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THE REPRESENTATION OF THE PEOPLE ACT, 1950

Title : THE REPRESENTATION OF THE PEOPLE ACT, 1950

Year : 1950



[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), Section 17].



(1) In this section, "local authorities' constituency", "graduates' constituency" and "teachers' constituency" mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171.

1*[(2) For the purpose of elections to the Legislative Council of a State in any local authorities' constituency-

(a) The electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule;

(b) Every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency;

(c) The electoral registration officer for every local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date;

(d) In order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and

(e) The provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies as they apply in relation to assembly constituencies.]

(3) For the purpose of elections to the Legislative Council of a State in the graduates' constituencies and the teachers' constituencies, the State Government concerned may, with the concurrence of the Election Commission, by notification in the Official Gazette, specify-

(a) The qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and

(b) The educational institutions within the State not lower in standard than that of a secondary school.

2*[(4)The provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates' constituencies and teachers' constituencies as they apply in relation to assembly constituencies.]

(5) Subject to the foregoing provisions of this section, -

3[***]

4*[(a)] Every person who 5*[is] ordinarily resident in a graduates' constituency and has, for at least three years 6*[before the qualifying date], been either a graduate of a university in the territory of India or in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and

7*[(b)] Every person who 5*[is] ordinarily resident in a teachers' constituency, and has, within the six years immediately 6*[before the qualifying date] for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency.

8*[(6) For the purposes of sub-section (4) and (5) the qualifying date shall be the 1st day of November of the year in which the preparation or revision of the electoral roll is commenced.]

27A - Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

(1) 9*[For the purpose of filling any seat] or seats in the Council of States allotted to any 10*[Union territory]11[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 12*[each such territory]13[***].

13[***]

14[***]

15*[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act, 1966 (19 of 1966).]

16*[(4)17*[The electoral college for the Union territory of 18[***] Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]

19[***]

20[***]

27B - Electoral college constituencies (Repealed)

[Rep. by the Territorial Council Act, 1956 (103 of 1956), Section 65].

27C - Delimitation of electoral college constituencies (Repealed)

[Rep. by the Territorial Council Act, 1956 (103 of 1956), Section 65].

27D - Power to alter or amend orders (Repealed)

[Rep. by the Territorial Council Act, 1956 (103 of 1956), Section 65].

27E - Procedure as to orders delimiting constituencies (Repealed)

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), Section 21].

27F - Electoral rolls for Council of States constituencies (Repealed)

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) Section 22].

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

If a person who is a member of an electoral college becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the electoral college.

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

21[***]

The seat or seats in the Council of States allotted to any 22*[Union territory]23[***] in the Fourth Schedule to the Constitution shall be filled by a person or persons elected by the members of the electoral college for 24*[that territory]25[***] in accordance with the system of proportional representation by means of the single transferable vote:-

26*[Provided that the person who immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Part C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the scat allotted to the Union territory of Tripura.]

27I - Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and (Coorg and the States of Manipur and Tripura (Repealed)

[Rep. by the Adaptation of Laws (No. 2) Order, 1956].

27J - Powers of electoral colleges to elect notwithstanding vacancies therein

No election by the members of an electoral college 27[***] under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college 27[***]

27K - Electoral colleges for certain States for which Legislative Assemblies have been constituted (Repealed)

[Rep. by the Adaptation of Laws (No. 2) Order, 1956].

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1. Substituted by Act 2 of 1956, Section 18, for sub-section (2).

2. Substituted by Act 2 of 1956, Section 18, for sub-section (4).

3. Clause (a) Omitted by Act 2 of 1956, Section 18.

4. Clause (b) re-lettered as clause (a) by Act 2 of 1956, Section 18.

5. Substituted by Act 40 of 1961, Section 4, for "on the qualifying date was" w.e.f. 20-9-1961.

6. Substituted by Section 4, for "before due date" w.e.f. 20-9-61.

7. Clause (c) re-lettered as clause (b) by Act 2 of 1956, Section 18.

8.  Substituted by Act 40 of 1961, Section 4, for sub-section (6) w.e.f. 20-9-1961.

9. Sub stitutional by Act 29 of 1975, Section 11 w.e.f. 15-8-1975.

10. Sub stitutional by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States.

11. The words "or group of such States" omitted by the Adaptation of Laws (No. 2) Order, 1956.

12. Sub stitutional by the Adaptation of Laws (No. 2) Order, 1956.

13. The words "or group of states" and proviso omitted by Act 2 of 1956.

14. Sub-section (2) omitted by Act 20 of 1963, Section 57 and Schedule II.

15. Substitutional by Act 19 of 1966, Section 35, for sub-section (3).

16. Substitutional by Act 20 of 1963, Section 57 and Schedule II, for sub-section (4).

17. Substitutional by Act 69 of 1986, Section 7, for certain words w.e.f. 20-2-1987.

18. The word "Mizoram" omitted by Act 34 of 1986, Section 7 w.e.f. 20-2-1987.

19. Sub-section (5) omitted by Act 29 of 1975, Section 11 w.e.f. 15-8-1975.

20. Sub-section (6) omitted by Act 32 of 1954, Section 7.

21. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

22. Substitutional by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States".

23. The words "or group of such States" omitted by the Adaptation of Laws (No. 2) Order, 1956.

24. Substitutional by the Adaptation of Laws (No. 2) Order, 1956, for "such State."

25 . The words "or group of States" omitted by Act 2 of 1956, Section 23.

26. Inserted by the Adaptation of Laws (No. 2) Order, 1956.

27. Certain words omitted by Act 49 of 1951, Section 44 and Schedule V.

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Last updated on September, 2016

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