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THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952

Title : THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952

Year : 1952



(1) For the purposes of each election the Election Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Returning Officers.

(2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer.




(1) The Election Commission shall, by notification in the Official Gazette, appoint for every election-

(a) The last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) The date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(c) The last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) The date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of the candidatures.

(2) In the case of the first Presidential and Vice-Presidential elections, the notifications under sub-section (1) shall be issued as soon, as may be after both Houses of Parliament have been constituted.

(3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vice-President, as the case may be, and the dates shall be so appointed under the said subsection that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing President or Vice-President, as the case may be.

(4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy.

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1. Subs. by Act 5. of 1974, S. 3 for sub-section (1).

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On the issue of a notification under sub-section (1) of section 4, the, returning officer for the election shall give public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

5A. Nomination of candidates

Any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution.

5B.2*[3*[ Presentation of nomination papers and requirements for a valid nomination

(1) On or before the date appointed under clause (a)of sub-section (1) of section 4, each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven-o-clock in the forenoon and three-o-clock in the afternoon, deliver to the returning officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and (a) in the case of Presidential election, also by at least fifty electors as proposers and at least ten electors seconders;

(b) In the case of Vice-Presidential election, also by at least 3twenty electors as proposers and at least twenty electors as seconders:

Provided that no nomination paper shall be presented to the returning officer on a day which is a public holiday.

(2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector.

(3) The returning officer shall not accept any nomination paper which is presented on any day before eleven-o-clock in the forenoon and after three o-clock in the afternoon.

(4) Any nomination paper which is not received before three o-clock in the afternoon on the last date appointed under clause (a)
of sub-section (1) of section 4 or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a-brief note relating to such rejection shall be recorded on the nomination paper itself.

(5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered.

(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election:

Provided that not more, than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer.

5C. Deposit.

(1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of 4fifteen thousand rupees:

Provided
that where a candidate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required of him under this sub-section.

(2) The sum required to be deposited under sub-section (1) shall not, be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under subsection (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.]

5D. Notice of nominations and the time and place for their scrutiny.

On the presentation of a nomination paper, the returning officer shall-

(a) Sign thereon a certificate stating the date and time of presentation of the nomination paper and enter thereon its serial number;

(b) Inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations; and

(c) Cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a).

5E. 4*Scrutiny of nominations.

(1) On the date fixed for the scrutiny of nominations under sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under sub-section (4) of section 5B.

(2) For the removal of doubts, it is hereby declared that it small not be necessary to scrutinise on the date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of section 5B.

(3) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination paper and may, either on such objection or on his own notion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-

(a) That, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election as President or vice-President, as the case may be, under the Constitution;or

(b) That any of the proposers or seconders is not qualified to subscribe a nomination paper under sub-section (1) of section 5B; or

(c) That the nomination paper is not subscribed by the required number of proposers or seconders; or

(d) That the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud; or

(e) That there has been a failure to comply with any of he provision of section 5B or section 5C.

(4) Nothing contained in clauses (b) to (e) of sub-section (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.

(5) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

(6) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of sub-section (1) of section 4 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control.

Provided that in case an objections is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the, next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.

(7) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

(8) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved, that he, is subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950.]

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1. Subs. by Act 5 of 1974, s. 4 for s. 56.

2 & 3. Subs. by Act 35 of 1997, s. 2 (w.e.f. 29-8-1997).

4. Subs. by Act 35 of 1997, s. 3 (w.e.f. 29-8-1997).

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(1) Any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three o'clock in the afternoon on the date fixed under clause (c) of sub-section (1) of section 4, to the Returning Officer either by such candidate in person or 1*[by any one of his proposers or seconders] who has been authorised in this behalf in writing by such candidate.

(2) No person who has given notice withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.

(3)2* The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.

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1. Subs. by Act 5 of 1974, s.5, for certain words.

2. Subs. by s. 5, ibid, for sub-section (3).

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If a candidate, whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact, to the Election Commission, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided
that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

Provided further that no person who has under sub-section (1) of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.




If after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 6-

(a) There is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that subsection, the Returning Officer shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, as the case may be;

(b) The number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the
Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken;

(c) There is no candidate who has been duly nominated and has not so withdrawn his candidature, the Returning Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and for that purpose the Election Commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such election and issue another notification under that subsection appointing the dates referred to in that sub-section for the purposes of such fresh election.




At every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.


 
At every election where a poll is taken, votes shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting.



When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner provided by this Act or the rules made there under.



As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the name of the person elected to the office of President or Vice-President, as the case may be.

Last updated on August, 2016

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