Representation of Peoples Act 1950
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Transcript of Representation of Peoples Act 1950
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1
RP Act 1950
and 1951
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Representation Of The People Act, 1950
Part I(Sec. 1 and 2)
gives the title and definitions
Part II (Sec. 3 to 13)
provides for allocation of seats and delimitation
of Constituencies in the Lok Sabha and the State
Legislative Assemblies and Councils.
Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC)
Details the officers connected with the
preparation of Electoral Rolls.
This Act contains 32 Sections in 5 Parts.
THE PARTS ARE AS FOLLOWS
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Representation Of the People Act, 1950
Part IIB (Sec. 13D)
provides for Electoral Rolls of Parliamentary
Constituencies
Part III (Sec. 14 to 25A)
provides for Electoral Rolls for Assembly
Constituencies
Part IV (Sec.27)
provides for Electoral Roll Council
Constituencies.
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Representation Of the People Act, 1950
Part IVA (Sec.27A to 27K)
provides for the manner of filling seats in the
Council of States
Part V (Sec. 28 to 32)
gives general provisions with regard to the
jurisdiction of Civil Courts; making available stafffrom local authorities, etc.
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IMPORTANT SECTIONS
Section 2
defines Election Commission
as the Commission appointed by
the President under Article 324
of the Constitution of India.
Section 13A
provides for a Chief Electoral Officer
in each State.
Section 13AA
provides for the nomination by the
ECI of an officer to be the District
Election Officer.
Section 13B(1)
provides for designation or
nomination of ERO by ECI
Section 13B(2)
The ERO can employ various personsfor the preparation and revision of the
Electoral Roll for the AC.
Section 13C
provides for appointment of one or
more AEROs to assist EROs. AEROs
are competent to perform all or any
of the functions of EROs and are
subject to the control of EROs.
Representation Of the People Act, 1950
Electoral
Registration Officer
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Section 13CC
CEO, DEO, ERO, AERO and all
other officers or staff employed for
preparation, revision and correction
of Electoral Rolls or conduct of
elections are deemed to be on
deputation to the ECI.
Section 18
No person can be registered
more than once in any Constituency.
Section 16
provides for reasons for
disqualification for registration in
Electoral Roll.
Section 19gives the criteria for entitlement
for registration, i.e. 18 years of age
on qualifying date and ordinarily
resident in a Constituency.
Section 17
No person can register in more than
one Constituency.
Section 20
gives the meaning of
ordinarily resident.
Representation Of the People Act, 1950
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Section 21
gives the provisions for various
kinds of revision of Electoral Rolls.
Section 30
provides for a bar on the jurisdiction
of Civil Courts to adjudicate upon thequestion whether a person is or
is not entitled to be registered in the
Electoral Roll. The Civil Courts
cannot question the legality of any
action taken by or under the authority
of an ERO for the revision of any Roll.
Section 22
provides for the powers of
ERO/AERO for amending,
transposing or deleting
an entry in the Electoral Rolls.
Section 23
provides for the powers of the
ERO/AERO to include names in the
Electoral Rolls.
Section 31
is a penal clause for making false
declarations.
Section 29
provides for making available the staff
of local authorities to ERO for the
work related to the preparation and
revision of Electoral Rolls.
Section 32
is the penal clause for being guilty of
any act or omission in breach of
official duty by ERO, AERO or any
other person required to perform any
official duty in connection with the
preparation or revision of an
Electoral Roll.
Representation Of the People Act, 1950
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Part I: Preliminary(Sec 1-2)
Part II:
Qualifications &Disqualifications
(Sec 3-11B)
Part III: Notificationof General Elections
(Sec 12-16)
Part IV:AdministrativeMachinery for
Conduct of Elections
(Sec 19-29)
Part IVA:Registration of
Political Parties
(Sec 29A-29C)
Part V: Conduct of
Elections(Sec 30-78)
Part VA: Free Supply ofCertain Material to
Candidates of
Recognized PoliticalParties
(Sec 78A-78B)
Part VI: Disputes
Regarding Elections(Sec 79-122)
Part VII: CorruptPractices and
Electoral Offences(Sec 123-138)
Part VIII:Disqualifications
(Sec 139-146C)
Part IX: Bye-elections
(Sec 147-151A)
Part X:Miscellaneous(Sec 152-168)
Part XI: General(Sec 169-171)
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Representation of the Peoples Act,1951Sec 1: Short Title
Interpretation of terms in the ActSec 2:Interpretation
Part I: Preliminary
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PART II: Qualifications & Disqualifications: Chapter I
Sec 3: Qualification for Membership of the Council ofStates
Sec 4: Qualification for Membership of the House of People
Person shall not be qualified to be fill seat in House of People unless:
He is a member of SC/ST in case of seat being reserved for SC/STand is an elector for any Parliamentary constituency
In case of any other seat, he is an elector for any ParliamentaryConstituency
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PART II: Qualifications & Disqualifications: Chapter II
Person shall not be chosen to fill a seat in
the Legislative Assembly of a State unless:
He is a member of SC/ST in case of seat
being reserved for SC/ST and is an elector
for any AC in that state In case of any other seat, he is an elector
for any AC in that state
Sec 5: Qualification forMembership of
Legislative Assembly
Qualifications for Membership of Assemblyof SikkimSec 5A
Qualification for Membership of LegislativeCouncil
Sec 6
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PART II: Qualifications & Disqualifications: Chapter III
Appropriate Govt. means Central Govt. & State
government with regards to disqualification for beingchosen as MP and MLA/MLC of that staterespectively.
Disqualified means disqualified for being chosen asMP or MLA/MLC of a state.
Sec 7: Definitions
Person convicted for various offencesor incontravention of certain laws and provisions
Disqualified for a period of six years from date ofconviction
Sec 8:Disqualification on
conviction forcertain offences
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PART II: Qualifications & Disqualifications: Chapter III
Case of every person found guilty of a corruptpractice by an order under Section 99 shall besubmitted to the President to determine
whether such person shall be disqualified & forwhat period
A petition to the President for the removal ofsuch disqualification for the unexpired periodcan be submitted
Before giving a decision on this disqualificationthe President shall obtain the opinion of theElection Commission
Sec 8A:Disqualification on
the ground ofcorrupt practices
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PART II: Qualifications & Disqualifications: Chapter III
A person having held an offence under theGovernment of India/State for corruption ordisloyalty shall be disqualified for a period of5 years
Sec 9: Disqualificationfor dismissal for
corruption or disloyalty
If person has a contract with the Governmentfor the supply of goods to or for execution ofany works
Sec 9A: Disqualificationfor Government
contracts
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PART II: Qualifications & Disqualifications: Chapter III
As long as he is a managing agent, manageror secretary of any company or corporation inwhich the Government has not less than 25%share
Sec 10: Disqualificationfor office under
government company
Failing to lodge an account of election
expenses within time and manner requiredor has no good reason or justification for thefailure
Disqualified for a period of three years
Sec 10A:Disqualification forfailure to lodge account
of election expenses
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PART II: Qualifications & Disqualifications: Chapter III
The Election Commission, for reasons to berecorded has the right to remove or reduceany disqualification under this chapter
Sec 11: Removalor reduction of
period ofdisqualification
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PART II: Qualifications & Disqualifications: Chapter IV
For an offence punishable under Sec171E/Sec 171F of IPC ,or Sec125/135/Clause(a) of sub section (2) ofsection 136 of Representation of PeopleAct, 1951, or by a decision of thePresident
Shall be disqualified for a period of sixyears
Sec 11A:Disqualification
arising out of
conviction andcorrupt practices
The Election Commission for reasons to berecorded ,may remove disqualification
Sec 11B: Removal ofdisqualifications
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PART III: Notification of General Elections
Notification for Biennial Election to theCouncil of States
Sec 12
Notification for election to fill the seatallotted to the state of Sikkim in the Council
of States
Sec 12A
Notification for Reconstitution of electoralcolleges of certain UT (Repealed by theTerritorial Councils Act, 1956)
Sec 13
By notifications published in the GazettePresident shall call upon all Parliamentaryconstituencies to elect members
Sec 14: Notification forGeneral Election to the
House of the People
Notification for electing the representativeof the State of Sikkim to the existing House
of the People
Sec 14A
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PART III: Notification of General Elections
On the expiration of the duration of theexisting Assembly or on its Dissolution
Notification shall be published by theGovernor /Administrator in the official
Gazette
Sec 15: Notification forGeneral election to a
State legislative
Assembly
Notification for certain elections toLegislative Council
Sec 15A
Notification for biennial election to a Statelegislative Council
Sec 16
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"Constituency" means a ParliamentaryConstituency or an Assembly constituency ora Council constituency
Sec 19: Definition
By special directions given by the EC its
functions may be performed by a DeputyElection Commissioner/ by Secretary to theEC
Sec 19A: Delegation offunctions of ElectionCommission
To supervise the Conduct of all Elections inthe StateSubject to the superintendence,direction and control of the EC
Sec 20: General Duties
of CEO
To co-ordinate and supervise all work in thearea under his jurisdiction in the conduct ofall elections subject to the superintendence
of, direction and control of CEO
Sec 20A: General Dutiesof DEO
PART IV: Administrative Machinery for Conduct of Elections
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To watch the Conduct of Elections inone/group of constituencies as directed bythe EC
Power to stop the counting of votes or notto declare the result
Sec 20B: Observers
The EC in consultation with the governmentof the State ,designate or nominate suchperson who shall be an officer ofgovernment or of a local authority (for oneor more constituencies )
Sec 21: ReturningOfficers
PART IV: Administrative Machinery for Conduct of Elections
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One or more persons to assist any RO
Subject to the control of the RO perform anyor all of the functions of the RO, none ofwhich relate to the scrutiny of nominationsunless the RO is unavoidably prevented from
performing it
Sec 22: AssistantReturning Officers
Deemed to include an assistant returningofficer performing any function which he isauthorized to perform under sub section (2)of sec 22
Sec 23: RO to includeAROs performingfunctions of RO
To do all such acts as necessary for effectuallyconducting the election in the mannerprovided by Representation of People Act1951 & rules and orders made thereunder
Sec 24: General Duty ofthe RO
PART IV: Administrative Machinery for Conduct of Elections
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DEO shall provide sufficient number ofpolling stations for area under hisjurisdiction
Shall publish a list of polling stations along
with the polling area and groups for votersfor whom it is provided
Sec 25: Provision ofPolling Stations for
Constituencies
DEO appoints a PrO for each polling station,
except a person employed by the candidatein the election
Polling Officer to perform all functions ofPrO if directed by PrO/ absenteeism owingto illness of PrO
Sec 26: Appointmentof Presiding Officersfor Polling Stations
PART IV: Administrative Machinery for Conduct of Elections
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To keep order thereat and to see that thepoll is fairly taken
Sec 27: General Duty ofthe Presiding Officer
To assist the Presiding Officer in theperformance of his functionsSec 28: Duties of aPolling Officer
PART IV: Administrative Machinery for Conduct of Elections
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Deputation for the period commencing onthe date of notification calling for election tillthe date of declaration of results of theElections
Includes all police officials involved in
election activities
Sec 28A: RO, PrO, etc.deemed to be on
deputation to ElectionCommission1
The RO with the approval of the EC, fix theplace at which the poll will be taken & notifyit
The RO shall preside over such election andappoint Polling officers to assist him (notappointing any person who has beenemployed by the candidate for election)
Sec 29: Special
Provision in case ofcertain elections
PART IV: Administrative Machinery for Conduct of Elections
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PART IVA: Registration of Political Parties
Make an application for registration signed bythe chief executive officer of the association &
presented to Secretary of commission Application containing particulars specified by
the Commission like the name of the body,state in which its head office is situated etc.
Accompanied by a copy of memorandum ofrules or regulations of the body
After considering all particulars, theCommission shall decide either to registerthe body as a political party or not
Sec 29A:Registrationwith the EC
ofassociations
and bodies aspolitical
parties
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PART IVA: Registration of Political Parties
Can accept any amount of contributionvoluntarily offered by any person/company otherthan a Government company or foreign source
Foreign source defined under clause (e) ofsection 2 of Foreign Contribution (Regulation)Act,1976
Sec 29B:
PoliticalParties
entitled toaccept
contribution
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PART IVA: Registration of Political Parties
Treasurer /authorized person shall preparea report for each financial year stating:
Contribution in excess of 25000 rupeesreceived by the party from anyperson/companies in the financial year
Report shall be submitted for furnishing areturn of its income under Sec 139 of theIncome tax Act, 1961 to the ElectionCommission failing which the party shall
not be entitled to any tax relief
Sec 29C:Declarationof donationreceived bythe political
parties
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Total Registered parties in India -
1027, out of them 980 are not yet
recognized. A few aspirants started
parties with some innovative nameslike " Bharthiya Prajatantrik Shudh
Gandhiavadhi Krishik Dal"
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Did you know?
i f h l
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PART V: Conduct of Elections
Chapter I: Nominationof Candidates
(Sec 30-39A)
Chapter II: Candidates& Their Agents
(Sec 40-51)
Chapter III: GeneralProcedure at Elections
(Sec 52-55A)
Chapter IV: The Poll
(Sec 56-63)
Chapter V: Counting ofVotes
(Sec 64-67A)
Chapter VI: MultipleElections
(Sec 68-70)
Chapter VII:Publication of ElectionResults & Nominations
(Sec 71-74)
Chapter VIIA:Declaration of Assets
& Liabilities
(Sec 75A)
Chapter VIII: ElectionExpenses
(Sec 76-78)
i f h l A 19 1
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
By notification in the Official gazette appointthe last date of making nominations, scrutinyof nominations, withdrawal of candidatures,date on which the poll shall be taken, datebefore which the election shall be completed
Sec 30: Appointment ofdates for nominations
Give notice inviting nominations of candidatesspecifying the place at which the nominationpapers are to be delivered
Sec 31: Public notice ofelection
Qualified to be chosen to fill that seat underprovisions of Constitution ,Representation ofPeople Act ,1951/provisions of theGovernment of Union Territories Act, 1963
Sec 32: Nomination ofcandidates for election
R t ti f th P l A t 1951
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
Deliver to the Returning officer a nominationpaper in the prescribed form by a candidate orproposer between 11a.m.and 3p.m. on
notified days
Sec 33: Presentation ofNomination Paper &
requirements for a valid
nomination
Furnish Information regarding beingaccused/convicted of any offence
Candidate/proposer to submit an affidavitverifying the information to the RO ,wherein heshall display it at his office
Sec 33A: Right toInformation
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
Candidate is not be liable to disclose anyinformation in respect of his election which isnot required to be disclosed under thisAct/rules
Sec 33B: Candidate tofurnish information only
under the Act & therules
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
Candidate shall deposit a sum of 10,000rupees or where the candidate is a memberof Scheduled tribe/caste ,a sum of 5000
rupees incase of an Election from anAssembly/Council constituency
Sum shall be deemed to have been depositedonly when at the time of delivery of thenomination paper the candidate hasdeposited the sum in cash to RO, or has a
receipt showing deposit in Governmenttreasury
Sec 34: Deposits
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
On receiving nomination paper ,RO shallinform of the date ,time & place fixed for thescrutiny of nominations and shall enter the
serial number on the paper
Sec 35: Notice ofnominations and time
and place for scrutiny
RO shall examine & decide all objections made
to any nomination and then after summaryinquiry reject any nomination and henceprepare a list of validly nominated candidates
Sec 36: Scrutiny ofnominations
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
Notice in writing to RO delivered before 3p.m.on the day fixed under clause(c) Sec 30
Sec 37: Withdrawal ofcandidature
After the expiry of the period of withdrawal ofcandidature, RO shall publish a list ofcontesting candidates
Sec 38: Publication oflist of contesting
candidates
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
After election notification ,ECI bynotification will appoint :
7thday after Election Notification as lastdate for filing nominations
Day immediately after last day ofnominations as date for scrutiny
2ndday after scrutiny as last date forwithdrawal of candidature
date/s for poll which shall not be earlier
than 7thday after the last date forwithdrawal
Deadline for completion of election
Sec 39: Nomination ofcandidates at other
elections
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PART V: Conduct of Elections- Chapter I: Nomination of Candidates
On the basis of past performance of a
recognized political party ,during elections ,ECto allocate equitable sharing of time on thecable television network & other electronicmedia, binding on all political parties
EC can make the code of conduct for cableoperators & electronic media
Sec 39A: Allocation ofequitable sharing of
time
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PART V: Conduct of Elections- Chapter II: Candidates & their agents
Candidate appoints one person other thanhimself as Election agents making notice of suchappointment to the RO
Sec 40: Election agents
Disqualified under the Constitution for being a
member of Parliament/Legislature/voting atelections
Sec 41: Disqualification
for being an electionagent
Shall be signed by the candidate & shalloperate from the date on which it is lodged with
the RO
If event occurs before the lodging of candidate'selection expenses ,another person can beappointed by the candidate in the prescribedmanner
Sec 42: Revocation of theappointment, or death of an
election agent
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PART V: Conduct of Elections- Chapter II: Candidates & their agents
Repealed by the Representation of thePeople (IInd Amendment)Act ,1956( 27 of1956
Sec 43: Effect ofDefault in
appointment ofelection agent u/s 42
Repealed by the Representation of thePeople (IInd Amendment)Act ,1956( 27 of1956
Sec 44: Duty of theelection agent to keep
accounts
As authorized by this ActSec 45: Functions of
election agents
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PART V: Conduct of Elections- Chapter II: Candidates & their agents
By the candidate/ his election agent asprescribed under Sec 25 /under sub-section (1) Section 29 for the poll
Sec 46: Appointmentof Polling Agent
By the candidate/his Election agent in theprescribed manner by giving notice of
appointment to the RO
Sec 47: Appointmentof Counting Agent
Signed by the candidate /Election agentoperating from the date on which it islodged with prescribed officer
In case of death or revocation,
candidate/election agent may appoint inthe prescribed manner anotherpolling/counting agent before poll isclosed/before counting of votes iscommenced
Sec 48: Revocation ofthe appointment or
death, of a pollingagent or counting
agent
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PART V: Conduct of Elections- Chapter II: Candidates & their agents
In connection with the poll/counting ofvotes as authorized under this Act
Sec 49: Functions ofPolling agents and
counting agents
Each contesting candidate/election agentshall have a right to be present & mayhimself do any act which any polling/counting agent is authorized to do at apoll
Sec 50: Attendance of a
contesting candidate/election agent atpolling stations &
performance by him offunctions of polling/
counting agent
Non attendance at the time & placeappointed for the purpose shall not ,if theact is otherwise duly done ,invalidate theact or thing done
Sec 51: Non-attendanceof polling or counting
agents
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PART V: Conduct of Elections- Chapter III: General Procedure at Elections
RO on being satisfied of the death of the
candidate by order announce adjournment ofthe poll & report the fact to the EC
Party will be called upon to nominateanother candidate for the said poll withinseven days of issue of such notice & RO shall
again furnish a list of contesting candidates
Sec 52: Death of acandidate of a
recognized politicalparty before poll
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PART V: Conduct of Elections- Chapter III: General Procedure at Elections
If the number of contesting candidates ismore than the number of seats to be filled apoll shall be taken, when equal to the numberof seats/is less than the number of seats to befilled RO shall declare all such candidates to
be duly elected
Sec 53: Procedure incontested anduncontested
elections
(Repealed by the Representation of the
People (Amendment) Act, 1961, w.e.f. 20-9-1961)
Sec 54: Specialprocedure at elections
in constituencies whereseats are reserved for
Scheduled Caste orScheduled Tribes
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PART V: Conduct of Elections- Chapter III: General Procedure at Elections
Member of Scheduled caste /tribe shall notbe disqualified to hold seat not reserved formembers of those castes/tribes if he is
otherwise qualified to hold such seats
Sec 55: Eligibility ofmembers of SC/ST to
hold seats not reservedfor those castes or
tribes
[Repealed by the Representation of thePeople (Amendment) Act, 1958, (58 of 1958)]
Sec 55A: Retirementfrom contest at
elections inParliamentary and
Assemblyconstituencies
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PART V: Conduct of Elections- Chapter IV: The Poll
EC to fix the hours during which poll will betaken (total period allotted on any one dayfor polling shall not be less than 8 hours)
Sec 56: Fixing Time forPoll
When poll is interrupted by riot, naturalcalamity or any other cause ,PO/RO shalladjourn the poll
Sec 57: Adjournment ofPoll in emergencies
Tampering of any ballot box used at thepolling station resulting in non ascertainmentof result of the poll
EC will declare that poll to be void
Sec 58 : Fresh Poll incase of destruction etc.
of ballot boxes
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PART V: Conduct of Elections- Chapter IV: The Poll
On booth capturing RO will report the matterto the EC wherein the poll is declaredvoid/election in the constituency iscountermanded
Sec 58A: Adjournmentof Poll or
countermanding ofelection on ground of
booth capturing
Votes shall be given by a ballot in such amanner as prescribed
Sec 59: Manner ofVoting at elections
Any of the persons referred to in clause
(a)/clause(b) of sub section (8) of Sec 20 ofthe Representation of the People Act ,1950to give his vote either in person or by postalballot or by proxy ,and not in any othermanner at an Election
Sec 60: Specialprocedure for voting by
certain classes ofpersons
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PART V: Conduct of Elections- Chapter IV: The Poll
Provisions may be made by rules underthis Act for the marking with indelible ink,for the production of identity card by the
elector
Sec 61 : SpecialProcedure for
preventingpersonation of
electors
Procedure of giving of votes by votingmachines will be prescribed by theElection Commission ,having regard tothe circumstances of each case
Sec 61A: VotingMachines at elections
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PART V: Conduct of Elections- Chapter IV: The Poll
Every person who is for the time beingentered in the electoral roll of theconstituency shall be entitled to vote in thatconstituency
Shall not vote if subject to any
disqualifications referred in Sec 16,Representation of People Act,1950
Sec 62: Right to Vote
(Repealed by the Representation of thePeople (Amendment) Act, 1961, (40 of1961) w.e.f. 20-9-1961)
Sec 63: Method ofVoting
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PART V: Conduct of Elections- Chapter V: Counting of Votes
To be counted by/under supervision &direction of the RO & each contestingcandidate /election agent /counting agentsshall have a right to be present
Sec 64: Counting ofVotes
RO to report the matter to the EC ,whereinEC shall direct the counting of votes to bestopped ,declare the poll to be void or takenecessary action and conduct a fresh poll
Sec 64A: Destruction,loss etc. of ballot
papers at the time ofcounting
If equality of votes exists after counting thevotes, the addition of one vote shall entitleany of the candidates to be declared electedwhich shall be decided by lot by RO
Sec 65: Equality ofVotes
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PART V: Conduct of Elections- Chapter V: Counting of Votes
In the absence of any direction by EC, RO todeclare the result of election in mannerprovided by this Act/Rules
Sec 66: Declaration ofResults
RO to report result of election to EC &Appropriate authority as prescribed
Sec 67: Report of theResult
Date on which candidate is declared by theRO to be elected shall be the date of electionof that candidate
Sec 67A: Date ofelection of candidate
ep ese tat o o t e eop e s ct 95
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PART V: Conduct of Elections- Chapter VI: Multiple Elections
By notice is writing within ten days fromthe date candidate is chosen ,signed byhim & delivered to the EC ,intimatingwhich house he wishes to serve,thereupon his seat in the House not
chosen becomes vacant
Sec 68: Vacation ofseats when elected to
both houses ofParliament
Person already a member of either house
who has taken his seat if chosen for otherhouse ,his seat in the taken housebecomes vacant on the date he is chosen
Sec 69: Vacation ofseats by persons
already members ofone House on
election to otherHouse of Parliament
p p
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PART V: Conduct of Elections- Chapter VI: Multiple Elections
Unless within the prescribed time he
resigns all but one of the seats by writing tothe Speaker/chairman/authority, all theseats shall become vacant
Sec 70: Election tomore than one seat in
either House of
Parliament or in theHouse or either
House of theLegislature of a State
p p
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PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election
Results and Nominations & Declaration of Assets and Liabilities
Publication of Results of Elections to theCouncil of States and of the names ofpersons nominated by President
Sec 71
Publication of Results of Elections for
Reconstitution of electoral colleges forcertain UT [Repealed by the TerritorialCouncils Act, 1956 (103 of 1956)]
Sec 72
Results will be notified in the Official Gazetteby the EC along with the names of themembers elected for the constituency ,henceshall be deemed constituted
Sec 73: Publication ofresults of general
elections to the Houseof People and StateLegislative Assemblies
and of names ofpersons nominated
thereto
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PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election
Results and Nominations & Declaration of Assets and Liabilities
Notification under Sec 73 may be issuedwithout taking into account Parliamentaryconstituencies of J&K and take separatesteps for them
Sec 73A: Specialprovisions as to certain
elections
Publication of results of elections to theState Legislative councils and of names ofpersons, nominated to such councils
Sec 74
Within 90 days from the date of makingoath ,Elected candidate must furnishinformation regarding his assets & liabilities
Sec 75A: Declaration ofAssets and Liabilities
p p
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PART V: Conduct of Elections- Chapter VIII: Election Expenses
Application of Chapter- Only to elections toHouse of People and Legislative Assembly ofa State
Sec 76
Candidate/Election agent shall keep anseparate, correct account of electionexpenditure incurred/authorized betweendate of nomination & declaration of results.
Sec 77: Account ofElection Expenses and
maximum thereof
Within 30 days from the date of election,contesting candidate should lodge with DEOtrue copy of election expenses kept byhim/election agent
Sec 78 : Lodging ofaccount with District
Election Officer
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Panduranga Rao is India's first and only electedcandidate to conduct a referendum on his work.
After 3 years as sarpanch of Allagadapa village
(Nalgonda Dist., AP), he thought it is important to
know his performance as sarpanch and conducteda referendum with help of few NGO's. Out of 1789
polled votes, 1710 supported him. He entered in
Limca book of Records in 2006 as the first elected
representative in India to hold a referendum on histenure. Guinness World Records, is examining to
enter his name. Hats off ,for upholding the spirit of
democracy.
(Source: http://bizgyan.blogspot.in/2009/04/indian-elections-trivia.html)Learning Module for RO/ARO57
Did you know?
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PART VA: Free Supply of Certain Materials to Candidates of Recognized
Political Parties
Subject to conditions laid by CentralGovernment & EC with respect to thereduction of maximum expenditureincurred by the candidate
Govt shall supply through Officers freecopies of Electoral rolls
Sec 78A: Free Supplyof Copies of Electoral
Rolls
EC shall between the date of publication
of notification & date on which poll istaken supply certain items to candidatesin consultation with the Central Govt andits laid conditions
Sec 78B: Supply ofcertain items tocandidates, etc.
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PART VI: Disputes Regarding Elections: Chapter I - Interpretation
Interpretations sub sections (a)to (f) pertain to
definitions of candidate, costs,electoral right ,High Court
,returned candidate
Sec 79
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PART VI: Disputes Regarding Elections: Chapter II- Presentation of
Election Petitions to High Court
No election shall be called in question exceptby an Election petition in accordance withthe provisions laid
Sec 80: ElectionPetitions
Jurisdiction lies with the High CourtSingleJudge & Chief justice & their assigned judge/s
Sec 80A: High Court totry election petitions
By candidate/elector within 45 days of dateof election on grounds specified by sub sec(1)of Sec 100& Section 101 of this Act
Sec 81: Presentation ofPetitions
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PART VI: Disputes Regarding Elections: Chapter II- Presentation of
Election Petitions to High Court
Petitioner to join as a respondent to hispetition when he claims that he /othercandidate has been duly elected
Sec 82: Parties of thePetitions
Contain verified concise statement ofmaterial facts relied on by the petitioner,corrupt practices alleged ,& his signature
Sec 83: Contents ofPetition
Claim a further Declaration that he/other
candidate has been duly elected
Sec 84: Relief that maybe claimed by the
Petitioner
Procedure on receiving petition [Repealedby Representation of the People(Amendment) Act, 1966 (47 of 1966)]
Sec 85:
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
Petitions not complying with provisions of Sec81/82/112 of this Act shall be dismissed
Trial shall be deemed to commence on thedate fixed for the respondents to appearbefore the High Court
Sec 86: Trial of ElectionPetitions
Petition shall be tried in accordance with theprocedure applicable under Code of CivilProcedure,1908 (5 of 1908 to the trial of thesuits & Indian Evidence Act ,1872
Sec 87: Procedurebefore the High Court
Place of Trial Attendance of Law Officers Procedure & Appearance before the Tribunal Powers of tribunal
Sec 88-92 (repealed byAct 47 of 1966)
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
No document shall be inadmissible inevidence at the trial of Election petition onground that it is not duly stamped/registered
Sec 93: DocumentaryEvidence
No witness /other person shall be required tostate for whom he has voted
Sec 94: Secrecy of
Voting not to beInfringed
No witness shall be excused from answeringany question relevant to a trial of election
petition
Sec 95: Answeringcriminating questions &
certificate of indemnity
Reasonable expenses incurred in attending togive evidence to be deemed to be part of thecosts
Sec 96: Expenses ofWitnesses
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
When Declaration claiming election ofany other candidate is made ,thereturned candidate /other party maygive evidence to prove that the electionwould have been void if he had been
the returned candidate
Sec 97: Recriminationwhen seat claimed
At the conclusion of the trial, HighCourt shall make an order for dismissing
the election petition/declaring theelection any/all of the returnedcandidates to be void /other candidateto have been duly elected
Sec 98: Decision of theHigh Court
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
With regard to charge of any corruptpractice ,fixing the total amount of costspayable & persons by &whom costs shall bepaid
Sec 99: Other Orders tobe made by High Court
Various grounds for declaring election of thereturned candidate to be void
Sec 100: Grounds fordeclaring election to be
void
High Court is of the opinion that thepetitioner /other candidate received amajority of the valid votes/votes areobtained by corrupt practice
Sec 101: Grounds for
which candidate otherthan returned
candidate may bedeclared to have been
elected
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
Decision would be taken by RO underprovisions of this Act/High Court shalldecide by Lot
Sec 102: Procedure incase of equality of
votes
High Court shall intimate the substance ofthe decision to the Election Commission &Speaker of House of Parliament
Sec 103:Communication of
orders of HC
EC shall forward copies of the order madeby the High Court to the appropriateauthority/speaker /chairman of house ofParliament
Sec 106: Transmissionof Order toappropriate authority,
etc. and itspublications
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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions
Effect of orders shall take place as it ispronounced by the High Court
Sec 107: Effect oforders of the HC
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PART VI: Disputes Regarding Elections: Chapter IVWithdrawal and
Abatement of Election Petitions
[Repealed by the Representation of thePeople (Amendment)Act, 1966 (47 of1966)
Sec 108: Withdrawalof petitions before
appointment ofTribunal (repealed by
47 0f 1966)
Only by leave of the High Court onmaking an application for withdrawal
Sec 109: Withdrawalof Election Petitions
Refer to the procedure under the Section110
Sec 110 : Procedurefor withdrawal ofelection petitions
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PART VI: Disputes Regarding Elections: Chapter IVWithdrawal and
Abatement of Election Petitions
High Court shall report the fact to the EC,&EC shall publish the report in the OfficialGazette
Sec 111: Report ofwithdrawal by the HC to
the ECI
Shall abate only on the death of a solepetitioner/survivor of several petitioners
Sec 112: Abatement ofElection Petitions
High court shall place notice of norespondent to oppose the petition in theOfficial Gazette & thereby receiveapplications from petitioners to get asubstitute
Sec 116: Abatement orsubstitution on death
of respondent
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PART VI: Disputes Regarding Elections: Chapter IVA- Appeals
Appeal can be made to the Supreme Courtwithin 30 days of order(under Sec 98/99)of High Court
Sec 116A: Appeals toSupreme Court
Before the expiration of the time allowedfor appeal can be made to the HighCourt/Supreme Court for the stay ofoperation of an order
Sec 116B: Stay ofOperation of Order of
High Court
Supreme Court hears the appeal inaccordance with the laid laws and rules
Sec 116C: Procedure ofAppeal
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PART VI: Disputes Regarding Elections: Chapter V- Costs and security for
costs
According to the rules of the High Courtpetitioner shall deposit 2000 rupees assecurity for the costs of the petition
Sec 117: Security forCosts
No person shall be entitled to join unlessgiven security of costs
Sec 118: Security forCosts from
Respondent
Discretion of the High Court to takeorders
Sec 119: Costs
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PART VI: Disputes Regarding Elections: Chapter V- Costs and security for
costs
By the person in whose favor these costsare awarded
Security deposits shall be returned on the
death of the depositor
Sec 121: Payment ofCosts of Security
Deposits and return
of such deposits
Before the principal court of originaljurisdiction within the local limits of theresidence of the person
Sec 122: Execution oforders as to costs
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In five Indian states and one unionterritory, women voters outnumbermen:
Andhra Pradesh
Kerala
Manipur
Meghalaya
Mizoram
Puducherry
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PART VII: Corrupt Practices and Electoral Offences: Chapter I- Corrupt
Practices
Corrupt Practices
Definitions of bribery, undue influence,
inciting religious sentiments, boothcapturing, etc.
Sec 123
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences
Promoting enmity on grounds of religion,race, caste, community ,language, feelings ispunishable
Imprisonment upto 3 years /fine/both
Sec 125: PromotingEnmity between classes
in connection withelection
Imprisonment upto 6 moths/fine/bothSec 125A: Penalty for
filing false affidavit, etc.
Imprisonment upto 2 years/fine/both
Sec 126: Prohibition ofpublic meetings during
period of 48 hours endingwith hour fixed forconclusion of poll
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences
For the date & time specified by the EC by ageneral order
Imprisonment upto 2 years /fine/both
Sec 126A: Restrictionon publication and
dissemination of resultof exit polls, etc.
Offence under sub section (2) Section 126A
Every person responsible for the conduct ofbusiness of the company shall be deemedguilty unless proven
Sec 126B: Offences bycompanies
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences
Public meeting of a political character If Police Officer suspects any person ,he can be
arrested without warrant
Imprisonment upto 6 months /fine upto 2000rupees
Sec 127:Disturbances at
election meetings
Election pamphlet/poster which does not bearthe name & addresses of the printer /publishershall not be printed
Declaration as to the identity of the publisher isto be sent to the printer signed by publisher and
attested by 2 persons personally known to him Copy of the declaration and the document should
be sent by the printer to the CEO/DistrictMagistrate as per location
Imprisonment upto 6 months /fine up to Rs.2000/ both
Sec 127A:Restrictions on the
printing ofpamphlets, posters,
etc.
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences
Officer/clerk/agent/person performing dutyin connection to Election shall notcommunicate to any person any informationcalculated to violate such secrecy
Sec 128: Maintenanceof secrecy of voting
No act for the furtherance of the prospects ofthe election of a candidate should be done
Imprisonment upto 6 months /fine/both
Sec 129: Officers, etc. atelections not to act for
candidates or toinfluence voting
No canvassing on the date/dates on whichthe poll is taken
Fine upto 250 rupees
Sec 130: Prohibition ofcanvassing in or near
polling stations
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral
Offences
Imprisonment upto 3 months /fine/both &Police Officer has the right to arrest and takenecessary actions
Sec 131: Penalty fordisorderly conduct in or
near polling stations
Imprisonment upto 3 months /fine /both
Sec 132: Penalty for
misconduct at the pollingstation
Elector refusing to observe procedure forvoting the ballot paper shall be liable for
cancellation
Sec 132A: Penalty forfailure to observe
procedure for voting
Imprisonment upto 3 months & fine
Sec 133: Penalty for illegalhiring or procuring of
conveyance at theelections
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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral
Offences
Fine upto 500 Rupees Applicable to DEO, RO, ARO, PrO ,Polling
Officers & any other person appointed toperform duty in connection with receipt ofnomination of withdrawal of candidatures
/recording/counting of votes
Sec 134: Breaches of officialduty in connection with
elections
Imprisonment upto 3 months/fine/both
Sec 134A: Penalty forgovernment servants foracting as election agent,polling agent or counting
agent
Except RO, Presiding Officer/Police Officer/person appointed to maintain peace & orderat the polling station
Imprisonment upto 2 years/fine /both
Sec 134B: Prohibition ofgoing armed to or near a
polling station
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Unauthorizedly takes ballot paper outsidethe polling station
Imprisonment upto 1 year/fine upto 500rupees/both
Sec 135: Removal ofballot papers from
polling station to be anoffence
Imprisonment upto 3 years & fine ,ifcommitted by a person in service ofGovernment term is upto 5 years & fine
Booth capturing: seizure/taking possessionof polling station/place of counting of votes/threatening any elector
Sec 135A: Offence ofbooth capturing
Every person entitled to vote at an electionto be granted a day of poll withoutdeduction of wages
Sec 135B: Grant of paidholiday to employees
on the day of poll
PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral
Offences
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Within a polling area during 48 hoursending with the conclusion of the poll
Sec 135C: Liquor notto be sold, given or
distributed on pollingday
Guilty of electoral offence :tampering withballot box or ballot paper /nomination
paper fraudulently Imprisonment upto 6 months or 2 years
/fine /both
Sec 136: Otheroffences and penaltiesthereof [Sub sections
to (1)-(4)]
PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral
Offences
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PART VIII: Disqualifications: Chapter IVPowers of Election Commission
in connection with Inquires as to Disqualification of Members
For purposes of inquiry ,EC has the powers ofa Civil Court while trying a suit under the Codeof Civil Procedure, 1908
Sec 146: Powers ofElection Commission
No statement made by a person in the courseof giving evidence be used against him in anycivil/criminal proceeding except a prosecutionfor giving false evidence
Sec 146A: Statementsmade by Person to theElection Commission
EC has the power to regulate its own
procedure
Sec 146B: Procedure to
be followed by theElection Commission
No suit/prosecution for action taken in goodfaith
Section 146C: Protectionof action taken in good
faith
(Chapters I-III repealed by 47 of 1966)
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20,140 litres of violet ink are used in
Parliamentary General Elections to putink from top of the nail to the bottom ofvoters.
Voters' ink/ Indelible Ink was developed
by the Delhi-based National PhysicalLaboratory, the ink's manufacturing hasbeen licensed to Mysore Paints, a 72-year-old company owned by theKarnataka government.
Only one man in the company knows theformula for making the ink - its qualitycontrol manager. And he does it behind asecure, locked door and alone.
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PART IX: Bye Election
Casual Vacancies in the Council of StatesSec 147
Casual Vacancies in the electoral colleges forcertain UT [Repealed by the TerritorialCouncils Act, 1956 (103 of 1956)]
Sec 148
Notification in the Official Gazette to callupon the Parliamentary constituencyconcerned to elect a person
Sec 149: CasualVacancies in the House
of the People
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PART IX: Bye Election
Notification in the Official Gazette ,EC shall callupon the Assembly constituency to elect aperson
Sec 150: CasualVacancies in the StateLegislative Assemblies
Casual Vacancies in the State LegislativeCouncils
Sec 151
Time limit for filling vacancies referred to insections 147, 149, 150 and 151
Sec 151A
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PART X: Miscellaneous
RO should maintain a list of electedmembers of that Legislative Assembly
Copies of such shall be made available forSale
Sec 152: List ofMembers of the StateLegislative Assembliesand electoral collegesto be maintained by
returning officersconcerned
Amendments should be made in theNotification issued by the EC
Sec 153: Extension oftime for completion of
election
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PART X: Miscellaneous
Term of Office of members of the Councilof States
Sec 154:
Commencement of the term of office ofmembers of the Council of States
Sec 155
Term of Office of members of the State
legislative CouncilsSec 156
Commencement of the term of office ofmembers of the State Legislative Councils
Sec 157
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PART X: Miscellaneous
To be done as soon as the results of theelection are declared, in case of death as soonas the publication of list
Sec 158: Return orforfeiture of candidates
deposit
On request of Regional Commissioner /CEO ofthe state for RO
Authorities: Local Authority ,University underCentral, Provincial Act, Govt. Company
Sec 159: Staff of certainauthorities to be madeavailable for election
work
By State Government order in writing forrequisition to be used until the completion ofthe poll
Sec 160: Requisitioningof premises, vehicles,
etc. for electionpurposes
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PART X: Miscellaneous
Compensation amount for Requisition ofpremises/vehicle etc to the person(owner)
Sec 161: Payment ofcompensation
From owner of the property ,informationrelated to the possessed property
Sec 162: Power toobtain information
Person Authorized by the State Government
Sec 163: Power ofentry into and
inspection of premisesetc.
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PART X: Miscellaneous
Any person remaining in possession of any
requisitioned premises in contravention ofany order made by the Govt. through anOfficer
Sec 164: Eviction fromrequisitioned premises
By delivering the possession to the ownerSec 165: Release of
premises from requisition
Notification in the Official Gazette direct theexercise of powers of the State Government
by the specified officers
Sec 166: Delegation offunctions of the StateGovt. with regard to
requisitioning
Imprisonment upto 1 year /fine /both
Sec 167: Penalty forcontravention of any
order regardingrequisitioning
Learning Module for RO/ARO
Representation of the Peoples Act 1951
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8/21/2019 Representation of Peoples Act 1950
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92
PART XI: General
Central Govt. after consulting with theElection Commission by notification in theOfficial Gazette make rules for carrying outthe purposes of this Act
Sec 169
No civil court shall have jurisdiction toquestion the legality of any action by theRO /person appointed under this Act inconnection with election
Sec 170: Jurisdictionof civil courts barred
Learning Module for RO/ARO
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8/21/2019 Representation of Peoples Act 1950
93/93
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