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THE REPRESENTATION OF THE PEOPLE ACT, 1951

Title : THE REPRESENTATION OF THE PEOPLE ACT, 1951

Year : 1951



(1) A person shall not be qualified to be chosen as a representative of any Part A or Part B State (other than the State of Jammu and Kashmir) in the Council of States unless he is an elector for a Parliamentary constituency in that state.

(2) A person shall not be qualified to be chosen as a representative of the States of Ajmer and Coorg or of the States of Manipur and Tripura in the Council of States unless he is an elector for any Parliamentary constituency in the State in which the election of such representative is to be held.

(3) Save as otherwise provided in sub-section (2) a person shall not be qualified to be chosen as a representative of any Part C State or group of such States in the Council of States unless he is an elector for a Parliamentary constituency in that State or in any of the States in that group, as the case may be,



A person shall not be qualified to be chosen to fill a seat in the House of the People, other than a seat allotted to the state of Jammu and Kashmir or to the Andaman and Nicobar Islands, unless-

(a) In the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency;

(b) In the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam,) he is a member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency;

(c) In the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; and

(d) In the case of any other seat, he is an elector for any parliamentary constituency.



A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless

(a) In the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State;

(b) In the case of a seat reserved for an autonomous district of Assam, other than a seat the constituency for which comprises the cantonment and municipality of Shillong, he is a member of a Scheduled Tribe of that district and is a elector for the Assemble constituency in which such seat or any other seat is reserved for that district; and

(c) In the case of any other seat, he is an elector for any Assembly constituency in that State.



(1) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative council of a State to be filled by nomination by the Governor or the Rajpramukh, as the case may be, unless he is ordinarily resident in the State.



A person shall be disqualified for being chosen as, and for being, a member of either House, of Parliament or of the Legislative Assembly or Legislative Council of a State-

(a) If, whether before or after the commencement of the Constitution, he has been convicted, or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty, of any offence or corrupt or illegal practice which has been declared by section 139 or section 140 to be an offence or practice entailing disqualification for membership of Parliament and of the Legislature of every State, unless such period has elapsed as has been provided in that behalf in the said section 139 or section 140, as the case may be;

(b) If, whether before or after the commencement of the Constitution, he has been convicted by a court in India of any offence and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such less period as the Election Commission may allow in any particular case, has elapsed since his release;

(c) If, having been nominated as a candidate for Parliament or the Legislature of any State or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by or under this Act, unless five years have elapsed from the date by which the return ought to have been lodged or the Election Commission has removed the disqualification;

(d) If, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account, he has any share or interest in a contract for the supply of goods to, or for the execution of any works or the performance of any services undertaken by, the appropriate Government;

(e) If he is a director or managing agent of, or holds any office of profit under, any corporation in which the appropriate Government has any share or financial interest;

(f) If, having held any office under the Government of India or the Government of any State or under the Crown in India or under the Government of an Indian State, he has, whether before or after the commencement of the Constitution, been dismissed for corruption or disloyalty to the State, unless a period of five years his elapsed since his dismissal.



(1) Notwithstanding anything in section 7-

(a) A disqualification under clause (a) or clause (b) of that section shall not, in the case of a person who becomes so disqualified by virtue of a conviction or a conviction and sentence and is at the date of the disqualification a member of Parliament or of the Legislature of a State, take effect until three months have elapsed from the date of such disqualification, or if within these three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of;

(b) A disqualification under clause (c) of that section shall not take effect until the expiration of two months from the date by which the return of election expresses ought to have been lodged or of such longer period as the Election Commission may in any particular case allow;

(c) A disqualification under clause (d) of that section shall not, where the share or interest in the contract devolves on a person by inheritance or succession or as a legatee, executor or administrator, take effect until the expiration of six months after it has so devolved on him or of such longer period as the Election Commission may in any particular case allow;

(d) A person shall not be disqualified under clause (d) of that section by reason of his having a share or interest in a contract entered into between a public company of which he is a shareholder but is either a director holding an office of profit under the company nor a managing agent and the appropriate Government;

(e) A person shall not be disqualified under clause (e) of that section by reason of his being a director unless the office of such director is declared by Parliament by law to so disqualify its holder;

(f) A disqualification under clause (e) of that section shall not, in the case of a director, take effect where the law making any such declaration as is referred to in clause (e) of this section in respect of the office of such director has come into force after the director has been chosen a member of Parliament or of the Legislature of a State, as the case may be, until the expiration of six months after the date on which such law comes into force or of such longer period as the Election Commission may in any particular case allow;

(g) A disqualification under clause (f) of that section may, in, the case of any of the candidates for the first elections under this Act, be removed by the Election Commission for reasons to be recorded by it in writing.

(2) Nothing in clause (d) of section 7 shall extend to a contract entered into between a co-operative society and the appropriate Government.



(I) In this Chapter-

(a) "Appropriate Government " means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Central Government, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government;

(b) "Public company" means a public company as defined in section 2 of the Indian Companies Act, 1913 (VII of 1913).

(II) For the avoidance of doubt it is hereby declared that where any such contract is referred to in clause (d) of section 7 has been entered into by or in behalf of a Hindu undivided family and the appropriate Government, every member of that family shall become subject to the disqualification mentioned in the said clause; but where the contract has been entered into by a member of a Hindu undivided family carrying on a separate business in course of such business, any other member of the said family having no share or interest in that business shall not become subject to such disqualification.

(3) If any question is raised as to whether a person who, having held any office referred to in clause (f) of section 7, has been dismissed is disqualified under that clause for being chosen as a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State, the production of a certificate issued in the prescribed manner by the Election Commission to the effect that such person has not been dismissed for corruption or disloyalty to the State shall be conclusive proof that he is not disqualified under that clause.



A person shall not be qualified to be chosen as a member of an electoral college for any scheduled Part C State, unless he is an elector for any Council of State constituency in that State.



A person shall be disqualification for being chosen as a member of an electoral college for any scheduled Part C State if he is for the time being any of the provisions of article 102.
Last updated on September, 2016

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