[PDF]Representation of the People Act (India) 1951

KEOI8TKRED No. P-R»»




EXTRAORDINARY
PART n— Section 1
PUBLISHED BY AUTHORITY



No. 29] NEW DELHI, WEDNESDAY, JDLY 18. 1951



UDnSTBY OF LAW

New Delhi, the ISth July, 1961

The following Act of Parliament received the assent of the President on the
17th July, 1951 and ia hereby published for general information; —

THE REPRESENTATION OF THE PEOPLE ACT, 1951

No. XLIII OE 1951

An Act to provide for the fjonduct of electiona to the Houses of
Parliament and to the House or Houses of the Legislature of
each State, the qualiii cations and disqualificatiors for member-
ship of thOBO Houses, the corrupt and illegal practices and
other offences at or in connection with such elections and tho
de:;iaion of doubts anrt disputes arising out of or in connection
with such elections,

[IWi July, 1051]

Bb it enacted by Parliament as follows: —

PAET T

Pkbliminary

1. Short title. — This Act may be t-nlled the Ecpres(^ntation of the Peopla
let, 1951.

2. Interpretation — (1) in this Acii, unlfRs the context otherwise requires, —

(a) ebch of tht, expressions dclinfd in accliou 2 or svib-sewlion (1) of
seclioii 27 of fclie JlcpreBentation of the People Act, 1950 (XTilll
of 1950), but not defined in this Act. shall have the same meaning
ag iri that Act;

^6) "arpi'opriate author ty" means, m relation to an election to the
HouBe of the People or the Counfil of States or to a primary
election, the Central Government, and in relation to an elcotioii
to the Legislative Assembly or the Legislative Council of a State,
the State Government;

248 G off I



THE GAZETTE OP INDIA EXTBAOBDINARY [Past II



(c) "corrupt practice" meana any of the practices specified ir "*ion

123 or section 124 ;

(d) "eleotion" mMna an dection to fl]l a geat or •eats in either Hou«

oi i'arliament 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 rel^ition to a constituency, means a person whose name

is for tho time being entered in the electoral roll of that consti-
tuency ,

(f) "illegal practice" meana any of the practices specified in section 125;
{g) "prescribed" moans prescribed by rules made under this Act;

(h) "primary election" means an election for the purpose of constituting

or reconstituting an electoral coUege \mder section 27A of the
Eeprcflentation of the People Act, 1950 (XL 1 11 of 19 ^0) for e
scheduled Part G State or for the purpose of filling any casual
vacauny in the seat of a member of such electoral co'lege;

(i) "Sohoduled Oaatea" and "Bcbeduled Tribes" in relation to tv Part C

State, mean respectively the castes specified in the Sixth Schedule
and the tribes specified in the Seventh Schedule to the Eepre-
sentAtioii of the People Act, 1950 (XLIII of 1950) in relation to
ihat State,

{l) "scheduled Pai't C" StRte" rneans any Part C State or group oi
such Stales for the time being specified in the first column of the
Fifth Sob ed ale io the Representation of the People Act, 1950
(XLIII of 1950);

(A-) "sign" in relation to a perBon who is unable to write his narno
meana authenticate in such manner as may be prescribed;

(I) "Tribunal* means a tribunal appointed by the Election Gommission
under section 80.

(2) For tho purposes of this Act, a Council of Stutes constituency, a Purlin-
■mentary constituency, an Assembly constituency, a Cnuncil constit\ienoy, a
local authorities' constituency, a graduates' constituency and a teachers' con-
fltituency shall each be treated as a constituen'iy of a different class

(8) Any requirement under this Act that a notification, order, rule, declara-
tion, notice or list issued or made by any authority shall be published in the
OfBoial Gazette, shall unless otherwise expressly provided in this Act, be con-
strued m a requirempnt 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 OflRcial Gazette of the State; and

(o) where it is issued or made by any other authority, be publiah^rl hi
the Gazette of India if it relates to an election to, or membership
of, either House of Parliament or to a primary elention, and in the
Official Gazette of the State if it relates to an election to, or
membership of, the House or either House of the Ijegislature of
a State.

(4) Where, under any of the proviflions of this Act, anything is to be pre-
Borilocd, diffei'ent i)rovisiona may be made for different cases or classes of cases



-Sec. 1]



THE GAZETTE OP INDIA BXTBAOEDINABY



235



{6) Apy reference in this Act to a law which is not in force in ft Part B
Btate shall, in relation to that State, be construed as a xeferenoe to the corres-
ponding law, if any, in force in that State.

(6) Any reference in this Act to fl High Court or to the Judge of a High
Court shall, in relation to a Part C State having a Court of the Judicial Com-
missioner, be construed as a reference to the said Court of the Judicial Oom-
miEsloner or to the Judicial Commissioner or any Additional Judicial Commis-
fiioner, as the oa*e 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.

PABT II

yualifioa'tlons and dibquaufi0atx0n6 foe mbmbhr8hip

Chapter 1

Qualifications for memheTahif of PaTliament.
8. Qualiflcatlons lor membership ol the Oouncll of States. — (1) A person

■shall not be qualified to be chosen aa a representative of any Part A or Part B
State (other than the State of Jammu and K-asbmir) in the Council of States
Jinle&s he is an elector for a Parliamentary constituency in that State.

(2) A person shall not be qualified to be chosen as a representative of the
States of Ajmor and Coorg or of the States of Manipur and Tripura in the Coun-
cil of States \mleBB he is on elector for any Parliamentary constituency in the
State in which the election of such representative is to be held.

(8) Save as otherwise provided in sub-soction a person shall not be
qualified to ba chosen as a representative of any Part 0 State or group of such
States in the Council oX States unless he is an elector for a Parliomentary oonsti-
'tuency in that State or in any of the States in that group, as the case may be.

4. QualllElcations loi membership ot the House oi the Feople. — A persoin
tihall not be qualified to be chosen to fill a seat in the House of the People,
other than a seat allotted to the State of Jammu and Kashmir or to the Anda-
man aud Nicobar Islands, unless —

(a) in the case of a soat reserved for the Scheduled Castes in any State,
he is a member of any of the Scheduled Castes, whether of t}>at State or
of ony other State, and is an elector for any Porliamentary constituency;

(6) in the case of a seat reserved for the Scheduled Tribes in any State
(othar than those in the autonomous distriotB of Assam), ho is a luf^mber
of any of the Scheduled Tribes, whether of that State or of any other State
(excluding the tribal areas of As'*am), and is an elector for any Parliamentary
constituency ;

(c) in the case of a seat reserved for the Scheduled Tribes in the auto.
nomo'Js districts of Assam, ho is a member of any of those Scheduled Tribes
and is an elector for the Parliamentary constituency in which such Be»t
is lescrvi'd or for any other Parliamentary constituency comprising any
such autonomous district; and

(f?) in the ease of any other scat, ho is an elector for any Parliamentary
constituency.

Chapter II

Qualifications for membership of State Legislatures
6. QualLfioatlonB lor memberolilp 01 a Legislative Assembly.— A person

shall not bo qualified lo be cliosen to fill a seat m the Legislative Assembly
of a State unless—

(a) in the case ot a seat reserved for the Scheduled Castes or for the
Scheduled Tribes of that State, he is a member of any of those castes cr of



236



THE GAZETTE OF INDIA EXTEAOBDINAEY [Pabt U



those tribes, as the case may be, and is an elector for any Assembly consti-
lueucy in that State;

(b) in the case of a seat reserved for an autonomous district of AsHaiUf
other than a seat the constituency for which comprises the cantonment and
municipality of Shillong, ha is a member of a Scheduled Tribe of that district
and is ar elector for the Assembly constituency in which such Beat or
any other seat is reserved for that district; and

(c) in the case of any other seat, he is an elector for any Assembly
constituency in that State.

6. QualiflcatlonB for memberohlp ot a Legislative Council. — (1) A person
shall not be qualified to be chosen to fill a seat in the Legislative Council of a
State to be filled by election unless he is an elector for any Aasembly constituency

in thiU State.

(2) A person shall not be qualified to be chosen to fill a seat in the Legisla-
tive Council of a Sttite to be filled by nomination by the Governor or th©
Bajprnmukh, as the ease may be, unless he is ordinarily resident in the State.

Chaptbk ill
Diaqualificationa

7. Dlsquallflcationii for membeiahlp of Parliament or of a State LeglBlatnre.^

A person shall be disqualified for being chosen as. and for being, a member oJ
either House of Parliament or of the Legislative Assembly or fjogislative Council
of a State —

(a) if, whether before or after the Cummenoement of thA Constitution,
he has been convicted, or has, in proceedings for questioning the validity
cr regularity of an election, been found to have been giiilty, of any offence
or corrupt or illegal practice which has been declared by section I3y or
section 140 to bo an offence or practice entailing disqualification fca*
membership of Pariiamcnt and' of the Legislature of every State, imless
such period has elapsed as has been provided in that behalf in the said
section 139 or section 140, as the case may be;

(b) if, whether before or after the commencement of the Constitution,
he has been convicted by a court in India of any offence and sentenced
to transportation cr to imprisonmont for not less than two years, unless
a period of five years, or such less period as the Election Commission may
allow in any particular case, hafl elapsed since his reloaso;

[r] if, having been nominated as a candidate for Parliament or the :
Legislature of any State or having acted as an election agent of any per-
son so nominated, he has failed to lodge a return of election expenses
within the time and in the manner required by or under this Act, unless
five years have elapsed from the date by which the return ought to ha^ve
been lodged or the Election Commission has removed the disqualification ;

(d) if, whether by himself or by any person or body of persons in
trust for him or for his benefit or on his account, he has any share or interest
in a contract for the supply of goods to, or for the execution of any works
or tlie performance of any services undertaken by, the appropriate Gov-
ernment;

(e) if he is a director or managing agent of, or holds any oifice of '
profit under, any corporation in which the appropriate Government h&s
any share or financial interest;



"Sbo. 1] THE GAZETTE OF INDIA EXTEAOEDINAEY 237



(/) if, having held any oifice under the Government of India or the
Govdrimierit of any State or under the Crown in India or under the Qov-
emment of an Indian State, he has, whether before or after the com-
loenoement of the Constitution, been dismiBBed for corruption or dhloyftlty
to the State, unless a period of five years has elapsed since his dismissal.

■9. Savings. — (1) Notwithstanding anything in section 7 —

(a) a disqualification under clauso (a) oi clause (6) of that section
flhftll not, in the case of a person who becomes so disqualified by virtue
of a conviction or a conviction and s, sentence and is at the date of tlio
disquali'^ication a member of Parliament or of the Legislature of a State,
take effect until three months have elapsed from the date of such disquall-
floation, or if within theso three months an appeal or petition for revision
is brous;ht in respect of the conviction or the sentence, until that appeal
or petition is disposed of;

(6) a disqualification under clause (o) of that section shah not take
effect until the expiration of two months from the date by which the
return of election expenses ought to have been lodged or of such longer
period ae the Election CommisBion may in any particular case allow;

(c) a disqualification under olause (cZ) of that section shall not, where
the share or interest in the contract devolves on a per'3on by inheritanoe
or succession or as a legatee, executor or administrator, take effect until
the expiration of six months after it has so devolved on him or of such
longer period as the Election ConnuisBion may in any particular case allow;

(t/) a person shall not bo disqualified xindor claueo (d) of that section
by roason of his having a share or interest in a contract entered into bet-
ween a public company of which he is a shareholder but is neither a direc-
tor holding an office of profit under the company nor a managing agent and
the appropriate Government;

(e) a person shall not be disqualified under clauso (e) of that section
by reason of his be'ng a director unless the office of such director is declar-
ed by Parliament by law to so disqualify its holder;

(/) a disqualification under clause (e) of that section shall not, in the
case of a director, take effect where the law making any such declaration
as is referred to in clause (f) of this section in respect of thn office of
such director has come into force after the director lias been chosen a mem
ber of Parliament or of the Legislature of & State, as the case may b-3,
until the expiration of six months after the date on which such law comes
into force or of such longer period as the Election Commission may in
any particular case allow;

(p) a disqualification under clause (/) of that section may, in the case
of anj of thi candidates for the first elections under this Act, be removed
by the Election Commission for reasons to he recorded by it in writing,
(2) Nothing in clause (d) of section 7 shall extend to a conlracfc entered
into between a co-operative society and the appropriate Government
9. Interpretation, etc — (1) In this chapter —

(a) "appropriate Government" means in relation to any disqualifi-
cation for being chosen as or for being a member of either House of Parlia-
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