Representation of the People Act 1951

In this article, we will discuss the Representation of the People Act 1951 in a simple and concise manner and understand its various important aspects;

So read this article till the end.

This is a comprehensive document divided into 11 parts. And an attempt has been made to incorporate all the missing provisions under the Representation of the People Act, 1950.

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Representation of the People Act 1951

The Representation of the People Act, 1950 did not have all the provisions related to elections, rather it provided for the allocation of seats for the Lok Sabha and the State Legislative Assemblies and the provision of demarcation of constituencies, besides the eligibility of voters and the preparation of electoral rolls.

Elections to both the Houses of Parliament and to the Legislative Assembly and Legislative Council of each State, qualifications and disqualifications for these Houses, corrupt practices and other election related provisions and decision on election disputes – all these were left to the measures to be adopted later. Therefore, the Representation of the People Act 1951 was enacted to make provision on these points.

The entire Act is divided into 171 sections which have been compiled under 11 main parts. We will discuss the most important of all these sections in some detail, after which we will leave the rest only by quoting, along with the PDF of the basic act of each part will be available so that it can be convenient for those studying in detail. [For now pdf is in hindi]

Part 1
Preliminary ^PDF

It has 2 sections, Section 1 – Abbreviation and Section 2 – Explanation or interpretation. There is nothing special in this, it has been told that in order to understand the Act properly, what some words should be interpreted.

Part 2
Qualifications and Disqualifications ^pdf

This part is divided into 4 chapters which are as follows –

Chapter 1 – Qualifications for Membership of Parliament

Section 3 – Qualification for membership of Rajya Sabha.

No person shall be qualified to be elected as a representative of a State or Union territory to the Council of States unless that person is qualified to be elected to a Parliamentary Constituency in India.

Section 4 – Qualifications for membership of Lok Sabha.

A person shall be qualified to be chosen to fill a seat in the Lok Sabha if— (a) in the case of a seat reserved in the State for the Scheduled Castes, he is a member of any of the Scheduled Castes in that State; and (b) is eligible to be elected to a parliamentary constituency.

Chapter 2 – Qualifications for Membership of State Legislatures

Section 5 – Qualifications for membership of the Legislative Assembly.

A person shall be qualified to fill a seat in the Legislative Assembly of a State if (a) in the case of a seat reserved for an SC or ST in that State, the person belongs to that particular class; and (b) is eligible to be elected to a constituency in the Legislative Assembly of that State.

What we just read above simply means that a person must be a member of a Scheduled Caste or a Scheduled Tribe in any State/Union Territory if he/she wants to contest on a seat reserved for them. And secondly, the person should be a voter in that constituency.

Section 5A – Qualifications for membership of the Legislative Assembly of Sikkim.

Section 6 – Qualifications for membership of the Legislative Council.

Chapter 3 – Disqualifications for Membership of Parliament and State Legislatures

Section 7 – Definitions

Section 8 – Disqualification on conviction for certain offences

Section 8(3) states that if a Member of Parliament or an MLA is convicted of any other offence, (not being in sub-sections 1 and 2 of section 8) and shall be punishable with imprisonment for 2 years or more, So he will be disqualified for 6 years from the time of release.

Even if a person  is on bail after being convicted  and his appeal is pending for disposal, he is disqualified from contesting elections.

 The MPs, MLAs and MLCs convicted  in Section 8(4) were allowed to continue in their posts provided they  appealed against their conviction in the High Court within 3 months from the date of the judgment by the trial court.

Section 8A – Disqualification for corrupt practice

Section 9 – Disqualification on dismissal for corruption

Section 9A – Disqualification for contracts, etc., entered into with Government

Section 10 – Disqualification for post under Government company

Section 10A – Disqualification by reason of failure to file account of interpretation expenses

Section 11 – Removal or reduction of period of disqualification

Chapter 4 – Disqualifications for Voting

Section 11B – Disqualification arising from conviction and corrupt practices

Section 11B – Removal of disqualifications

Part 3
Notification of General Elections ^pdf

Section 12 – Notification for biennial election to Rajya Sabha

Section 12 – Notification for biennial election to Rajya Sabha

Section 12A – Notification of election to fill the seat allotted to the State of Sikkim in the Rajya Sabha

Section 14 – Notification for general election to the Lok Sabha

Section 14A – Notification to elect the representative of the State of Sikkim to the existing Lok Sabha

Section 14A – Notification to elect the representative of the State of Sikkim to the existing Lok Sabha

Section 15 – Notification for general election to the Legislative Assembly of the State

Section 15A – Notification for certain elections to Legislative Councils

Section 16 – Notification for biennial election to the State Legislative Council

Part 4
Administrative machinery for the conduct of elections ^pdf

Section 19 – Definition

Section 19A – Delegation of functions of the Election Commission

Section 20 – General duties of Chief Electoral Officers

Section 20A – General duties of the District Election Officer

Section 20B – Observer

Section 21 – Ordinary duty of the Returning Officer

Section 21 – Returning Officer

Section 22 – Assistant Returning Officer

Section 23 – Ordinary duty of the Returning Officer

Section 25 Provision of polling stations for constituencies

Section 26 – Appointment of Presiding Officers for Polling Stations

Section 27 – General duty of the presiding officer

Section 28 Duties of Polling Officer

Section 28A – Returning Officer, Presiding Officer, etc. to be deemed to be deputation to the Election Commission

Section 29 – Special provision in case of certain elections

Part 4A
Registration of Political Parties ^pdf

Section 29A – Registration of associations and bodies with the Commission as political parties

Section 29B – Entitlement to accept contribution of political parties

Section 29C – Declaration of donation received by political parties

Part 5
Conduct of Elections ^pdf

This part is divided into 8 chapters which are as follows.

CHAPTER I NOMINATION OF CANDIDATES

Section 30 – Fixing of dates for nominations, etc.

Section 31 – Public notice of election

Section 32 – Nomination of election candidates

Section 33 – Presentation of nomination paper and requirements for valid nomination

Section 33A – Right to Information

Section 33B – furnishing of information by the candidate only under the Act and the rules

Section 34 – Deposits

Section 35 – Time and place for notice and scrutiny of nominations

Section 36 – Scrutiny of nominations

Section 37 – Withdrawal of candidature

Section 38 – Publication of list of contesting candidates

Section 39 – Nomination of candidates in other elections

Section 39A – Allotment of equitable sharing of time

CHAPTER II CANDIDATES AND THEIR AGENTS

Section 40 – Election Agent

Section 41 – Disqualification for being an election agent

Section 42 – Revocation of appointment of election agent or his death

Section 45 – Acts of election agents

Section 46 – Appointment of polling agents

Section 47 – Appointment of counting agents

Section 48 – Revocation of appointment of polling agent or counting agent or his death

Section 49 – Functions of polling agents and counting agents

Section 50 – Attendance of a contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent

Section 51 – Absence of polling or counting agents

CHAPTER III GENERAL PROCEDURE IN ELECTIONS

Section 52 – Death of a candidate of recognized political party before voting

Section 53 – Procedure in contested and uncontested elections

Section 55 – Eligibility of members of those castes or tribes to hold seats not reserved for Scheduled Castes or Scheduled Tribes

Chapter 4 Voting

Section 56 – Fixing time for voting

Section 57 – Postponement of polling in disaster

Section 58 – Fresh voting in case of destruction of ballot boxes etc.

Section 58A – Postponement of polling or repatriation of election due to forcible taking of booths

Section 59 – Manner of voting at elections

Section 60 – Special procedure for voting by certain classes of persons

Section 61 – Special procedure for preventing impersonation of electors

Section 61A – Voting machines in electors

Section 62 – Right to vote

In addition to Article 326 of the Constitution   (which grants every citizen over the age of 18 the right to vote, unless disqualified by any law),  Section 62  also ensures that every person who is a voter The constituency that is on the list is entitled to vote.

A person can vote in a particular election only and only once in a constituency.

If a person is imprisoned, whether under a sentence of imprisonment, he is not eligible to vote, however, in the case of preventive custody ,  he may vote.

However, the Act allows those serving a sentence of less than 2 years to contest elections from jail.

Chapter 5 Counting of Votes

Section 64 – Counting of votes

In every election where voting takes place, the counting of votes is done under the supervision of the Returning Officer (RO), and the contesting candidates, their election agents and their counting agents have the right to be present there.

Section 64A – Destruction, loss, etc. of ballot papers at the time of counting.

Destruction, loss, damage or tampering of ballot papers at the time of counting should be reported by the Returning Officer to the Election Commission.

Section 65 – Equality of votes

If there is an equality of votes among any candidates after the counting of votes, the Returning Officer will decide by lottery.

Section 66 – Declaration of election results

Section 67 – Report of election results

Section 67A – Date of election of candidate

The date on which a candidate is declared to have been elected by the Returning Officer is considered as the date of election of that candidate.

Chapter 6 Multiple Elections

Section 68 – Seats become vacant when elected to both the Houses of Parliament

Section 69 – The seat of a person who is already a member of one House of Parliament, becomes vacant on his election to the other House.

Section 70 – Election to more than one seat in either of the two Houses of Parliament, or to the House of the Legislature of a State, or to either House

CHAPTER VII PUBLICATION OF ELECTION RESULTS AND NOMINATIONS

Section 71 – Publication of the results of elections to the Rajya Sabha and the names of persons nominated by the President

Section 73 – Publication of results of general elections to the Lok Sabha and State Legislative Assemblies

Section 73A – Special provision as to certain elections

Section 74 – Publication of results of elections to State Legislative Councils and names of persons nominated to such Councils

Chapter 7A Declaration of Assets and Liabilities

Section 75A – Declaration of assets and liabilities

After being elected, MPs have to file a declaration of assets and liabilities with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. These announcements have to be made by the MPs within 90 days of taking their seats in Parliament.

CHAPTER 8 ELECTION EXPENDITURE

Section 75 – Application of Chapter

Section 76 – Accounting of election expenses and their maximum amount

Section 77 – Accounts to be filed with District Election Officer.

Part5A
Free Supply of Certain Materials to Candidates of Recognized Political Parties ^pdf

Section 78A – Free supply of copies of electoral rolls

Section 78B – Supply of certain articles to candidates etc.

Part 6
Controversy Regarding Election ^pdf

This part is divided into 5 chapters which are as follows

Chapter 1 Explanation

Section 79 – Definitions

CHAPTER II Presentation of election petitions to the High Court

Section 80 – Election petitions

Section 80A – Trial of election petitions by High Court

Section 81 – Presentation of petitions

Section 82 – Parties to petition

Section 83 – Contents of the application

Section 84 – Relief which may be claimed by the petitioner

CHAPTER III Trial of Election Petitions

Section 86 – Trial of election petitions

Section 87 – Procedure before High Court

Section 93 – Documentary evidence

Section 94 – Secrecy of voting not to be violated

Section 95 – Answering questions implicating an offense and certificate of escape

Section 96 – Expenses of witnesses

Section 97 – Imputation on claim for space

Section 98 – Decision of High Court

Section 99 – Other orders to be made by High Court

Section 100 – Grounds for declaring election to be void

Section 101 – The grounds on which the election can be declared for a candidate other than an election candidate.

Section 102 – Procedure in case of equality of votes

Section 103 – Communication of orders of High Court

Section 106 – Transmission and publication of order to appropriate authority, etc.

Section 107 – Effect of orders of High Court

CHAPTER IV Withdrawal and abolition of election petitions

Section 109 – Withdrawal of election petitions

Section 110 – Procedure for withdrawal of election petitions

Section 111 – Report of withdrawal by High Court to Election Commission

Section 112 – Abolition of election petitions

Section 116 – Abatement or substitution on death of respondent

Chapter 4A Appeals

Section 116A – Appeals to the Supreme Court

Section 116B – Withholding of operation of order of High Court

Section 116C – Procedure in appeal

Chapter 5 Expenses and Security for Expenses

Section 117 – Security for expenses

Section 118 – Security for expenses from the respondent

Section 119 – Expenses

Section 121 – Payment of expenses out of security deposits and refund of such deposits

Section 122 – Execution of orders relating to expenditure

Part 7
Corrupt Practices and Election Offenses ^pdf

This part is divided into 2 parts which are as follows

Chapter 1 Corrupt Practices

Section 123 – Corrupt practice

Chapter 2 Election Offenses

Section 125 – Promoting enmity between classes in connection with election

Section 125A – Penalty for filing false affidavit, etc.

Section 126 – Prohibition of public meetings during a period of 48 hours coinciding with the time fixed for the conclusion of the poll.

i.e. 48 hours before the end of or the end of polling, the display of any election matter by television or similar device in a constituency is prohibited. Along with this, no rally or meeting etc. can be organized. (Not applicable to print media, social media)

Section 126A – Restriction on publication and transmission of results of exit polls, etc.

Under this section the media cannot broadcast the exit polls and results before the commencement of the first phase of elections and half an hour after the completion of the last elections.

Section 126B – Offenses by companies

Section 127 – Violence in election meetings

Section 127A – Restriction on printing of booklets, posters, etc.

The printing and publication of election pamphlets, posters etc. is governed by it, under which the name and address of the printer and publication on such printed material will be printed.

Section 128 – Maintenance of secrecy of voting

Section 129 – Officers etc. in elections shall not act for the candidates and shall not affect the voting

Section 130 – Prohibition of casting of votes in or near polling stations

Section 131 – Penalty for disorderly conduct in or near polling stations

Section 132 – Penalty for misconduct in polling stations

Section 132A – Penalty for failure to observe procedure for voting

Section 133 – Penalty for illegal hiring or procurement of conveyances at elections

Section 134 – Breach of official duty relating to electors

Section 134A – Penalty for Government servants acting as election agent, polling agent or counting agent

Section 134B – Prohibition of carrying arms in or near polling station

Section 135 – Removal of ballot papers from polling station shall be an offense.

Section 135A – Offense of forcible taking of booth

Section 135B – Grant of paid leave to permutations on the day of polling

Section 135C – Liquor neither sold nor distributed on the day of polling

Section 136 – Other offenses and penalties therefor

part 8
disqualifications ^pdf

This part is divided into 4 chapters but the first 3 chapters have been canceled so only one chapter is left.

CHAPTER IV Powers of the Election Commission in relation to the inquiry into the disqualifications of members

Section 146 – Powers of the Election Commission

Section 146A – Statements made by persons before the Election Commission

Section 146B – Procedure to be followed by Election Commission

Section 146C – Protection of act done in good faith

part 9
bye election ^pdf

Section 147 – Casual vacancies in Rajya Sabha

Section 149 – Casual vacancies in Lok Sabha

Section 150 – Casual vacancies in State Legislatures

Section 151 – Casual vacancies in State Legislative Councils

Section 151A – Limitation of time for filling up of vacancies referred to in section 147, section 149, section 150 and section 151

part 10
miscellaneous ^pdf

Section 152 – The Joint Returning Officer shall keep the list of the members of the State Legislative Assemblies and the electoral college.

Section 153 – Extension of time for completion of election

Section 154 – Term of office of members of Rajya Sabha

Section 155 – Commencement of term of office of members of Rajya Sabha

Section 156 – Term of office of members of State Legislative Councils

Section 157 – Commencement of term of office of members of Legislative Councils

Section 158 – Forfeiture of refund of candidate’s deposit

Section 159 – Staff of certain authorities to be made available for election work

Section 160 – Acquisition of premises, vehicles, etc., for the purposes of election

Section 161 – Payment of compensation

Section 162 – Power to obtain information

Section 164 – Eviction in acquired premises

Section 165 – Release of premises from acquisition

Section 166 – Delegation of functions of the State Government in respect of acquisition

Section 167 – Penalty for contravention of an order of acquisition

part 11
simple ^pdf

Section 169 – Power to make rules

Section 170 – Jurisdiction of civil courts barred

So this was the Representation of the People Act 1951, for specific information, you must read its original Act PDF ^{️ .}

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https://legislative.gov.in/sites/default/files/EM_4%28people%20represent%20act%201951%29.pdf