RP Act 1950 and 1951.

RP Act 1950 and 1951

Representation Of The People Act, 1950
This Act contains 32 Sections in 5 Parts. THE PARTS ARE AS FOLLOWS Part I – (Sec. 1 and 2) gives the title and definitions Part II (Sec. 3 to 13) provides for allocation of seats and delimitation of Constituencies in the Lok Sabha and the State Legislative Assemblies and Councils. Part IIA (Sec.13A, 13AA, 13B, 13C and 13CC) Details the officers connected with the preparation of Electoral Rolls.

Representation Of the People Act, 1950
Part IIB (Sec. 13D) provides for Electoral Rolls of Parliamentary Constituencies Part III (Sec. 14 to 25A) provides for Electoral Rolls for Assembly Constituencies Part IV (Sec.27) provides for Electoral Roll Council Constituencies.

Part IVA (Sec.27A to 27K) provides for the manner of filling seats in the Council of States Part V (Sec. 28 to 32) gives general provisions with regard to the jurisdiction of Civil Courts; making available staff from local authorities, etc.

Section 2 defines “Election Commission” as the Commission appointed by the President under Article 324 of the Constitution of India. Section 13B(1) provides for designation or nomination of ERO by ECI Section 13A provides for a Chief Electoral Officer in each State. Section 13B(2) The ERO can employ various persons for the preparation and revision of the Electoral Roll for the AC. Section 13AA provides for the nomination by the ECI of an officer to be the District Election Officer. Section 13C provides for appointment of one or more AEROs to assist EROs. AEROs are competent to perform all or any of the functions of EROs and are subject to the control of EROs. IMPORTANT SECTIONS

Section 13CC CEO, DEO, ERO, AERO and all other officers or staff employed for preparation, revision and correction of Electoral Rolls or conduct of elections are deemed to be on deputation to the ECI. Section 18 No person can be registered more than once in any Constituency. Section 16 provides for reasons for disqualification for registration in Electoral Roll. Section 19 gives the criteria for entitlement for registration, i.e. 18 years of age on qualifying date and ordinarily resident in a Constituency. Section 17 No person can register in more than one Constituency. Section 20 gives the meaning of “ordinarily resident”.

Section 21 gives the provisions for various kinds of revision of Electoral Rolls. Section 30 provides for a bar on the jurisdiction of Civil Courts to adjudicate upon the question whether a person is or is not entitled to be registered in the Electoral Roll. The Civil Courts cannot question the legality of any action taken by or under the authority of an ERO for the revision of any Roll. Section 22 provides for the powers of ERO/AERO for amending, transposing or deleting an entry in the Electoral Rolls. Section 23 provides for the powers of the ERO/AERO to include names in the Electoral Rolls. Section 31 is a penal clause for making false declarations. Section 29 provides for making available the staff of local authorities to ERO for the work related to the preparation and revision of Electoral Rolls. Section 32 is the penal clause for being guilty of any act or omission in breach of official duty by ERO, AERO or any other person required to perform any official duty in connection with the preparation or revision of an Electoral Roll.

Representation of the People’s Act 1951
Part I: Preliminary (Sec 1-2) Part II: Qualifications & Disqualifications (Sec 3-11B) Part III: Notification of General Elections (Sec 12-16) Part IV: Administrative Machinery for Conduct of Elections (Sec 19-29) Part IVA: Registration of Political Parties (Sec 29A-29C) Part V: Conduct of Elections (Sec 30-78) Part VA: Free Supply of Certain Material to Candidates of Recognized Political Parties (Sec 78A-78B) Part VI: Disputes Regarding Elections (Sec ) Part VII: Corrupt Practices and Electoral Offences (Sec ) Part VIII: Disqualifications (Sec C) Part IX: Bye-elections (Sec A) Part X: Miscellaneous (Sec ) Part XI: General (Sec ) Learning Module for RO/ARO

Part I: Preliminary Representation of the People’s Act, 1951 Sec 1: Short Title Interpretation of terms in the Act Sec 2: Interpretation Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter I Sec 3: Qualification for Membership of the Council of States Sec 4: Qualification for Membership of the House of People Person shall not be qualified to be fill seat in House of People unless: He is a member of SC/ST in case of seat being reserved for SC/ST and is an elector for any Parliamentary constituency In case of any other seat, he is an elector for any Parliamentary Constituency Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter II Person shall not be chosen to fill a seat in the Legislative Assembly of a State unless: He is a member of SC/ST in case of seat being reserved for SC/ST and is an elector for any AC in that state In case of any other seat, he is an elector for any AC in that state Sec 5: Qualification for Membership of Legislative Assembly Qualifications for Membership of Assembly of Sikkim Sec 5A Qualification for Membership of Legislative Council Sec 6 Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter III Sec 7: Definitions “Appropriate Govt.” means Central Govt. & State government with regards to disqualification for being chosen as MP and MLA/MLC of that state respectively. “Disqualified” means disqualified for being chosen as MP or MLA/MLC of a state. Sec 8: Disqualification on conviction for certain offences Person convicted for various offences or in contravention of certain laws and provisions Disqualified for a period of six years from date of conviction Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter III Case of every person found guilty of a corrupt practice by an order under Section 99 shall be submitted to the President to determine whether such person shall be disqualified & for what period A petition to the President for the removal of such disqualification for the unexpired period can be submitted Before giving a decision on this disqualification the President shall obtain the opinion of the Election Commission Sec 8A: Disqualification on the ground of corrupt practices Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter III A person having held an offence under the Government of India/State for corruption or disloyalty shall be disqualified for a period of 5 years Sec 9: Disqualification for dismissal for corruption or disloyalty If person has a contract with the Government for the supply of goods to or for execution of any works Sec 9A: Disqualification for Government contracts Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter III As long as he is a managing agent, manager or secretary of any company or corporation in which the Government has not less than 25% share Sec 10: Disqualification for office under government company Failing to lodge an account of election expenses within time and manner required or has no good reason or justification for the failure Disqualified for a period of three years Sec 10A: Disqualification for failure to lodge account of election expenses Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter III The Election Commission, for reasons to be recorded has the right to remove or reduce any disqualification under this chapter Sec 11: Removal or reduction of period of disqualification Learning Module for RO/ARO

PART II: Qualifications & Disqualifications: Chapter IV For an offence punishable under Sec 171E/Sec 171F of IPC ,or Sec 125/135/Clause(a) of sub section (2) of section 136 of Representation of People Act, 1951, or by a decision of the President Shall be disqualified for a period of six years Sec 11A: Disqualification arising out of conviction and corrupt practices The Election Commission for reasons to be recorded ,may remove disqualification Sec 11B: Removal of disqualifications Learning Module for RO/ARO

PART III: Notification of General Elections Notification for Biennial Election to the Council of States Sec 12 Notification for election to fill the seat allotted to the state of Sikkim in the Council of States Sec 12A Notification for Reconstitution of electoral colleges of certain UT (Repealed by the Territorial Councils Act, 1956) Sec 13 By notifications published in the Gazette President shall call upon all Parliamentary constituencies to elect members Sec 14: Notification for General Election to the House of the People Notification for electing the representative of the State of Sikkim to the existing House of the People Sec 14A Learning Module for RO/ARO

PART III: Notification of General Elections On the expiration of the duration of the existing Assembly or on its Dissolution Notification shall be published by the Governor /Administrator in the official Gazette Sec 15: Notification for General election to a State legislative Assembly Notification for certain elections to Legislative Council Sec 15A Notification for biennial election to a State legislative Council Sec 16 Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections "Constituency" means a Parliamentary Constituency or an Assembly constituency or a Council constituency Sec 19: Definition By special directions given by the EC its functions may be performed by a Deputy Election Commissioner/ by Secretary to the EC Sec 19A: Delegation of functions of Election Commission To supervise the Conduct of all Elections in the State –Subject to the superintendence, direction and control of the EC Sec 20: General Duties of CEO To co-ordinate and supervise all work in the area under his jurisdiction in the conduct of all elections subject to the superintendence of, direction and control of CEO Sec 20A: General Duties of DEO Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections To watch the Conduct of Elections in one/group of constituencies as directed by the EC Power to stop the counting of votes or not to declare the result Sec 20B: Observers The EC in consultation with the government of the State ,designate or nominate such person who shall be an officer of government or of a local authority (for one or more constituencies ) Sec 21: Returning Officers Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections One or more persons to assist any RO Subject to the control of the RO perform any or all of the functions of the RO, none of which relate to the scrutiny of nominations unless the RO is unavoidably prevented from performing it Sec 22: Assistant Returning Officers Deemed to include an assistant returning officer performing any function which he is authorized to perform under sub section (2) of sec 22 Sec 23: RO to include AROs performing functions of RO To do all such acts as necessary for effectually conducting the election in the manner provided by Representation of People Act 1951 & rules and orders made thereunder Sec 24: General Duty of the RO Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections DEO shall provide sufficient number of polling stations for area under his jurisdiction Shall publish a list of polling stations along with the polling area and groups for voters for whom it is provided Sec 25: Provision of Polling Stations for Constituencies DEO appoints a PrO for each polling station, except a person employed by the candidate in the election Polling Officer to perform all functions of PrO if directed by PrO/ absenteeism owing to illness of PrO Sec 26: Appointment of Presiding Officers for Polling Stations Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections To keep order thereat and to see that the poll is fairly taken Sec 27: General Duty of the Presiding Officer To assist the Presiding Officer in the performance of his functions Sec 28: Duties of a Polling Officer Learning Module for RO/ARO

PART IV: Administrative Machinery for Conduct of Elections Deputation for the period commencing on the date of notification calling for election till the date of declaration of results of the Elections Includes all police officials involved in election activities Sec 28A: RO, PrO, etc. deemed to be on deputation to Election Commission1 The RO with the approval of the EC, fix the place at which the poll will be taken & notify it The RO shall preside over such election and appoint Polling officers to assist him (not appointing any person who has been employed by the candidate for election) Sec 29: Special Provision in case of certain elections Learning Module for RO/ARO

PART IVA: Registration of Political Parties Make an application for registration signed by the chief executive officer of the association & presented to Secretary of commission Application containing particulars specified by the Commission like the name of the body, state in which its head office is situated etc. Accompanied by a copy of memorandum of rules or regulations of the body After considering all particulars, the Commission shall decide either to register the body as a political party or not Sec 29A: Registration with the EC of associations and bodies as political parties Learning Module for RO/ARO

PART IVA: Registration of Political Parties Can accept any amount of contribution voluntarily offered by any person/company other than a Government company or foreign source Foreign source defined under clause (e) of section 2 of Foreign Contribution (Regulation)Act, 1976 Sec 29B: Political Parties entitled to accept contribution Learning Module for RO/ARO

PART IVA: Registration of Political Parties Treasurer /authorized person shall prepare a report for each financial year stating: Contribution in excess of rupees received by the party from any person/companies in the financial year Report shall be submitted for furnishing a return of its income under Sec 139 of the Income tax Act, 1961 to the Election Commission failing which the party shall not be entitled to any tax relief Sec 29C: Declaration of donation received by the political parties Learning Module for RO/ARO

Learning Module for RO/ARO
Did you know? Total Registered parties in India , out of them 980 are not yet recognized. A few aspirants started parties with some innovative names like " Bharthiya Prajatantrik Shudh Gandhiavadhi Krishik Dal" Learning Module for RO/ARO

PART V: Conduct of Elections Chapter I: Nomination of Candidates (Sec 30-39A) Chapter II: Candidates & Their Agents (Sec 40-51) Chapter III: General Procedure at Elections (Sec 52-55A) Chapter IV: The Poll (Sec 56-63) Chapter V: Counting of Votes (Sec 64-67A) Chapter VI: Multiple Elections (Sec 68-70) Chapter VII: Publication of Election Results & Nominations (Sec 71-74) Chapter VIIA: Declaration of Assets & Liabilities (Sec 75A) Chapter VIII: Election Expenses (Sec 76-78) Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates By notification in the Official gazette appoint the last date of making nominations, scrutiny of nominations, withdrawal of candidatures ,date on which the poll shall be taken, date before which the election shall be completed Sec 30: Appointment of dates for nominations Give notice inviting nominations of candidates specifying the place at which the nomination papers are to be delivered Sec 31: Public notice of election Qualified to be chosen to fill that seat under provisions of Constitution ,Representation of People Act ,1951/provisions of the Government of Union Territories Act, 1963 Sec 32: Nomination of candidates for election Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates Deliver to the Returning officer a nomination paper in the prescribed form by a candidate or proposer between 11a.m.and 3p.m. on notified days Sec 33: Presentation of Nomination Paper & requirements for a valid nomination Furnish Information regarding being accused/convicted of any offence Candidate/proposer to submit an affidavit verifying the information to the RO ,wherein he shall display it at his office Sec 33A: Right to Information Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates Candidate is not be liable to disclose any information in respect of his election which is not required to be disclosed under this Act/rules Sec 33B: Candidate to furnish information only under the Act & the rules Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates Candidate shall deposit a sum of 10,000 rupees or where the candidate is a member of Scheduled tribe/caste ,a sum of 5000 rupees incase of an Election from an Assembly/Council constituency Sum shall be deemed to have been deposited only when at the time of delivery of the nomination paper the candidate has deposited the sum in cash to RO, or has a receipt showing deposit in Government treasury Sec 34: Deposits Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates On receiving nomination paper ,RO shall inform of the date ,time & place fixed for the scrutiny of nominations and shall enter the serial number on the paper Sec 35: Notice of nominations and time and place for scrutiny RO shall examine & decide all objections made to any nomination and then after summary inquiry reject any nomination and hence prepare a list of validly nominated candidates Sec 36: Scrutiny of nominations Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates Notice in writing to RO delivered before 3p.m. on the day fixed under clause(c) Sec 30 Sec 37: Withdrawal of candidature After the expiry of the period of withdrawal of candidature, RO shall publish a list of contesting candidates Sec 38: Publication of list of contesting candidates Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates After election notification ,ECI by notification will appoint : 7th day after Election Notification as last date for filing nominations Day immediately after last day of nominations as date for scrutiny 2nd day after scrutiny as last date for withdrawal of candidature date/s for poll which shall not be earlier than 7th day after the last date for withdrawal Deadline for completion of election Sec 39: Nomination of candidates at other elections Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter I: Nomination of Candidates On the basis of past performance of a recognized political party ,during elections ,EC to allocate equitable sharing of time on the cable television network & other electronic media, binding on all political parties EC can make the code of conduct for cable operators & electronic media Sec 39A: Allocation of equitable sharing of time Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter II: Candidates & their agents Candidate appoints one person other than himself as Election agents making notice of such appointment to the RO Sec 40: Election agents Disqualified under the Constitution for being a member of Parliament/Legislature/voting at elections Sec 41: Disqualification for being an election agent Shall be signed by the candidate & shall operate from the date on which it is lodged with the RO If event occurs before the lodging of candidate's election expenses ,another person can be appointed by the candidate in the prescribed manner Sec 42: Revocation of the appointment, or death of an election agent Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter II: Candidates & their agents Repealed by the Representation of the People (IInd Amendment)Act ,1956( 27 of 1956 Sec 43: Effect of Default in appointment of election agent u/s 42 Sec 44: Duty of the election agent to keep accounts As authorized by this Act Sec 45: Functions of election agents Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter II: Candidates & their agents By the candidate/ his election agent as prescribed under Sec 25 /under sub-section (1) Section 29 for the poll Sec 46: Appointment of Polling Agent By the candidate/his Election agent in the prescribed manner by giving notice of appointment to the RO Sec 47: Appointment of Counting Agent Signed by the candidate /Election agent operating from the date on which it is lodged with prescribed officer In case of death or revocation, candidate/election agent may appoint in the prescribed manner another polling/counting agent before poll is closed/before counting of votes is commenced Sec 48: Revocation of the appointment or death, of a polling agent or counting agent Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter II: Candidates & their agents In connection with the poll/counting of votes as authorized under this Act Sec 49: Functions of Polling agents and counting agents Each contesting candidate/election agent shall have a right to be present & may himself do any act which any polling /counting agent is authorized to do at a poll Sec 50: Attendance of a contesting candidate /election agent at polling stations & performance by him of functions of polling/ counting agent Non attendance at the time & place appointed for the purpose shall not ,if the act is otherwise duly done ,invalidate the act or thing done Sec 51: Non-attendance of polling or counting agents Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter III: General Procedure at Elections RO on being satisfied of the death of the candidate by order announce adjournment of the poll & report the fact to the EC Party will be called upon to nominate another candidate for the said poll within seven days of issue of such notice & RO shall again furnish a list of contesting candidates Sec 52: Death of a candidate of a recognized political party before poll Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter III: General Procedure at Elections If the number of contesting candidates is more than the number of seats to be filled a poll shall be taken, when equal to the number of seats/is less than the number of seats to be filled RO shall declare all such candidates to be duly elected Sec 53: Procedure in contested and uncontested elections (Repealed by the Representation of the People (Amendment) Act, 1961, w.e.f ) Sec 54: Special procedure at elections in constituencies where seats are reserved for Scheduled Caste or Scheduled Tribes Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter III: General Procedure at Elections Member of Scheduled caste /tribe shall not be disqualified to hold seat not reserved for members of those castes/tribes if he is otherwise qualified to hold such seats Sec 55: Eligibility of members of SC/ST to hold seats not reserved for those castes or tribes [Repealed by the Representation of the People (Amendment) Act, 1958, (58 of 1958)] Sec 55A: Retirement from contest at elections in Parliamentary and Assembly constituencies Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter IV: The Poll EC to fix the hours during which poll will be taken (total period allotted on any one day for polling shall not be less than 8 hours) Sec 56: Fixing Time for Poll When poll is interrupted by riot, natural calamity or any other cause ,PO/RO shall adjourn the poll Sec 57: Adjournment of Poll in emergencies Tampering of any ballot box used at the polling station resulting in non ascertainment of result of the poll EC will declare that poll to be void Sec 58 : Fresh Poll in case of destruction etc. of ballot boxes Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter IV: The Poll On booth capturing RO will report the matter to the EC wherein the poll is declared void/election in the constituency is countermanded Sec 58A: Adjournment of Poll or countermanding of election on ground of booth capturing Votes shall be given by a ballot in such a manner as prescribed Sec 59: Manner of Voting at elections Any of the persons referred to in clause (a)/clause(b) of sub section (8) of Sec 20 of the Representation of the People Act ,1950 to give his vote either in person or by postal ballot or by proxy ,and not in any other manner at an Election Sec 60: Special procedure for voting by certain classes of persons Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter IV: The Poll Provisions may be made by rules under this Act for the marking with indelible ink, for the production of identity card by the elector Sec 61 : Special Procedure for preventing personation of electors Procedure of giving of votes by voting machines will be prescribed by the Election Commission ,having regard to the circumstances of each case Sec 61A: Voting Machines at elections Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter IV: The Poll Every person who is for the time being entered in the electoral roll of the constituency shall be entitled to vote in that constituency Shall not vote if subject to any disqualifications referred in Sec 16 ,Representation of People Act,1950 Sec 62: Right to Vote (Repealed by the Representation of the People (Amendment) Act, 1961, (40 of 1961) w.e.f ) Sec 63: Method of Voting Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter V: Counting of Votes To be counted by/under supervision & direction of the RO & each contesting candidate /election agent /counting agents shall have a right to be present Sec 64: Counting of Votes RO to report the matter to the EC ,wherein EC shall direct the counting of votes to be stopped ,declare the poll to be void or take necessary action and conduct a fresh poll Sec 64A: Destruction, loss etc. of ballot papers at the time of counting If equality of votes exists after counting the votes, the addition of one vote shall entitle any of the candidates to be declared elected which shall be decided by lot by RO Sec 65: Equality of Votes Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter V: Counting of Votes In the absence of any direction by EC, RO to declare the result of election in manner provided by this Act/Rules Sec 66: Declaration of Results RO to report result of election to EC & Appropriate authority as prescribed Sec 67: Report of the Result Date on which candidate is declared by the RO to be elected shall be the date of election of that candidate Sec 67A: Date of election of candidate Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter VI: Multiple Elections By notice is writing within ten days from the date candidate is chosen ,signed by him & delivered to the EC ,intimating which house he wishes to serve ,thereupon his seat in the House not chosen becomes vacant Sec 68: Vacation of seats when elected to both houses of Parliament Person already a member of either house who has taken his seat if chosen for other house ,his seat in the taken house becomes vacant on the date he is chosen Sec 69: Vacation of seats by persons already members of one House on election to other House of Parliament Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter VI: Multiple Elections Unless within the prescribed time he resigns all but one of the seats by writing to the Speaker/chairman/authority, all the seats shall become vacant Sec 70: Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election Results and Nominations & Declaration of Assets and Liabilities Publication of Results of Elections to the Council of States and of the names of persons nominated by President Sec 71 Publication of Results of Elections for Reconstitution of electoral colleges for certain UT [Repealed by the Territorial Councils Act, 1956 (103 of 1956)] Sec 72 Results will be notified in the Official Gazette by the EC along with the names of the members elected for the constituency ,hence shall be deemed constituted Sec 73: Publication of results of general elections to the House of People and State Legislative Assemblies and of names of persons nominated thereto Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter VII & VIIA: Publication of Election Results and Nominations & Declaration of Assets and Liabilities Notification under Sec 73 may be issued without taking into account Parliamentary constituencies of J&K and take separate steps for them Sec 73A: Special provisions as to certain elections Publication of results of elections to the State Legislative councils and of names of persons, nominated to such councils Sec 74 Within 90 days from the date of making oath ,Elected candidate must furnish information regarding his assets & liabilities Sec 75A: Declaration of Assets and Liabilities Learning Module for RO/ARO

PART V: Conduct of Elections- Chapter VIII: Election Expenses Application of Chapter- Only to elections to House of People and Legislative Assembly of a State Sec 76 Candidate/Election agent shall keep an separate, correct account of election expenditure incurred/authorized between date of nomination & declaration of results. Sec 77: Account of Election Expenses and maximum thereof Within 30 days from the date of election, contesting candidate should lodge with DEO true copy of election expenses kept by him/election agent Sec 78 : Lodging of account with District Election Officer Learning Module for RO/ARO

Did you know? Panduranga Rao is India's first and only elected candidate to conduct a referendum on his work. After 3 years as sarpanch of Allagadapa village (Nalgonda Dist., AP), he thought it is important to know his performance as sarpanch and conducted a referendum with help of few NGO's. Out of 1789 polled votes, 1710 supported him. He entered in Limca book of Records in 2006 as the first elected representative in India to hold a referendum on his tenure. Guinness World Records, is examining to enter his name. Hats off ,for upholding the spirit of democracy. (Source: Learning Module for RO/ARO

PART VA: Free Supply of Certain Materials to Candidates of Recognized Political Parties Subject to conditions laid by Central Government & EC with respect to the reduction of maximum expenditure incurred by the candidate Govt shall supply through Officers free copies of Electoral rolls Sec 78A: Free Supply of Copies of Electoral Rolls EC shall between the date of publication of notification & date on which poll is taken supply certain items to candidates in consultation with the Central Govt and its laid conditions Sec 78B: Supply of certain items to candidates, etc. Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter I - Interpretation Interpretations sub sections (a)to (f) pertain to definitions of candidate, costs ,electoral right ,High Court ,returned candidate Sec 79 Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter II- Presentation of Election Petitions to High Court No election shall be called in question except by an Election petition in accordance with the provisions laid Sec 80: Election Petitions Jurisdiction lies with the High Court –Single Judge & Chief justice & their assigned judge/s Sec 80A: High Court to try election petitions By candidate/elector within 45 days of date of election on grounds specified by sub sec(1) of Sec 100& Section 101 of this Act Sec 81: Presentation of Petitions Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter II- Presentation of Election Petitions to High Court Petitioner to join as a respondent to his petition when he claims that he /other candidate has been duly elected Sec 82: Parties of the Petitions Contain verified concise statement of material facts relied on by the petitioner, corrupt practices alleged ,& his signature Sec 83: Contents of Petition Claim a further Declaration that he/other candidate has been duly elected Sec 84: Relief that may be claimed by the Petitioner Procedure on receiving petition [Repealed by Representation of the People (Amendment) Act, 1966 (47 of 1966)] Sec 85: Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions Petitions not complying with provisions of Sec 81/82/112 of this Act shall be dismissed Trial shall be deemed to commence on the date fixed for the respondents to appear before the High Court Sec 86: Trial of Election Petitions Petition shall be tried in accordance with the procedure applicable under Code of Civil Procedure,1908 (5 of 1908 to the trial of the suits & Indian Evidence Act ,1872 Sec 87: Procedure before the High Court Place of Trial Attendance of Law Officers Procedure & Appearance before the Tribunal Powers of tribunal Sec (repealed by Act 47 of 1966) Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions No document shall be inadmissible in evidence at the trial of Election petition on ground that it is not duly stamped /registered Sec 93: Documentary Evidence No witness /other person shall be required to state for whom he has voted Sec 94: Secrecy of Voting not to be Infringed No witness shall be excused from answering any question relevant to a trial of election petition Sec 95: Answering criminating questions & certificate of indemnity Reasonable expenses incurred in attending to give evidence to be deemed to be part of the costs Sec 96: Expenses of Witnesses Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions When Declaration claiming election of any other candidate is made ,the returned candidate /other party may give evidence to prove that the election would have been void if he had been the returned candidate Sec 97: Recrimination when seat claimed At the conclusion of the trial, High Court shall make an order for dismissing the election petition/declaring the election any/all of the returned candidates to be void /other candidate to have been duly elected Sec 98: Decision of the High Court Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions With regard to charge of any corrupt practice ,fixing the total amount of costs payable & persons by &whom costs shall be paid Sec 99: Other Orders to be made by High Court Various grounds for declaring election of the returned candidate to be void Sec 100: Grounds for declaring election to be void High Court is of the opinion that the petitioner /other candidate received a majority of the valid votes/votes are obtained by corrupt practice Sec 101: Grounds for which candidate other than returned candidate may be declared to have been elected Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions Decision would be taken by RO under provisions of this Act/High Court shall decide by Lot Sec 102: Procedure in case of equality of votes High Court shall intimate the substance of the decision to the Election Commission & Speaker of House of Parliament Sec 103: Communication of orders of HC EC shall forward copies of the order made by the High Court to the appropriate authority/speaker /chairman of house of Parliament Sec 106: Transmission of Order to appropriate authority, etc. and its publications Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter III – Trial of Election Petitions Effect of orders shall take place as it is pronounced by the High Court Sec 107: Effect of orders of the HC Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter IV – Withdrawal and Abatement of Election Petitions [Repealed by the Representation of the People (Amendment)Act, 1966 (47 of 1966) Sec 108: Withdrawal of petitions before appointment of Tribunal (repealed by 47 0f 1966) Only by leave of the High Court on making an application for withdrawal Sec 109: Withdrawal of Election Petitions Refer to the procedure under the Section 110 Sec 110 : Procedure for withdrawal of election petitions Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter IV – Withdrawal and Abatement of Election Petitions High Court shall report the fact to the EC,& EC shall publish the report in the Official Gazette Sec 111: Report of withdrawal by the HC to the ECI Shall abate only on the death of a sole petitioner/survivor of several petitioners Sec 112: Abatement of Election Petitions High court shall place notice of no respondent to oppose the petition in the Official Gazette & thereby receive applications from petitioners to get a substitute Sec 116: Abatement or substitution on death of respondent Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter IVA- Appeals Appeal can be made to the Supreme Court within 30 days of order(under Sec 98/99) of High Court Sec 116A: Appeals to Supreme Court Before the expiration of the time allowed for appeal can be made to the High Court/Supreme Court for the stay of operation of an order Sec 116B: Stay of Operation of Order of High Court Supreme Court hears the appeal in accordance with the laid laws and rules Sec 116C: Procedure of Appeal Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter V- Costs and security for costs According to the rules of the High Court petitioner shall deposit 2000 rupees as security for the costs of the petition Sec 117: Security for Costs No person shall be entitled to join unless given security of costs Sec 118: Security for Costs from Respondent Discretion of the High Court to take orders Sec 119: Costs Learning Module for RO/ARO

PART VI: Disputes Regarding Elections: Chapter V- Costs and security for costs By the person in whose favor these costs are awarded Security deposits shall be returned on the death of the depositor Sec 121: Payment of Costs of Security Deposits and return of such deposits Before the principal court of original jurisdiction within the local limits of the residence of the person Sec 122: Execution of orders as to costs Learning Module for RO/ARO

Did you know? In five Indian states and one union territory, women voters outnumber men: Andhra Pradesh Kerala Manipur Meghalaya Mizoram Puducherry Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter I- Corrupt Practices Corrupt Practices Definitions of bribery, undue influence, inciting religious sentiments, booth capturing, etc. Sec 123 Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Promoting enmity on grounds of religion, race, caste, community ,language, feelings is punishable Imprisonment upto 3 years /fine/both Sec 125: Promoting Enmity between classes in connection with election Imprisonment upto 6 moths/fine/both Sec 125A: Penalty for filing false affidavit, etc. Imprisonment upto 2 years/fine/both Sec 126: Prohibition of public meetings during period of 48 hours ending with hour fixed for conclusion of poll Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences For the date & time specified by the EC by a general order Imprisonment upto 2 years /fine/both Sec 126A: Restriction on publication and dissemination of result of exit polls, etc. Offence under sub section (2) Section 126A Every person responsible for the conduct of business of the company shall be deemed guilty unless proven Sec 126B: Offences by companies Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Public meeting of a political character If Police Officer suspects any person ,he can be arrested without warrant Imprisonment upto 6 months /fine upto 2000 rupees Sec 127: Disturbances at election meetings Election pamphlet/poster which does not bear the name & addresses of the printer /publisher shall not be printed Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location Imprisonment upto 6 months /fine up to Rs. 2000/ both Sec 127A: Restrictions on the printing of pamphlets, posters, etc. Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Officer/clerk/agent/person performing duty in connection to Election shall not communicate to any person any information calculated to violate such secrecy Sec 128: Maintenance of secrecy of voting No act for the furtherance of the prospects of the election of a candidate should be done Imprisonment upto 6 months /fine/both Sec 129: Officers, etc. at elections not to act for candidates or to influence voting No canvassing on the date/dates on which the poll is taken Fine upto 250 rupees Sec 130: Prohibition of canvassing in or near polling stations Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Imprisonment upto 3 months /fine/both & Police Officer has the right to arrest and take necessary actions Sec 131: Penalty for disorderly conduct in or near polling stations Imprisonment upto 3 months /fine /both Sec 132: Penalty for misconduct at the polling station Elector refusing to observe procedure for voting the ballot paper shall be liable for cancellation Sec 132A: Penalty for failure to observe procedure for voting Imprisonment upto 3 months & fine Sec 133: Penalty for illegal hiring or procuring of conveyance at the elections Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Fine upto 500 Rupees Applicable to DEO, RO, ARO, PrO ,Polling Officers & any other person appointed to perform duty in connection with receipt of nomination of withdrawal of candidatures /recording/counting of votes Sec 134: Breaches of official duty in connection with elections Imprisonment upto 3 months/fine/both Sec 134A: Penalty for government servants for acting as election agent, polling agent or counting agent Except RO, Presiding Officer/Police Officer /person appointed to maintain peace & order at the polling station Imprisonment upto 2 years/fine /both Sec 134B: Prohibition of going armed to or near a polling station Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Unauthorizedly takes ballot paper outside the polling station Imprisonment upto 1 year/fine upto 500 rupees/both Sec 135: Removal of ballot papers from polling station to be an offence Imprisonment upto 3 years & fine ,if committed by a person in service of Government term is upto 5 years & fine Booth capturing: seizure/taking possession of polling station/place of counting of votes /threatening any elector Sec 135A: Offence of booth capturing Every person entitled to vote at an election to be granted a day of poll without deduction of wages Sec 135B: Grant of paid holiday to employees on the day of poll Learning Module for RO/ARO

PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences Within a polling area during 48 hours ending with the conclusion of the poll Sec 135C: Liquor not to be sold, given or distributed on polling day Guilty of electoral offence :tampering with ballot box or ballot paper /nomination paper fraudulently Imprisonment upto 6 months or 2 years /fine /both Sec 136: Other offences and penalties thereof [Sub sections to (1)-(4)] Learning Module for RO/ARO

PART VIII: Disqualifications: Chapter IV – Powers of Election Commission in connection with Inquires as to Disqualification of Members (Chapters I-III repealed by 47 of 1966) For purposes of inquiry ,EC has the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 Sec 146: Powers of Election Commission No statement made by a person in the course of giving evidence be used against him in any civil/criminal proceeding except a prosecution for giving false evidence Sec 146A: Statements made by Person to the Election Commission EC has the power to regulate its own procedure Sec 146B: Procedure to be followed by the Election Commission No suit/prosecution for action taken in good faith Section 146C: Protection of action taken in good faith Learning Module for RO/ARO

Did you know? 20,140 litres of violet ink are used in Parliamentary General Elections to put ink from top of the nail to the bottom of voters. Voters' ink/ Indelible Ink was developed by the Delhi-based National Physical Laboratory, the ink's manufacturing has been licensed to Mysore Paints, a 72-year-old company owned by the Karnataka government. Only one man in the company knows the formula for making the ink - its quality control manager. And he does it behind a secure, locked door and alone. Learning Module for RO/ARO

PART IX: Bye Election Casual Vacancies in the Council of States Sec 147 Casual Vacancies in the electoral colleges for certain UT [Repealed by the Territorial Councils Act, 1956 (103 of 1956)] Sec 148 Notification in the Official Gazette to call upon the Parliamentary constituency concerned to elect a person Sec 149: Casual Vacancies in the House of the People Learning Module for RO/ARO

PART IX: Bye Election Notification in the Official Gazette ,EC shall call upon the Assembly constituency to elect a person Sec 150: Casual Vacancies in the State Legislative Assemblies Casual Vacancies in the State Legislative Councils Sec 151 Time limit for filling vacancies referred to in sections 147, 149, 150 and 151 Sec 151A Learning Module for RO/ARO

PART X: Miscellaneous RO should maintain a list of elected members of that Legislative Assembly Copies of such shall be made available for Sale Sec 152: List of Members of the State Legislative Assemblies and electoral colleges to be maintained by returning officers concerned Amendments should be made in the Notification issued by the EC Sec 153: Extension of time for completion of election Learning Module for RO/ARO

PART X: Miscellaneous Term of Office of members of the Council of States Sec 154: Commencement of the term of office of members of the Council of States Sec 155 Term of Office of members of the State legislative Councils Sec 156 Commencement of the term of office of members of the State Legislative Councils Sec 157 Learning Module for RO/ARO

PART X: Miscellaneous To be done as soon as the results of the election are declared, in case of death as soon as the publication of list Sec 158: Return or forfeiture of candidate’s deposit On request of Regional Commissioner /CEO of the state for RO Authorities: Local Authority ,University under Central, Provincial Act, Govt. Company Sec 159: Staff of certain authorities to be made available for election work By State Government order in writing for requisition to be used until the completion of the poll Sec 160: Requisitioning of premises, vehicles, etc. for election purposes Learning Module for RO/ARO

PART X: Miscellaneous Compensation amount for Requisition of premises/vehicle etc to the person(owner) Sec 161: Payment of compensation From owner of the property ,information related to the possessed property Sec 162: Power to obtain information Person Authorized by the State Government Sec 163: Power of entry into and inspection of premises etc. Learning Module for RO/ARO

PART X: Miscellaneous Any person remaining in possession of any requisitioned premises in contravention of any order made by the Govt. through an Officer Sec 164: Eviction from requisitioned premises By delivering the possession to the owner Sec 165: Release of premises from requisition Notification in the Official Gazette direct the exercise of powers of the State Government by the specified officers Sec 166: Delegation of functions of the State Govt. with regard to requisitioning Imprisonment upto 1 year /fine /both Sec 167: Penalty for contravention of any order regarding requisitioning Learning Module for RO/ARO

PART XI: General Central Govt. after consulting with the Election Commission by notification in the Official Gazette make rules for carrying out the purposes of this Act Sec 169 No civil court shall have jurisdiction to question the legality of any action by the RO /person appointed under this Act in connection with election Sec 170: Jurisdiction of civil courts barred Learning Module for RO/ARO

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RP Act 1950 and 1951.

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RP Act 1950 and 1951.

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