Indian Bare Acts

Search Alphabatically :

THE REPRESENTATION OF THE PEOPLE ACT, 1951

Title : THE REPRESENTATION OF THE PEOPLE ACT, 1951

Year : 1951



1*[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2 * * *, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made there- under shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

3*[(2) As soon as may be, after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the Union territories of Delhi, Himachal Pradesh and Manipur.]

---------------------------------------------------------------------------

1. S.147 re-numbered as sub-section(1) of that section by the Adaptation of Laws (No. 2) Order, 1956.

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

3. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
 
----------------------------------------------------------------------------



Rep. by the Territorial Councils Act, 1956 (103 of 1956),s.66. 149. Casual vacancies in the House of the People.



(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the Parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made there under shall apply, as, far as may be, in, relation to the election of a member to fill such vacancy.

(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.



(1) When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made there under shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.



When before the expiration of the term of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council- is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the Council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made there under shall apply, as far as may be, in relation to the election of a 'member to fill such vacancy.

151A. 1* Time limit for filling vacancies referred to in section 147, 149,150 and 151.

Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye -election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:-

Provided
that nothing contained in this section shall apply if-

(a) The remainder of the term of a member in relation to a vacancy is less than one year; or

(b) The Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.]

----------------------------------------------------------------------------

1. Ins. by Act 21 of 1996, s. 17 (w.e.f. 1-8-1996).

----------------------------------------------------------------------------



(1) The returning officer for an election by the elected members of the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, for the purposes of such election maintain in his office the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly.

(2) The returning officer for an election by the members of the electoral College for a 1*[Union territory] 2 * * * 3 * * * to fill a seat or seats in the Council of States shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of members of that electoral college 4***

(3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale.

----------------------------------------------------------------------------

1. Subs. by the Adaptation of Laws; (No. 2) Order, 1956, for " Part C State".
 
2. The words " or group of such States " omitted by Act 27 of 1956, s. 77.

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

4. The words " or a list of elected members of the Coorg Legislative Council, as the case may be" omitted by s, 44 and Sch, V, ibid.

----------------------------------------------------------------------------
Last updated on September, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female