXPENSES

76. Application of Chapter 85

77. Account of election expenses and maximum thereof 86

78. Lodging of account with the district election officer 87

PART VA

FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES

78A. Free supply of copies of electoral rolls

78B. Supply of certain items to candidates, etc.

VI

80. Election

80A.

83. Contents of

84. Relief that may be claimed by the

85. [Repealed by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966]

CHAPTER III

86. Trial of election petitions

87. Procedure before the High Court

88. to 92. [Omitted by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966]

93. Documentary

of

95. Answering of criminating questions and certificate of indemnity

96. Expenses of witnesses

97. Recrimination when seat claimed

98. Decision of the High Court

CONTENTS

99. Other orders to be made by the High Court

100. Grounds for declaring election to be void

101. Grounds for which a candidate other than the returned candidate may be declared to have been elected

102. Procedure in case of an equality of votes

103. Communication of orders of the High Court

104. [Repealed by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

105. [Repealed by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

106. Transmission of order to the appropriate authority, etc., and its publication

107. Effect of orders of the High Court

CHAPTER IV

WITHDRAWAL AND ABATEMENT OF ELECTION PETITIONS

108. [Repealed by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966]

109. Withdrawal of election

110. Procedure for withdrawal of

111. Report of withdrawal by the High Court to the Election Commission

112. Abatement of election

113. to 115. [Omitted by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966]

116. Abatement or substitution on death of respondent

116A. Appeals to Supreme Court

116B. Stay of operation of order of High Court

116C. Procedure in appeal

CHAPTER

V

119. Costs

119A. & 120. [Omitted by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966]

121. Payment of costs out of security deposits and return of such deposits

122. Execution of orders as to costs

PART VII

CORRUPT PRACTICES AND ELECTORAL OFFENCES

CHAPTER I

CORRUPT PRACTICES

123. Corrupt practices

124. [Omitted by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

CHAPTER II

[Omitted by the Representation of the People (Second Amendment) Act, 1956, w.e.f. 28-8-1956]

CHAPTER III

ELECTORAL OFFENCES

125. Promoting enmity between classes in connection with election

125A. Penalty for filing false affidavit, etc.

126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll

126A. Restriction on publication and dissemination of result of exit polls, etc.

126B. Offences by companies

127. Disturbances at election meetings

127A. Restrictions on the printing of pamphlets, posters, etc.

128. Maintenance of secrecy of voting

129. Officers, etc., at elections not to act for candidates or to influence voting

130. Prohibition of canvassing in or near polling stations

131. Penalty for disorderly conduct in or near polling stations

132. Penalty for misconduct at the polling station

132A. Penalty for failure to observe procedure for voting

133. Penalty for illegal hiring or procuring of conveyance at elections

CONTENTS

134. Breaches of official duty in connection with elections 114

134A. Penalty for Government servants for acting as election agent, polling agent or counting agent 114

134B. Prohibition of going armed to or near a polling station 114

135. Removal of ballot papers from polling station to be an offence 115

135A. Offence of booth capturing 115

135B. Grant of paid holiday to employees on the day of poll 116

135C. Liquor not to be sold, given or distributed on polling day 116

136. Other offences and penalties therefor 117

137. [Repealed by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966] 118

138. [Repealed by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957] 118

PART VIII

DISQUALIFICATIONS

139145. [Repealed by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966] 118

CHAPTER IV

POWERS OF ELECTION COMMISSION IN CONNECTION WITH INQUIRIES AS TO DISQUALIFICATIONS OF MEMBERS

146. Powers of Election Commission 118

146A. Statements made by persons to the Election Commission 119

146B. Procedure to be followed by the Election Commission 119

146C. Protection of action taken in good faith 119

PART IX BYE-ELECTIONS

147. Casual vacancies in the Council of States 119

148. [Repealed by the Territorial Councils Act, 1956, w.e.f. 1-1-1957] 120

149. Casual vacancies in the House of the People 120

150. Casual vacancies in the State Legislative Assemblies 120

151. Casual vacancies in the State Legislative Councils 121

151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151 121

PART X MISCELLANEOUS

152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned

153. Extension of time for completion of election

154. Term of office of members of the Council of States 122

155. Commencement of the term of office of members of the Council of States 122

156. Term of office of members of State Legislative Councils 122

157. Commencement of the term of office of members of the Legislative Councils. 123

158. Return of forfeiture of candidate’s deposit 123

159. Staff of certain authorities to be made available for election work 124

160. Requisitioning of premises, vehicles, etc., for election purposes 124

161. Payment of compensation

162. Power to obtain information

163. Powers of entry into and inspection of premises, etc.

164. Eviction from requisitioned premises

165. Release of premises from requisition

166. Delegation of functions of the State Government with regard to requisitioning 127

167. Penalty for contravention of any order regarding requisitioning

168. [Repealed by the Rulers of Indian States (Abolition of Privileges) Act, 1972, w.e.f. 9-9-1972]

169. Power to make rules

170. Jurisdiction of civil courts barred

171. [Repealed by the Repealing and Amending Act, 1957, w.e.f. 17-9-1957]

PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959

1. Short title

2. Definitions

3. Certain offices of profit not to disqualify

4. Temporary suspension of disqualification in certain cases 142

5. Repeals 142 SCHEDULE 142

REGISTRATION OF ELECTORS RULES, 1960

1. Short title and commencement

2. Definitions and interpretation

ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES

3. Meaning of constituency

4. Form and languages of roll

5. Preparation of roll in parts

6. Order of names

7. Statement under section 20 153

8. Information to be supplied by occupants of dwelling-houses 153

8A. Manner of giving notice for registration of persons as overseas electors 153

8B. Inclusion of names of overseas electors in the rolls 153

9. Access to certain registers

10. Publication of roll in draft

11. Further publicity to the roll and notice

12. Period for lodging claims and objections

13. Form for claims and objections

14. Manner of lodging claims and objections

15. Procedure of designated officers

CONTENTS

16. Procedure of registration officer 156

17. Rejection of certain claims and objections 157

18. Acceptance of claims and objections without inquiry 157

19. Notice of hearing claims and objections 157

20. Inquiry into claims and objections 157

21. Inclusion of names inadvertently omitted 158

21A. Deletion of names 158

22. Final publication of roll 159

23. Appeals from orders deciding claims and objections 159

24. Special provision for preparation of rolls on redelimitation of constituencies 160

24A. Special provision for preparation of rolls of pre-delimited constituencies 160

25. Revision of rolls 160

26. Correction of entries and inclusion of names in electoral rolls 161

26A. Merger and integration of list of amendments 162

26B. Special Provision for providing Aadhaar number by existing electors 162

27. Appeals under section 24 of the Act 162

28. Identity cards for electors in notified constituencies 163

PART III

ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES IN THE UNION TERRITORY OF DELHI

29. Rolls for the Parliamentary constituencies in the Union territory of Delhi 164

PART IV

ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES

30. Rolls for local authorities’ constituencies 164

31. Rolls for graduates’ and teachers’ constituencies 165

PART V

PRESERVATION AND DISPOSAL OF ELECTORAL ROLLS

32. Custody and preservation of rolls and connected papers 166

33. Inspection of electoral rolls and connected papers 167

34. Disposal of electoral rolls and connected papers 167

35. Use of old Forms

FORM 1 : The Registration of Electors Rules, 1960 statement as to place of ordinary residence by a person holding a declared office

FORM 2 : The Registration of Electors Rules, 1960 statement as to place of ordinary residence by member of the Armed Forces

FORM 2A : The Registration of Electors Rules, 1960 statement as to place of ordinary residence by member of the Armed Police Force of a State, who is serving outside that State

FORM 3 : The Registration of Electors Rules, 1960 Statement as to place of ordinary residence by a person employed under the Government of India in a post outside India

FORM 4 : Letter of request

FORM 5 : Notice of publication of Electoral Roll in Draft 175

FORM 6 : Election Commission of India application form for new voters 176

FORM 6A : Application for inclusion of name in Electoral Roll by an Overseas Elector

FORM 6B : Election Commission of India letter of Information of Aadhaar Number for the purpose of Electoral Roll Authentication

FORM 7 : Election Commission of India Voter application Form for objection for proposed inclusion/deletion of name in existing Electoral Roll

FORM 8 : Election Commission of India Voter application form for shifting of residence/correction of entries in existing Electoral Roll/replacement of EPIC/marking of PWD

FORM 8A : [Omitted by the Registration of Electors (Amendment) Rules, 2022, w.e.f. 1-8-2022]

FORM 8B : [Omitted by the Registration of Electors (Amendment) Rules, 2022, w.e.f. 1-8-2022]

FORM 9

FORM 10

FORM 11 : List of objections/application for correction of entries/ replacement of EPIC/making of PWD received in Form 8

FORM 11A : List of applications for shifting of address within the constituency received in Form 8

FORM 11B : List of applications for shifting of address outside the constituency received in Form 8

FORM 12 : Notice of hearing of a claim 193

FORM 13 : Notice to the objector 194

FORM 14 : Notice to the person in respect of whom objection has been made 196

FORM 15 : Notice of hearing of an objection to particulars in an entry 197

FORM 16 : Notice of final publication of electoral roll 198

FORM 17 : Application for inclusion of name in the electoral roll for a local authorities’ constituency 198

FORM 18 : Claim for inclusion of name in the electoral roll for a graduates’ constituency 199

FORM 19 : Election Commission of India claim for inclusion of name in the Electoral Roll for a Teachers’ Constituency 201

CONDUCT OF ELECTIONS RULES, 1961

1. Short title and commencement

2. Interpretation

3. Public notice of intended election

4. Nomination paper

4A. Form of affidavit to be filed at the time of delivering nomination paper 206

5. Symbols for elections in parliamentary and assembly constituencies 206

6. Authentication of certificates issued by the Election Commission 207

7. Notice of nominations 207

8. List of validly nominated candidates

9. Notice of withdrawal of candidature

10. Preparation of list of contesting candidates

CONTENTS

11. Publication of list of contesting candidates and declaration of result in uncontested election

12. Appointment of election agent 209

13. Appointment of polling agents 209

14. Revocation of the appointment of a polling agent 209

15. Publication of the hours fixed for polling 209

16. Voting normally to be in person

PART III

POSTAL BALLOT

17. Definitions 209

18. Persons entitled to vote by post

18A. Voters on election duty to cast his vote at facilitation centre

19. Intimation by special voters

20. Intimation by voters on election duty

21. Electors under preventive detention

22. Form of ballot paper

23. Issue of ballot paper

24. Recording of vote

25. Assistance to illiterate or infirm voters

26. Re-issue of ballot paper

27. Return of ballot paper

PART IIIA

PROCEDURE FOR VOTING BY THE NOTIFIED CLASS OF ELECTORS

27A. Definitions

27B. Special provisions for voting by the notified class of electors 216

27C. Intimation by a notified elector

27D. Form of ballot paper

27E. Issue of ballot paper

27F. Recording of vote

27G. Assistance to illiterate or infirm electors

27H. Re-issue of ballot paper

27-I. Return of ballot paper

27J. Officers authorised to perform certain functions under this Part 218

27K. Marked copy of the electoral roll

PART IIIB

VOTING BY CLASSIFIED SERVICE VOTERS THROUGH PROXY

27M. Definitions 219

27N. Appointment of proxy by a classified service voter 219

27-O. Intimation of name of proxy by the classified service voter 220

27P. Action by returning officer on intimation of name of proxy 220

27Q. Recording of votes of proxy 221

PART IV

VOTING IN PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES

CHAPTER I

VOTING BY BALLOT

28. Definitions

29. Design of ballot boxes

30. Form of ballot papers

31. Arrangements at polling stations

32. Admission to polling stations

33. Preparation of ballot boxes for poll

33A. Marked copy of electoral roll

34. Facilities for women electors

35. Identification of electors

35A. Facilities for public servants on election duty

36. Challenging of identity 224

37. Safeguards against personation

38. Issue of ballot papers to electors

39. Maintenance of secrecy of voting by electors within polling station and voting procedure

40. Recording of votes of blind or infirm electors

41. Spoilt and returned ballot papers

42. Tendered votes

43. Closing of poll 229

CONTENTS

44. Sealing of ballot boxes after poll

45. Account of ballot papers

46. Sealing of other packets

47. Transmission of ballot boxes, etc., to the returning officer

48. Procedure on adjournment of poll

49. Voting by ballot at notified polling stations

CHAPTER II

VOTING BY ELECTRONIC VOTING MACHINES

49A. Design of electronic voting machines

49B. Preparation of voting machine by the returning officer

49C. Arrangements at the polling stations

49D. Admission to polling stations

49E. Preparation of voting machine for poll

49F. Marked copy of electoral roll

49G. Facilities for women electors

49H. Identification of electors

49-I. Facilities for public servants on election duty

49J. Challenging of identity

49K. Safeguards against personation

49L. Procedure for voting by voting machines

49M. Maintenance of secrecy of voting by electors within the polling station and voting procedures

49MA. Procedure in case of complaint about particulars printed on paper slip

49N. Recording of votes of blind or infirm electors

49-O. Elector deciding not to vote

49P. Tendered votes

49Q. Presiding officer’s entry in the voting compartment during poll

49R. Closing of poll

49S. Account of votes recorded

49T. Sealing of voting machine after poll

49U. Sealing of other packets

49V. Transmission of voting machines, etc., to the returning officer

49W. Procedure on adjournment of poll

49X. Closing of voting machine in case of booth capturing

PART V

COUNTING OF VOTES IN PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES

50. Definitions

51. Time and place for counting of votes

52. Appointment of counting agents and revocation of such appointments

53. Admission to the place fixed for counting

54. Maintenance of secrecy of voting

54A. Counting of votes received by post

55. Scrutiny and opening of ballot boxes

56. Counting of votes

57. Sealing of used ballot papers

58. Counting of ballot papers transferred to bags or covers under rule 44

59. Counting of votes at notified polling stations

59A. Counting of votes in specified constituencies

60. Counting to be continuous

61. Recommencement of counting after fresh poll

62. [Omitted by the Conduct of Elections (Second Amendment) Rules, 1964, w.e.f. 1-11-1964]

63. Re-count of votes

64. Declaration of result of election and return of election

65. Counting at two or more places

66. Grant of certificate of election to returned candidate

66A. Counting of votes where electronic voting machines have been used

PART VI

VOTING AT ELECTIONS BY ASSEMBLY MEMBERS AND IN COUNCIL CONSTITUENCIES

67. Definition 260

68. Notification as to postal ballot

69. Notice to electors at election by assembly members

70. Rules for conduct of poll

PART VII

COUNTING OF VOTES AT ELECTIONS BY ASSEMBLY MEMBERS OR IN COUNCIL CONSTITUENCIES

71. Definitions

72. Application of certain rules

73. Scrutiny and opening of ballot boxes and packets of postal ballot papers

74. Arrangement of valid ballot papers in parcels

75. Counting of votes where only one seat is to be filled

Counting of votes when more than one seat is to be filled

76. Ascertainment of quota

77. General instruction

78. Candidates with quota elected

79. Transfer of surplus

80. Exclusion of candidates lowest on the poll

81. Filling the last vacancies

82. Provision for re-counts

83. Illustration of the procedure as to the counting of votes under rules 76 to 81

84. Declaration of result and return by returning officers

85. Grant of certificate of election to returned candidate

PART VIIA

CONTRIBUTIONS REPORT, EQUITABLE SHARING OF TIME ON ELECTRONIC MEDIA AND MATERIAL TO BE SUPPLIED TO RECOGNIZED POLITICAL PARTIES

85A. Definitions

85B. Form of contributions report

85C. Allocation of equitable sharing of time on electronic media

85D. Supply of material by the Government

PART VIII

86. Particulars of account of election expenses

87. Notice by district election officer for inspection of accounts

88. Inspection of account and the obtaining of copies thereof

89. Report by the district election officer as to the lodging of the account of election expenses and the decision of the Election Commission thereon

90. Maximum election expenses

PART IX

MISCELLANEOUS

91. Resignation of seats in case of election to more seats than one in a House

92. Custody of ballot boxes and papers relating to election

93. Production and inspection of election papers

94. Disposal of election papers

94A. Form of affidavit to be filed with election petition

95. Power of the Election Commission to issue directions

96. List of Members of State Assemblies and electoral colleges

97. Number of votes sufficient to secure the return of a candidate in relation to return of forfeiture of deposits in certain cases

98. Manner of serving the order of requisition of premises, vehicles, etc.

99. Time for application for reference to arbitration under section 161

FORM 2A : Nomination Paper : Election to the House of the People

FORM 2B : Nomination Paper : Election to the Legislative Assembly of ...... (State)

FORM 2C : Nomination Paper : Election to the Council of States

2D : Nomination Paper : Election to the Legislative Council of .............. (State) by the Members of the Legislative Assembly

FORM 2E : Nomination Paper : Election to the Legislative Council of ........... (State) from a Council constituency...

FORM 2F : Nomination Paper : Election to the Legislative Assembly of Sikkim from a Constituency reserved for Sikkimese of Bhutia-Lepcha origin

FORM 2G : Nomination Paper : Election to the Legislative Assembly of Sikkim from a General Constituency or a Constituency Reserved for Scheduled Caste

FORM 2H : Nomination Paper : Election to the Legislative Assembly of Sikkim from Sangha Constituency

FORM 3A : Notice of Nominations : Election to the House of the People/ Legislative Assembly from the ................... constituency

FORM 3B : Notice of Nominations : Election to the Council of States/ Legislative Council by the elected members of the Legislative Assembly/Electoral College of .....................

FORM 3C : Notice of Nominations : Election to the Legislative Council of ................. (State) from the ............... constituency

FORM

FORM

FORM 7A : List of contesting candidates

FORM 7B : List of contesting candidates

FORM 8 : Appointment of election agent

FORM 9 : Revocation of appointment of election agent

FORM 10 : Appointment of election agent

FORM 11 : Revocation of appointment of polling agent

FORM 13C : Cover B: To be used at an election to the House of the people or the legislative Assembly of a State

FORM 13C : Cover B: To be used at an election to the Council of States or to the Legislative Council of a State

FORM 13D : Instructions for the guidance of electors: To be used at an election to the House of the People or to the Legislative Assembly of a State

FORM 13D : Instructions for the guidance of electors : To be used at an election to the Council of States or to the Legislative Council of a State

FORM 13E : Instructions for guidance of notified class of electors

FORM 13F : Appointment of proxy by classified service voter to give vote

FORM 13G : Revocation of appointment of proxy or revocation of appointment of proxy and appointment of substitute proxy by classified service voter to give vote

FORM 14 : List of challenged votes

FORM 14A : List of illiterate, blind and infirm

FORM 17A : Register of voters

FORM 17B : List of tendered votes

FORM 17C : Account of votes recorded

FORM 18 : Appointment of counting agents

FORM 19 : Revocation of appointment of counting agent

FORM 20 : Final result sheet

FORM 20A : Final result sheet

FORM 21 : Declaration of the result of election under sub-section (2) sub-section (3) of section 53 of the representation of the People Act, 1951

FORM 21A : Declaration of the result of election under sub-section (2) sub-section (3) of section 53 of the Representation of the People Act, 1951

FORM 21B : Declaration of the result of election under sub-section (2) sub-section (3) of section 53 of the Representation of the People Act, 1951

FORM 21C : Declaration of the result of election under section 66 of the Representation of the People Act, 1951

FORM 21D : Declaration of the result of election under section 66 of the Representation of the People Act, 1951

21E : Return of Election

22 : Certificate of Election

22A : Appointment Letter

FORM 23 : Declaration of the result of election under section 66 of the Representation of the People Act, 1951

FORM 23A : Declaration of the result of election under section 66 of the Representation of the People Act, 1951

Representation of the People Act, 1950

[43 OF 1950]1

An Act to provide the allocation of seats in and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voter at such elections, the preparation of electoral rolls, 2[the manner of filling seats in the Council of States to be filled by representatives of 3[Union territories]], and matters connected therewith.

BE it enacted by Parliament as follows:—

PART I PRELIMINARY

Short title.

1. This Act may be called the Representation of the People Act, 1950. Definitions.

2. 4[***] In this Act, unless the context otherwise requires,—

(a)“article” means an article of the Constitution;

(b) “assembly constituency” means a constituency provided 5[by law] for the purpose of elections to the Legislative Assembly of a State;

(c)“council constituency” means a constituency provided 6[by law] for the purpose of elections to the Legislative Council of a State;

(cc) 7[***]

1.Dated 12-5-1950.

2. Inserted by the Representation of the People (Amendment) Act, 1950, w.e.f. 23-12-1950.

3.For “Part C States” by the Adaptation of Law (No. 2) Order, 1956, w.e.f. 1-11-1956.

4.Brackets and figure “(1)” omitted by the Territorial Councils Act, 1956, w.e.f. 1-1-1957.

5. Substituted for “by order made under section 9” by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956.

6.Substituted for “by order made under section 11” by the Adaptation of Law (No. 2) Order, 1956, w.e.f. 1-11-1956.

7.Clause (cc) omitted by the Territorial Councils Act, 1956, w.e.f. 1-1-1957. Earlier clause (cc) was inserted by the Representation of the People (Amendment) Act, 1950, w.e.f. 23-12-1950 and was amended by the Government of Part C States Act, 1951, w.e.f. 6-9-1951 and the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956.

S. 2

REPRESENTATION OF THE PEOPLE ACT, 1950 2

(d) “Election Commission” means the Election Commission appointed by the President under article 324;

(e) “order” means an order published in the Official Gazette;

(f) “parliamentary constituency” means a constituency provided 8[by law] for the purpose of elections to the House of the People;

(ff) 9[***]

(g) “person” does not include a body of persons;

(h) “prescribed” means prescribed by rules made under this Act;

10[(i) “State” includes a Union territory;]

(j) “State Government”, in relation to a Union territory, means the administrator thereof.

(2) 11[***]

COMMENTS

SECTION NOTES

2.1 Assembly constituency [Section 2(b)]

“Assembly constituency” means a constituency provided by law for the purpose of elections to the Legislative Assembly of a State (Vidhan Sabha).

2.2 Council constituency [Section 2(c)]

“Council constituency” means a constituency provided by law for the purpose of elections to the Legislative Council of a State (Vidhan Parishad).

2.3 Election Commission [Section 2(d)]

“Election Commission” means the Election Commission of India appointed by the President [See Article 324 of the Constitution of India]

2.4 Order [Section 2(e)]

“Order” means an order published in the Official Gazette;

2.5 Parliamentary constituency [Section 2(f)]

“Parliamentary constituency” means a constituency provided by law for the purpose of elections to the House of the People (the Lok Sabha);

Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency. [See Section 4]

2.6 Person [Section 2(g)]

“Person” does not include a body of persons.

In other words, “person” means an individual.

8. Substituted for “by section 6 or by order made thereunder” by the Representation of the People (Amendment) Act, 1956 w.e.f. 1-3-1956.

9. Clause (ff) omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, w.r.e.f. 21-1-1972. Earlier clause (ff) was inserted by the Representation of the People (Second Amendment) Act, 1951, w.e.f. 31-10-1951.

10. Substituted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, w.r.e.f. 21-1-1972. Earlier clause (i) was inserted by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956.

11. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.

REPRESENTATION OF THE PEOPLE ACT, 1950 S. 4

PART II

ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES

The House of the People

12[Allocation of seats in the House of the People.

3. The allocation of seats to the States in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be shown in the First Schedule.]

Reservation of Seats in the House of People for Scheduled Castes and Scheduled Tribes in certain Part C States.

3A. [Rep. by the Representation of the People (Amendment) Act, 1958, w.e.f. 30-12-1958.]

13[Filling of seats in the House of the People and parliamentary constituencies.

4. (1)14[***]

15[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single-member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

16[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002.]]

12. Substituted by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966. Earlier section 3 was amended by the Representation of the People (Second Amendment) Act, 1951, w.e.f. 31-10-1951 and the Representation of the People (Amendment) Act, 1958, w.e.f. 30-12-1958.

13. Substituted by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-12-1966.

14. Sub-section (1) omitted by the Government of Union Territories (Amendment) Act, 1975, w.e.f. 15-8-1975. Earlier sub-section (1) was amended by the Dadra and Nagar Haveli Act, 1961, w.r.e.f. 11-8-1961 and the Government of Union Territories (Amendment) Act, 1975, w.e.f. 15-8-1975.

15. Substituted by the Government of Union Territories (Amendment) Act, 1975, w.e.f. 15-8-1975.

16. Substituted by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008. Earlier sub-section (5) was substituted by the Representation of the People (Amendment) Act, 1976, w.e.f. 2-9-1976.

S. 7

REPRESENTATION OF THE PEOPLE ACT, 1950 4

COMMENTS

SECTION NOTES

All the seats in the House of the People (Lok Sabha) allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.

Every parliamentary constituency shall be a single-member constituency.

Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency. [Sub-section (4)]

Parliamentary constituencies.

5. [Rep. by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956.]

Delimitation of parliamentary constituencies.

6. [Rep. by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.]

The State Legislative Assemblies

17[Total number of seats in Legislative Assemblies and assembly constituencies.

7. (1) 18[Subject to the provisions of 19[sub-sections (1A), (IB) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be 20[fifty-two], of which—

(

a) 21[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that council may, by notification in the Official Gazette, specify, and

(

b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.

17. Sections 7, 8 and 9 by the Representation of the People (Amendment) Act, 1966, w.e.f. 14-121966. Earlier sections 8 and 9 were repealed by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956 and section 7 was substituted by the Representation of the People (Amendment) Act, 1958, w.e.f. 30-12-1958.

18. Substituted by the Representation of the People (Amendment) Act, 1980, w.r.e.f. 1-9-1979.

19. Subtituted for “sub-sections (1A) and (IB)” by the Representation of the People (Amendment) Act, 1992, w.e.f. 5-12-1992. Earlier said words were substituted by the Representation of the People (Third Amendment) Act, 1987, w.r.e.f. 22-9-1987.

20. Substituted for “forty-six” by the Legislative Assembly of the Nagaland (Change in Representation) Act, 1968, w.e.f. 31-12-1968.

21. Substituted for “six seats”, ibid

REPRESENTATION OF THE PEOPLE ACT, 1950 S. 7

22[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which—

(a) twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;

(b) two seats shall be reserved for the Scheduled Castes of the State; and

(c) one seat shall be reserved for the Sanghas referred to in section 25A.

Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

23[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987),—

(a) 24[fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalaya;

(c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

25[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992 (38 of 1992).]

(2) Every assembly constituency referred to 26[in sub-section (1) or sub-section (1A)] shall be a single-member constituency.

27[(3) The extent of each assembly constituency in all the States and Union Territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the

22. Inserted by the Representation of the People (Amendment) Act, 1980, w.r.e.f. 1-9-1979.

23. Inserted by the Representation of the People (Third Amendment) Act, 1987, w.r.e.f. 22-9-1987.

24. Substituted for “thirty-nine seats” by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008.

25. Inserted by the Representation of the People (Amendment) Act, 1992, w.e.f. 5-12-1992.

26. Substituted for “in sub-section (1)” by the Representation of the People (Amendment) Act, 1980, w.r.e.f. 1-9-1979.

27. Substituted by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008. Earlier sub-section (3) was substituted by the Representation of the People (Amendment) Act, 1976, w.e.f. 2-9-1976.

S. 8

REPRESENTATION OF THE PEOPLE ACT, 1950 6

Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002.]

COMMENTS

CASE LAWS

Reservation of Legislative Seats - Sikkim’s Unique Provisions The Supreme Court upheld the reservation of legislative assembly seats for certain ethnic and cultural groups in Sikkim under section 7(1A) of the Representation of the People Act, 1950, and Article 371F(f) of the Constitution. This provision, allowing 12 reserved seats for Bhutia-Lepcha and one for the Sangha, was justified on historical and sociocultural grounds during Sikkim’s accession to India. The Court ruled that these measures were transitional and intended to safeguard Sikkim’s distinct identity, aligning with constitutional principles while respecting the democratic process. — R.C. Poudyal v. Union of India AIR 1993 SC 1804.

28[Total number of seats in the Legislative Assembly of Sikkim and assembly constituencies.

7A. (1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted], the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1) shall be a single-member constituency.

(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.]

The Delimitation of Parliamentary and Assembly Constituencies Order Consolidation of delimitation orders.

8. 29[(1) Having regard to all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union Territories, except the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall—

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency; (b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made applicable

28. Inserted by the Election Laws (Extension to Sikkim) Act, 1976, w.r.e.f. 9-9-1975.

29. Substituted by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008. Earlier sub-section (1) was amended by the Representation of the People (Amendment) Act, 1976, w.e.f. 2-9-1976.

REPRESENTATION OF THE PEOPLE ACT, 1950 S. 8A

pursuant to the orders made by the President under section 10A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of section 10B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any court.]

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

30[(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, 31[as provided in sub-section (5) of section 10 of the Delimitation Act, 2002 (33 of 2002)], affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of India of any such order or orders as may be relevant.

32[Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur or Nagaland.

8A. (1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine—

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(

c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine—

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

30. Inserted by the Representation of the People (Amendment) Act, 1976, w.e.f. 2-9-1976.

31. Substituted for “as provided in sub-section (5) of section 10 of the Delimitation Act, 1972 (76 of 1972)” by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008.

32. Inserted, ibid

S. 9

(

REPRESENTATION OF THE PEOPLE ACT, 1950 8

b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,—

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(

(

b) specify a date on or after which the proposals will be further considered by it;

c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(

e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.]

Power of Election Commission to maintain Delimitation Order up-to-date.

9. (1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned,—

33[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;

33. Substituted by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-4-2008. Earlier clause (a) was amended by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956, the Representation of the People (Amendment) Act, 1976, w.e.f. 2-9-1976 and the Representation of the People (Amendment) Act, 1989, w.r.e.f. 28-3-1989.

(

REPRESENTATION OF THE PEOPLE ACT, 1950 S. 10

aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under section 8A of this Act or any other Central Act;]

(b) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

34[(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the Constitution (One Hundredth Amendment) Act, 2015.]

(2) Every notification under this section shall be laid as soon as may be after it is issued, before the House of the People and the Legislative Assembly to the State concerned.]

Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States.

9A. 35[***]

Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes in the State of Tripura.

9B. 36[***]

The State Legislative Councils

Allocation of seats in the Legislative Councils.

10. (1) The allocation of seats in the Legislative Councils of the States having such Councils shall be as shown in the Third Schedule.

(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats,—

(a) the numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) the number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of

34. Inserted by the Election Laws (Amendment) Act, 2016, w.e.f. 4-3-2016.

35. Section 9A omitted by the Representation of the People (Amendment) Act, 2008, w.e.f. 16-42008. Earlier section 9A was inserted by the Representation of the People (Second Amendment) Act, 1987, w.e.f. 21-9-1987.

36. Section 9B omitted, ibid. Earlier section 9B was inserted by the Representation of the People (Amendment) Act, 1992, w.e.f. 5-12-1992.

S. 13

REPRESENTATION OF THE PEOPLE ACT, 1950 10

the State from amongst persons who are not members of that Assembly; and

(c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor 37[***] of the State in accordance with the provisions of clause (5) of article 171.

(3) 38[***]

Delimitation of Council constituencies.

11. As soon as may be after the commencement of this Act, the President shall, by order, determine—

(a) the constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) the extent of each constituency; and

(c) the number of seats allotted to each constituency.

Provisions as to orders delimiting constituencies

Power to alter or amend orders.

12. 39[(1)] The President may, from time to time, after consulting the Election Commission, by order, alter or amend any order made by him under 40[***] section 11.

41[(2) An order under sub-section (1) may contain provisions for the allocation of any member representing any council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.]

Procedure as to orders delimiting constituencies.

13. (1) 42[***]

(2) 43[***]

(3) Every order made under 44[***] section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid.

37. Words “or Rajpramukh, as the case may be,” omitted by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.

38. Sub-section (3) omitted by the Legislative Councils Act, 1957, w.e.f. 18-9-1957. Earlier sub-section (3) was inserted by the Adaptation of Laws (No. 2) Order, 1956 w.e.f. 1-11-1956.

39. Section 12 re-numbered as sub-section (1) by the Representation of the People (Amendment) Act, 1960, w.e.f. 8-5-1960.

40. Words and figures “section 6, section 9, or” omitted by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956.

41. Inserted by the Representation of the People (Amendment) Act, 1960, w.e.f. 8-5-1960.

42. Sub-section (1) omitted by the Representation of the People (Amendment) Act, 1956, w.e.f. 1-3-1956. Earlier sub-section (1) was amended by the Himachal Pradesh and Bilaspur (New State) Act, 1954, w.e.f. 28-5-1957.

43. Sub-section (2) omitted, ibid

44. Words and figures “section 6, section 9,” omitted, ibid

REPRESENTATION OF THE PEOPLE ACT 1950 WITH RULES – BARE ACT WITH SECTION NOTES

AUTHOR : TAXMANN’S EDITORIAL BOARD

PUBLISHER : TAXMANN

DATE OF PUBLICATION : AUGUST 2025

EDITION : 2025 EDITION

ISBN NO : 9789364558259

NO. OF PAGES : 400

BINDING TYPE : PAPERBACK

DESCRIPTION

Representation of the People Act 1950 with Rules [ Bare Act with Section Notes ] by Taxmann is a comprehensive legal reference on India’s electoral laws. This 2025 Edition consolidates the complete, updated text of the Act, along with allied legislation and rules, enhanced by detailed section notes and the latest amendments.

This book is intended for the following audience:

• Legal Professionals & Advocates

• Judges & Judicial Officers

• Election Officials & Administrators

• Policy Makers & Lawmakers

• Political Parties & Candidates

• Researchers, Academics & Students

• Civil Society & Media

The Present Publication is the 2025 Edition, covering the amended and updated text of the Representation of the People Act [ Act No. 43 of 1950 ] and Rules, with the following noteworthy features:

• [Full Bare Act Text] Complete and updated text of the Representation of the People Act 1950

• [Latest Amendments] Incorporates all recent changes and notifications up to 2025

• [Allied Laws Covered] Includes the Representation of the People Act 1951, Parliament (Prevention of Disqualification) Act 1959, Registration of Electors Rules 1960, and Conduct of Elections Rules 1961

• [Section Notes] Concise explanations, practical insights, and legislative context

• [Pre-amendment Provisions] Footnotes for prior versions of amended sections

• [User-friendly Navigation] Clear contents, subject index, and cross-references

• [Forms & Schedules] Includes official forms and templates for compliance

• [Trusted Reference] Widely used by courts, practitioners, and exam aspirants BUY NOW