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THE ELECTION LAWS (AMENDMENT) ACT, 2003

Title : THE ELECTION LAWS (AMENDMENT) ACT, 2003

Year : 2003



In the Representation of the People Act, 1951 (43 of 1951) (hereafter in this Chapter referred to as the principal Act), in section 59, for the words", and no votes shall be received by proxy", the words "and, save as expressl provided by this Act, no votes shall be received by proxy" shall be substituted.



For section 60 of the principal Act, the following section shall be substituted, namely:-

"60. Special procedure for voting by certain classes of persons.-

Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling-

(a) Any of the persons as is referred to in clause (a) or clause (b)
of sub-section (8) of section 20 of the Representation of the People
Act, 1950 (43 of 1950) (hereafter in this section referred to as the
1950-Act) to give his vote either in person or y postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;

(b) Any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:-

(i) Any person as is referred to in clause (c) or clause (d) of sub - section (8) of section 20 of the 1950-Act;

(ii) The wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;

(c) Any person belonging to a class of persons notified by the
Election Commission in consultation with the Government to give his vote by postal ballot and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfillment of such requirements as may be specified in those rules;

(d) Any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfillment of such requireme ts as may be specified in those rules.".



In section 62 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:-

"(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.".

Last updated on July, 2016

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