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THE REPRESENTATION OF THE PEOPLE ACT, 1951

Title : THE REPRESENTATION OF THE PEOPLE ACT, 1951

Year : 1951



A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.

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1 Subs. by Act 27 of 1956, s. 23, for s. 40.

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Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]

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1. Subs. by Act 47 of 1966, s. 31, for s. 41 (w.e.f. 14-12-1966).

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(1) Any revocation of the appointment of an election agent, 1* * *, shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.

2*[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

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1. The words "whether he be the candidate himself or not" omitted by Act 27 of 1956, s. 24.

2. Subs. by s. 24, ibid., for sub-section (2).

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Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25.



Rep. by s. 25 ibid.



An election agent may perform such functions in connection with the election as are authorised by or under this Act to be per-formed by an election agent.]

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1. Subs. by s. 26, ibid., for s. 45.

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A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.

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1. Subs. by Act 27 of 1956, s. 27, for s. 46.

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A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.

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1. Subs. by s, 28, ibid., for s. 47.

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(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forth with give notice of such appointment in the prescribed manner to such officer as may be prescribed.

(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer.



(1) A polling agent may perform such functions in connection with the poll as are authorized by or under this Act to be performed by a polling agent.

(2) A counting agent may perform such functions in connection with the counting of votes as are authorized by or under this Act to be performed by a counting agent. 



(1) At every election where a poll is taken, each 1*[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub- section (1) of section 29 for the poll.

(2) A 1*[contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such 1*[contesting candidate] if appointed, would have been authorized by or under this Act to do, or may assist any polling, agent or the counting agent of such 1*[contesting candidate] in doing any such act or thing.

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1 Subs. by Act 58 of 1958, s. 20, for "candidate".

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Where any act or thing is required or authorized by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, -invalidate the act or thing done. 



If a candidate, set up by a recognised political party,-

(a) Dies at any time after 11 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 36; or

(b) Whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 36; or

(c) Dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the Election Commission and also to the appropriate authority and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(2) The Election Commission shall, on receipt of a report from the returning officer under sub-section (1), call upon the recognised political party, whose candidate has died; to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations:

Provided that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.

(3) Where a list of contesting candidates had been published under section 38 before adjournment of the poll under sub-section (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under sub-section (2).

Explanation
.-For the purposes of this section, sections 33 and 38, "recognised political party" means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.]

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1. Subs. by Act 2 of 1992, s. 2 (w.e.f.4.1.1992).

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(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2*[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3* * * as the case may be, to elect a person or persons to fill the remaining seat or seats 4* * * :

Provided
that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 3* * * having already been called upon under this sub-section, has or have failed to elect a person. or the requisite number of persons, as the case may be,, to fill the vacancy or vacancies, the 2* [Election Commission] shall not be bound to call again upon the constituency, or such members to elect a person or persons 5*[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency or such members].

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1. Subs. by Act 27 of 1956, s. 30, for sub-section (1).

2. Subs. by s. 30, ibid., for " appropriate authority".

3. The words "or the elected members of the Coorg Legislative Council omitted by Act 49 of 1951, s. 44 and Sch. V.

4. The words "before such date as may be appointed in this behalf by the Election Commission and specified in the notification " omitted by Act 27 of 1956, s. 30.

5.Subs. by s. 30, ibid.,, for " until such date as the Election Commission may specify in this behalf".

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Rep. by the  Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).



For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 1[or under the Government of Union Territories Act, 1963, (20 of 1963.) as the case may be.]2*

55A. [Retirement from contest at elections in Parliamentary and Assembly constituencies.]

Rep. by the Representation of the People (Amendment) Act, 1958 (58 of 1958), Fixing time for poll. The 3*[Election Commission] shall fix the hours during which the poll will be taken ; and the hours so fixed shall be published in such manner as may be prescribed:

Provided that the total period allotted on any one day for polling at an election in 4*[a Parliamentary or Assembly constituency] shall. not be less than eight hours.

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1. Ins. by Act 20 of 1963, s. 57 and Sch. 11. The words " or under the Government of Part C States Act, 1951, as the case may be" ins. by Act 27 of 1956, s. 32, omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Ins. by Act 27 of 1956, s. 33.

3. Subs. by s. 34, ibid., for " appropriate authority,-".

4. Subs. by Act 58 of 1958, s. 23, for " a constituency".

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(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such, place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.

(2)Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the appropriate authority and the Election Commission, and shall, as soon as may be, with the previous approval of the Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) In every such case as aforesaid, the returning officer shall notify in such manner as the Election Commission may direct the date, place and hours of polling fixed under sub-section (2).



(a) Any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained, or

2*[(aa) Any voting machine develops a mechanical failure during the course of the recording of votes; or"]

(b) Any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon the Election Commission shall, after taking all material circumstances into account, either-

(a) Declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or

(b) If satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 2*[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election.

(3) The provisions of this Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.]

58A. 3*Adjournment of poll or counter manding of election on the ground of booth capturing.

(1) If at any election,-

(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.

(2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either-

(a) Declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or

(b) If satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency.

Explanation
.-In this section, "booth capturing" shall have the same meaning as in section 135A.]

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1 Subs. by Act 40 of 1961, s. 13, for s. 58 (w.e.f. 20-9-1961).

2 Ins. by Act 1 of 1989 s. 9(w.e.f. 15-3-1989).

3 Ins. by s. 10, ibid. (w.e.f. 15-3-1989).

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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.



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 following persons to give his vote by postal ballot,and not in any other manner, at an election in a constituency where a poll is taken, namely:-

1*[(i) Any person to whom the provisions of sub- section(3) of section 20 of the Representation of the People Act, 1950 apply (43 of 1950.)

(ii) The wife of any such person as is referred to in sub clause (i) to whom the provisions of sub-section (6) of the said section 20 apply;]

(b) 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 requirements as may be specified in those rules.

2*["(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".]

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1. Sub.by Act 47 of 1960 s. 33, for sub-clauses (i), (iii) and (iv). Sub-clause (ii) was Omitted by Act 58 'of 1958, a. 24.

2. Ins. by Act 30 of 1999, s. 2 (w.e.f. 21-7-1999).

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With a view to preventing personation of electors provision may be made by rules made under this Act:-

(a) For the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;

(b) For the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950, (43 of 1950.) electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto ; and

(c) For prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such, a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station.]

61A. 2* Voting machines at elections.

Notwithstanding anything contained in this Act or the rules made there under, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.

Explanation.-For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference 'to a ballot box or ballot paper in this Act or the-rules made there under shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election'.

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1. Subs. by Act 58 of 1958, s. 25, for s. 61.

2. Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989)

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(1) No person who is not, and except as expressly provided by this Act every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.

(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950.

(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.

(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise,or is in the lawful custody of the police :

Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.



Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 14 (w.e.f.20-9-1961).



At every election where a poll is taken, votes shall be counted by. or under the 1[supervision and direction] of, the returning officer, 2[and each contesting candidate], his election agent and his counting agents, shall have a right to be present at the time of counting.

1[64A. Destruction, loss, etc., of ballot papers at the time of counting.

(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon, the Election Commission shall, after taking all material circumstances into account, either-

(a) Direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or

(b) If satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.]

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1 Ins. by Act 47 of 1966 s. 34 (w.e.f. 14-12-1966).

2 Subs. by s. 35, ibid, for "shall forthwith declare" (w.e.f. 14-12- 1966).

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If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.



When the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the Election Commission to the contrary, 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 appropriate authority and the Election Commission, and in the case of an election to a House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.

1[67A. Date of election of candidate.

For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2* * *, 3* * * or section 66, to be elected to a House of Parliament or of the Legislature of a State 4*** shall be the date of election of that candidate.]

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1. Ins. by Act 27 of 1956. s. 37.

2. The word and figures " section 54 " omitted by Act 40 of 1961, s. 15 (w.e.f.20-9-1961).

3. The word, figures and letter " section 55A " omitted by Act 58 of 1958, s. 27.

4. Certain words omitted by Act 103 of 1956. s. 66.

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(1) Any person who is chosen a member of both the House of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 1*[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.

(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant.

(3) Any intimation given under sub-section (1) shall be final and irrevocable.

2*[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]

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1. Subs. by Act 27 of 1956, s. 38, for certain words.

2. Ins. by s. 38, ibid.

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(1) If a person; who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 1*[on the date on which he is so chosen], become vacant.

(2) If a person who is already. a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, 2*[on the date on which he is so chosen], become vacant.

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1. Subs. by s. 39. ibid.. for "on the publication In the Gazette of India of the declaration that he has been so chosen".

2. Subs. by Act 27 of 1956, s. 39, for "on the publication in the Gazette of India of the declaration that he has been so chosen".

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If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats 1*[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.

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1. Ins. by s. 40, ibid.

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After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the Legislative Assemblies of the States and by the members of the electoral colleges for the various 2*[Union territories] at the said elections together with the names of any persons nominated by the President to the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.

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1. Subs' by s. 41, ibid., for ss. 71 to 75.

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

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Rep., by the Territorial Councils Act, 1956 (103 of 1956), s. 66.



Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 1*[the Election Commission] in the Official Gazette, as soon as may be after 2*[the results of the elections in all the constituencies (other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153) have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 3* * * and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted :-

Provided
that the issue of such notification shall not be deemed-

4*[(a) To preclude-

(i) The taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed Under clause (d) of section 30; or

(ii) The completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the Provisions of section 153; or]

(b) To affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notification.

73A. 5*Special provision as to certain elections.

Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a new House of the People upon dissolution of the Ninth House of the People,-

(a) The notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and

(b) The Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and on such date or dates as it may deem appropriate.]

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1. Subs. by Act 40 of 1961, s. 16, for "the appropriate authority" (w.e.f.20-9-1961).

2. Subs. by Act 10 of 1967, s. 2, for certain words.

3. Certain words omitted by Act 40 of 1961. S. 16 (w.e.f. 20-9-1961).

4. Subs. by Act 10 of 1967, s. 2, for cl. (a) of the proviso. 

5. Subs. by Act 31 of 1991, s. 2 (w.e.f. 18-4-1991)

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After the elections held 1*[in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members or the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor. 2* * * under sub-clause (e) of clause (3) of article 171.]

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1. Ins. by Act 37 of 1957, s. 13.

2. The words " or Rajpramukh, as the case may be omitted by the Adapatation of Laws (No. 2) Order. 1956.

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This Chapter shall apply only to elections to the House of the People and to the Legislative Assembly of a State.

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1. Subs. by Act 27 of 1966, s.42. for ss. 76 to 78.

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(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between 1*[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.

2*[Explanation 1.-Notwithstanding any judgment, order or decision of any court to the contrary, any expenditure incurred or authorized in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be, and shall not ever be deemed to have been, expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purposes of this sub- section.

Provided that nothing contained in this Explanation shall affect. by the election of a candidate to the House of the People or by the election of a candidate to the House of the People or to the Legislative Assembly of a State has been declared void or set aside before the commencement of the Representation of the People (Amendment) Ordinance, 1974;

(b) Any judgment, order or decision of a High Court whereby the election of any such candidate has been declared void or set aside before the commencement of the said Ordinance, if no appeal has been preferred to the Supreme Court against such judgment, order or decision of the High Court before such commencement and the period of limitation for filing such appeal has expired before such commencement. 4* * * * *

3*[Explanation 3.-For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this subsection.]

(2) The account shall contain such particulars, as may be prescribed.

(3) The total of the said expenditure shall not exceed such amount as may be prescribed.

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1. Subs. by Act 40 of 1975, s. 6, for certain words (retrospectively).

2. Ins. by Act 58 of 1974, s. 2 (w.e.f. 19-10-1974).

3. Ins. by Act 40 of 1975, s.6 (retrospectively).

4. Omitted by Act 1 of 1989, s. 12 (w.e.f 15-3-1989)

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1*[(1) Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 2*[district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.

3*[(2) The reference to the district election officer in sub- section (1) shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency.]

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1. S. 78 re-numbered as sub-section. (1) of that section by Act 47 of 1966, s. 36 (w.e.f. 14-12-1966).

2. Subs. by s. 36, ibid., for "returning officer" (w.e.f. 14-12-1966).

3. Ins. by s. 36 ibid. (w.e.f. 14-12-1966).

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In this Part and in 1*[Part VII], unless the context otherwise requires-

2*[(a) Any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;]

3*[(b) "Candidate" means a person who has been or claims to have been duly nominated as a candidate at any election;]

(c) "Costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; 

(d) "Electoral right" means the right of a person to stand or not to stand as, or 4*[to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at an election ;

5*[(e) "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held ;]

(f)"Returned candidate" means a candidate whose name has been published under section 67 as duly elected.

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1. Subs. by s. 37, ibid., for Parts VII and VIII (w.e.f. 14-12- 1966).

2. Ins. by s. 37, ibid. (w.e.f. 14-12-1966). Original cl. (a) was omitted by Act 37 of 1956, s. 43.

3. Subs. by Act 40 of 1975, s. 7 for clause (b) (retrospectively)

4. Subs. by Act 47 of 1966. s. 37, for "to withdraw" (w.e.f. 14-12- 1966).

5. Subs. by s. 31, ibid., for cl. (e) (w.e.f. 14-12-1966).

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No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.

80A. 1*High Court to try election petitions.

(1) The Court having jurisdiction to try an election petition shall be the High Court.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose :

Provided
that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.

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1. Ins. by Act 47 of 1966, s. 38 (w.e.f. 14-12-1966).

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(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 1*[sub-section (1)] of section 100 and section 101 to the 2*[High Court] by any candidate at such election or any elector 3*[within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned Candidate at the election and the dates of their election are different, the later of those two dates].

Explanation.-In this sub-section, "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not. 4* * *

5*[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 6* * *, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]

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1. Subs. by Act 27 of 195 s. 44, for " sub-sections (1) and (2)

2. Subs. by Act 47 of 196 s. 39. for "Election Commission" (w.e.f. 14-12-1966).

3. Subs. by Act 27 of 1956 s. 44, for certain words.

4. Sub-section (2) omitted by Act 47 of 1966. s. 39 (w.e.f. 14-12- 1966).

5. Ins. by Act 40 of 1961. s. 17 (w.e.f. 20-9-1961).

6. The words "and one more copy for the use of the Election Commission" omitted by Act 47 of 1966. s. 39 (w.e.f. 14-12-1966).

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A petitioner shall join as respondents to his petition-

(a) Where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates ; and

(b) Any other candidate against whom allegations of any corrupt practice are made in the petition.]

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1. Subs. by Act 27 of 1956, s. 45, for s. 82.

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(1) An election petition-

(a) Shall contain a concise statement of the material facts on which the petitioner relies;

(b) Shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) Shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.) for the verification of pleadings:

2*[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.]

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.]

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1 Subs. by s. 46 ibid.. for s. 83.

2 Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961).

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A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]

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1 Subs. by Act 27 of 1956. s. 47, for s. 84.

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Rep. by the Representation of the people (Amendment) Act, 1966 (47 of 1966), s.



(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation.-An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation.-For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

(5) The High Court may, upon such terms as to costs and other- wise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial.

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1. Subs. by Act 47 of 1966, s. 41, for sections 86 to 92 (w.e.f. 14- 12-1966).

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(1) Subject to the provisions of this Act and of any rules made there under,every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908.)to the trial of suits:-

Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872,(1 of 1972.) shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.]



Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.



No witness or other person shall be required to state for whom he has voted at an election.



(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Provided
that-

(a) A witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from 1*[the High Court] ; and

(b) An answer given by a witness to a question put by or before 1*[the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code, 1860 (45 of the 1860.) or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

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1 Subs. by Act 47 of 1966, s. 42, for "the Tribunal " (w.e.f. 14-12-1966).

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The reasonable expenses incurred by any person in attending to give evidence may be allowed by 1*[the High Court] to such person and shall, unless 1*[the High Court] otherwise directs, be deemed to be part of the costs.

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1 Subs. by Act 47 of 1966, s. 42, for "the Tribunal " (w.e.f. 14-12-1966).

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(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:

Provided
that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2*[commencement of the trial], given notice to 1*[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.

(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3* * * particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

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1 Subs. by Act 47 of 1966, s. 42, for "the Tribunal " (w.e.f. 14-12-1966).

2 Subs. by Act 27 of 1956, s. 52, for "the Publication of the election petition under section 90".

3. The words "list of" omitted by Act 27 of 1956, s.52

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At the conclusion of the trial of an election petition 1*[the High Court] shall make an order-

(a) Dismissing the election petition ; or

(b) Declaring the election of 2*[all or any of the returned candidates] to be void ; or

(c) Declaring the election, of 2*[all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected;3***

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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f 14-12- 1966).

2. Subs. by Act 27 of 1956, s. 53, for "the returns candidate".

3. The word "or" and clause (d) omitted by s. 53, ibid.

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(1) At the time of making an order under section 98 2[the High Court] shall also make an order-

1*[(a) Where any charge is made in the petition of any corrupt practice having been committed at the election, recording-

(i) A finding whether any corrupt practice has or has not been proved to have been committed 2* * * at the election, and the nature of that corrupt practice ; and

(ii) The names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice ; and]

(b) Fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:

Provided that 3*[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless-

(a) He has been given notice to appear before 4*[the High Court] and to show cause why he should not be so named ; and

(b) If he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by 4*[the High Court] and has given evidence against him, of calling evidence in his defence and of being heard.

5*[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.]

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1. Subs. by s. 54, ibid., for cl. (a).

2. The words "by, Or with the consent of, any candidate or his agent" omitted by Act 58 of 1958, s. 29.

3. Subs. by Act 27 of 1956, s. 54, for " no person shall be named".

4. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966).

5. Subs. by Act 27 of 1956, s. 54, for sub-section (2).

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(1) Subject to the provisions of sub-section (2) if 1[the High Court] is of opinion-

(a) That on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act 2*[or the Government of Union Territories Act, 1963] (20 of 1963), or

(b) That any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

(c) That any nomination has been improperly rejected ; or

(d) That the result of the election, in so far as it concerns a returned candidate, has been materially affected.

(i) By the improper acceptance of any nomination, or

(ii) By any corrupt practice committed in the interests of the returned candidate 3*[by an agent other than his election agent], or

(iii) By the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

(iv) By any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, 4*[the High Court] shall declare the election of the returned candidate to be void.]

4*[(2)] If in the opinion of 5*[the High Court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice 6* * * but 5*[the High Court] is satisfied-

(a) That no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and 7*[without the consent], of the candidate or his election agent 8 * * * *

(c) That the candidate and his election agent took all reasonable means for preventing the commission of corrupt6*** practices at the election ; and

(d) That in all other respects the election was free from any corrupt 9* * * practice on the part of the candidate or any of his agents, then 5*[the High Court] may decide that the election of the returned candidate is not void.

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1. Subs. by s. 55, ibid., for sub-sections (1) and (2).

2. Ins. by Act 20 of 1963, s. 57 and Sch. II. The words " or the Government of Part C States Act, 1951 (49 of 1951)" were omitted by the Adaptation of Laws (No. 2) Order, 1956.

3 Subs. by Act 58 of 1958, s. 30, for certain words.

4. Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956. s. 55.

5. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966).

6. The words and figures "specified in section 123 " omitted by Act 27 of 1956, s. 55.

7. Subs. by s. 55, ibid., for " without the sanction or connivance".

8. Cl. (b) omitted by Act 58 of 1958, s. 30.

9. The words "or illegal " omitted by Act 27 of 1956, s. 55.

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If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1*[the High Court] is of opinion-

(a) That in fact the petitioner or such other candidate received a majority of the valid votes ; or

(b) That but for the votes obtained by the returned candidate by corrupt 2* * * practices the petitioner or such other candidate would have obtained a majority of the valid votes, 1*[the High Court] shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966).

2. The words "or illegal" omitted by s. 56, ibid.

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If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then-

(a) Any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and

(b) In so far as that question is not determined by such a decision 1*[the High Court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966)

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The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.

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1. Subs. by s. 43, ibid., for s. 103 (w.e.f. 14-12-1966).

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Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 57.



Rep. by s. 58,ibid. 106. Transmission of order to the appropriate authority etc., and its publication.



As soon as may be after the receipt of any order made by 1*[the High Court] under section 98 or section 99, the Election Com- mission, shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 2* * * to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and 3*[shall cause the order to be published-

(a) Where the order relates to an election to a House of Parliament, in the Gazette of India as well as in the Official Gazette of the State concerned ; and

(b) Where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State.]

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1. Subs. by s. 44, ibid., for "the Tribunal " (w.e.f. 14-12-1966).

2. The words and brackets "(other than a primary election)" omitted by Act 27 of 1956, s. 59.

3. Subs. by s. 59, ibid., for certain words.

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(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.

(2) Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof. participated as a member of Parliament or as. a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.

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1. Subs. by Act 27 of 1956, s. 60, for s. 107.

2. Subs. by Act 47 of 1966, s. 44, for sub-section (1) (w.e.f. 14-12- 1966).

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Rep. by the Representation of the People (Amendment) Act, 1966, (47 of 1966), s. 45.



(1) An election petition may be withdrawn only by leave of the High Court.

(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.

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1. subs. by s. 46, ibid., for s. 109 and 110 (w.e.f. 14-12-1966).

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(1) If there are More petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

(2) No application for withdrawal shall be. granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted-

(a) The petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the High Court may think fit;

(b) The High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly;

(c) A person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.]



When an application for withdrawal is granted by 1 [the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, 1*[the High Court] shall report the fact to the Election Commission 2*[and thereupon the Election Commission shall publish the report in the Official Gazette].

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1 Subs. by Act 47 of 1966, s. 47, for " the Tribunal " (w.e.f. 14-12- 1966).

2 Ins. by Act 27 of 1956, s. 61.

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(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

(2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit.

(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.

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1. Subs. by Act 47 of 1966, s. 48, for so. 112 to 115 (w.e.f. 14-12- 1966).

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If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is oppositing the Petition, 1*[the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 1*[the High Court] may think fit.

116A. Appeals to Supreme Court.

(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99:-

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.

116B. 3* Stay of operation of order of High Court.

(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.

(2)Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.

(3)When the operation of an order is stayed by the High Court or. as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107 ; and a copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned.

116C. Procedure in appeal.

(1) Subject to the provisions of this Act and of the rules, if any, made there under, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction ; and all the provisions of the Code of Civil Procedure, 1908(5 of 1908). and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall so far as may be, apply in relation to such appeal.

(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall-

(a) Forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 106 ; and

(b) Cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.]

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1. Subs. by Act 47 of 1966, s. 49, for "the Tribunal" (w.e.f. 14-12- 1966).

2. Ins. by Act 27 of 1956. s. 62.

3. Subs. by Act 47 of 1966, s. 50, for ss. 116A and 116B (w.e.f. 14- 12-1966).

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(1) At the time of presenting an election petition, the petitioner shall. deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.

(2) During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.

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1 Subs. by Act 47 of 1966, s. 51, for ss. 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966).

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No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.



Costs shall be in the discretion of the High Court:-

Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.]



(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part, on an application made in writing in that behalf 1*[within a period of one year, from the date of such order] to 2*[the High Court] by the person in whose favour the costs have been awarded.

(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section. such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of 3*[one year], the whole of the said security deposits may, on an application made in that behalf in writing to 2*[the High Court] by the person by whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

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1 Subs. by Act 58 of 1958, s. 34, for " within a period of six months from the publication of such order under section 106 ".

2 Subs. by Act 47 of 1966, s. 52, for " the Election Commission (w.e.f. 14-12. 1966).

3 Subs. by Act 58 of 1958, s. 34, for "six months".

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Any order as to costs under the provisions of this Part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:

Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section 1*[within a period of one year from the date of such order] unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub- section.

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1 Subs. by Act 58 of 1958, s. 35, for " within a period of six months from the date of publication of such order under section 106 ".

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The following shall be deemed to be corrupt practices for the purposes of this Act:

1*[(1) "Bribery", that is to say-

(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-

(a) A person to stand or not to stand as, or 2*[to withdraw or not to withdraw] from being a candidate at an election,or

(b) An elector to vote or refrain from voting at an election, or as a reward to-

(i) A person for having so stood or not stood, or for 3*[having withdrawn or not having withdrawn] his candidature ; or

(ii) An elector for having voted or refrained from voting ;

(B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward-

(a) By a person for standing or not standing as, or for 4*[withdrawing or not withdrawing] from being, a candidate; or

(b) By any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate 5*[to withdraw or not to withdraw] his candidature.

Explanation.-For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.]

(2) Undue influence, that is to say,any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 6*[with the consent of the candidate or his election agent], with the free exercise of any electoral right:

Provided that-

(a) Without prejudice to the generality of the provisions of this clause any such person as is referred to therein who-

(i) Threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

(ii) Induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) A declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

7*[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:

8*[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.]

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]

9*[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

Explanation.-For the purposes of this clause, "sati" and "glorification"in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987.

(4) The publication by a candidate or his agent or by any other Person, 10*[with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal 11* * * of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person 12*[with the consent of a candidate or his election agent], 13*[or the use of such vehicles or vessel for the free conveyance] of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll :

Provided
that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him
or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power :

Provided further
that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt, practice under this clause.

Explanation.-In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(6) The incurring or authorizing of expenditure in contravention of section 77.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person 14*[with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government and belonging to any of the following classes, namely:-

(a) Gazetted officers;

(b) Stipendiary judges and magistrates;

(c) Members of the armed forces of the Union; (d) members of the police forces;

(e) Excise officers;

15*[(f) Revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and]

(g) Such other class of persons in the service of the Government as may be prescribed:

16*[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any, facilities or does any other act or thing for to or in relation to any candidate or his agent or any other person acting with the consent of the candidate or his election agent, (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election]

17*["(8) Booth Capturing by a candidate or his agent or other person.]

Explanation
.-(1) In this section the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.

[(2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent 18 * * * of that candidate.]

19*[(3) For the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof-

(i) Of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and

(ii) Where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.]

20*[(4) For the purposes of clause(8) , "booth capturing" shall have the same meaning as in section 135A'].

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1. Subs. by Act 58 of 1958, s. 36, for cl. (1).,

2. Subs. by Act 47 of 1966, S. 53, for " to withdraw " (w.e.f. 14-12- 1966).

3. Subs. by s. 53, ibid., for " having withdrawn " (w.e.f. 14-12- 1966).

4. Subs. by Act 47 of 1966, s. 53, for "withdrawing" (w.e.f. 14-12- 1966).

5. Subs. by s. 53, ibid., for "to withdraw" (w.e.f. 14-12-1966).

6. Ins. by Act 58 of 1958, s. 36.

7. Subs. by Act 40 of 1961, s. 23, for cl. (3) (w.e.f. 20-9-1961).

8. Ins. by Act 40 of 1975, s. 8 (retrospectively).

9. Ins. by Act 58 of 1958, s. 36.

10. The words "or retirement from contest " omitted by s. 36, ibid.

11. Subs. by Act 47 of 1966, s. 53, for "for the_conveyance" (w.e.f. 14-12-1966).

12 Ins. by Act 3 of 1988, s.19 (w.e.f. 21-3-1988).

13. The words "or a polling agent or a counting agent" omitted by Act 47 of 1966. s. 53 (w.e. f. 14-12-1966).

14. Ins. by Act 40 of 1975, s. 8 (retrospectively).

15. Ins. by Act 40 of 1961, s, 24 w.e.f. 20-9-1961

16. Ins. by Act 1 of 1989. s.13 (w.e.f. 15-3-1989)

17. Ins. by Act 58 of 1958, 36.

18. Subs. by s. 36. ibid., for sub-clause (f).

19. Ins. by Act 40 of 1975, s. 8 (retrospectively).

20. Subs. by Act 47 of 1966, s. 54 for subsection (1) (w.e.f. 14-12- 1966).

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Last updated on September, 2016

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