Year : 1951
ACT No. 43 OF 1951
[17th July, 1951]
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt and illegal practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
BE it enacted by Parliament as follows:-
Section -1 Short title.
This Act may be called the Representation of the people Act, 1951.
Section -2 Interpretation.
(1) In this Act, unless the context otherwise requires,-
(a) Each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the people Act, 1950 (XLIII of 1950) but not defined in this Act, shall have the same meaning as in that Act;
(b) "Appropriate authority" means, in relation to an election to the house of the People or the Council of States or to a primary election, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the state Government;
(c) "Corrupt practice" means any of the practices specified in section 123 or section 124;
(d) "Election" means an election to fill a seat or seats in either Houses of parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir and includes a primary election;
(e) "Elector" in relation to a constituency, means a person whose name is for the time being entered in the electoral roll of that constituency;
(f) "Illegal practice" means any of the practices specified in section 125;
(g) "Prescribed" means prescribed by rules made under this Act;
(h) "Primary election" means an election for the purpose of constituting or reconstituting an electoral college under section 27a of the Representation of the People Act, 1950 (XLIII of 1950) for a scheduled Part C State or for the purpose of filling any casual vacancy in the seat of a member of such electoral college;
(i) "Scheduled Castes" and "Scheduled Tribes" in relations to a Part C State, mean respectively the castes specified in the Sixth Schedule and the tribes specified in the Seventh Schedule to the Representation of the People Act, 1950 (XLIII of 1950) in relation to that State;
(j) "Scheduled Part C State: means any Part C State or group of such States for the time being specified in the first column of the Fifth Schedule to the Representation of the People Act, 1950 (XLIII of 1950).
(k) "Sign" in relation to a person who is unable to write his name means authenticate in such manner as may be prescribed;
(l) "Tribunal" means a tribunal appointed by the Election Commission under section 86.
(2) For the purposes of this Act, a Council of States constituency, a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of a different class.
(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall-
(a) Where it is issued or made by the Central Government, be published in the Gazette of India;
(b) Where it is issued or made by a state Government be published in the Gazette of India;
(c) Where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of parliament or to a primary election, and in the Official Gazette of the State if it relates to an election to, or membership of, the House of either House of the Legislature of a State.
(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.
(5) Any reference in this Act to a law which is not in force in a Part B State shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that State.
(6) Any reference in this Act to a High Court or to the Judge of a High Court shall, in relation to a Part C State 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.
(7) Any reference in this Act to the Legislative Council of a State shall be construed as not including a reference to the Coorg Legislative Council. READ MORE