Representation of Peoples Act 1950

8/21/2019 Representation of Peoples Act 1950

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1

RP Act 1950

and 1951


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Representation Of The People Act, 1950

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.

This Act contains 32 Sections in 5 Parts.

THE PARTS ARE AS FOLLOWS


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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.


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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 stafffrom local authorities, etc.


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IMPORTANT SECTIONS

Section 2

defines Election Commission

as the Commission appointed by

the President under Article 324

of the Constitution of India.

Section 13A

provides for a Chief Electoral Officer

in each State.

Section 13AA

provides for the nomination by the

ECI of an officer to be the District

Election Officer.

Section 13B(1)

provides for designation or

nomination of ERO by ECI

Section 13B(2)

The ERO can employ various personsfor the preparation and revision of the

Electoral Roll for the AC.

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.


Electoral

Registration Officer


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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 19gives 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.



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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 thequestion 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.



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Representation of the Peoples Act 1951

Learning Module for RO/ARO8

Part I: Preliminary(Sec 1-2)

Part II:

Qualifications &Disqualifications

(Sec 3-11B)

Part III: Notificationof General Elections

(Sec 12-16)

Part IV:AdministrativeMachinery 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 ofCertain Material to

Candidates of

Recognized PoliticalParties

(Sec 78A-78B)

Part VI: Disputes

Regarding Elections(Sec 79-122)

Part VII: CorruptPractices and

Electoral Offences(Sec 123-138)

Part VIII:Disqualifications

(Sec 139-146C)

Part IX: Bye-elections

(Sec 147-151A)

Part X:Miscellaneous(Sec 152-168)

Part XI: General(Sec 169-171)


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Learning Module for RO/ARO 9

Representation of the Peoples Act,1951Sec 1: Short Title

Interpretation of terms in the ActSec 2:Interpretation

Part I: Preliminary


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PART II: Qualifications & Disqualifications: Chapter I

Sec 3: Qualification for Membership of the Council ofStates

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/STand is an elector for any Parliamentary constituency

In case of any other seat, he is an elector for any ParliamentaryConstituency


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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 forMembership of

Legislative Assembly

Qualifications for Membership of Assemblyof SikkimSec 5A

Qualification for Membership of LegislativeCouncil

Sec 6


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PART II: Qualifications & Disqualifications: Chapter III

Appropriate Govt. means Central Govt. & State

government with regards to disqualification for beingchosen as MP and MLA/MLC of that staterespectively.

Disqualified means disqualified for being chosen asMP or MLA/MLC of a state.

Sec 7: Definitions

Person convicted for various offencesor incontravention of certain laws and provisions

Disqualified for a period of six years from date ofconviction

Sec 8:Disqualification on

conviction forcertain offences
http://localhost/var/www/apps/conversion/tmp/scratch_4//localhost/Users/ketan/Desktop/Current%20Work/Election%20Commission/Modules/RDC%20-%20RO:ARO%20Module/RDC%20-%20RO:ARO%20Module%202/Electoral%20Offences%20-%20RPA%201951.docxhttp://localhost/var/www/apps/conversion/tmp/scratch_4//localhost/Users/ketan/Desktop/Current%20Work/Election%20Commission/Modules/RDC%20-%20RO:ARO%20Module/RDC%20-%20RO:ARO%20Module%202/Electoral%20Offences%20-%20RPA%201951.docx


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Case of every person found guilty of a corruptpractice by an order under Section 99 shall besubmitted to the President to determine

whether such person shall be disqualified & forwhat period

A petition to the President for the removal ofsuch disqualification for the unexpired periodcan be submitted

Before giving a decision on this disqualificationthe President shall obtain the opinion of theElection Commission

Sec 8A:Disqualification on

the ground ofcorrupt practices


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A person having held an offence under theGovernment of India/State for corruption ordisloyalty shall be disqualified for a period of5 years

Sec 9: Disqualificationfor dismissal for

corruption or disloyalty

If person has a contract with the Governmentfor the supply of goods to or for execution ofany works

Sec 9A: Disqualificationfor Government

contracts


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As long as he is a managing agent, manageror secretary of any company or corporation inwhich the Government has not less than 25%share

Sec 10: Disqualificationfor office under

government company

Failing to lodge an account of election

expenses within time and manner requiredor has no good reason or justification for thefailure

Disqualified for a period of three years

Sec 10A:Disqualification forfailure to lodge account

of election expenses


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The Election Commission, for reasons to berecorded has the right to remove or reduceany disqualification under this chapter

Sec 11: Removalor reduction of

period ofdisqualification


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PART II: Qualifications & Disqualifications: Chapter IV

For an offence punishable under Sec171E/Sec 171F of IPC ,or Sec125/135/Clause(a) of sub section (2) ofsection 136 of Representation of PeopleAct, 1951, or by a decision of thePresident

Shall be disqualified for a period of sixyears

Sec 11A:Disqualification

arising out of

conviction andcorrupt practices

The Election Commission for reasons to berecorded ,may remove disqualification

Sec 11B: Removal ofdisqualifications


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PART III: Notification of General Elections

Notification for Biennial Election to theCouncil of States

Sec 12

Notification for election to fill the seatallotted to the state of Sikkim in the Council

of States

Sec 12A

Notification for Reconstitution of electoralcolleges of certain UT (Repealed by theTerritorial Councils Act, 1956)

Sec 13

By notifications published in the GazettePresident shall call upon all Parliamentaryconstituencies to elect members

Sec 14: Notification forGeneral Election to the

House of the People

Notification for electing the representativeof the State of Sikkim to the existing House

of the People

Sec 14A


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PART III: Notification of General Elections

On the expiration of the duration of theexisting Assembly or on its Dissolution

Notification shall be published by theGovernor /Administrator in the official

Gazette

Sec 15: Notification forGeneral election to a

State legislative

Assembly

Notification for certain elections toLegislative Council

Sec 15A

Notification for biennial election to a Statelegislative Council

Sec 16


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"Constituency" means a ParliamentaryConstituency or an Assembly constituency ora Council constituency

Sec 19: Definition

By special directions given by the EC its

functions may be performed by a DeputyElection Commissioner/ by Secretary to theEC

Sec 19A: Delegation offunctions of ElectionCommission

To supervise the Conduct of all Elections inthe StateSubject to the superintendence,direction and control of the EC

Sec 20: General Duties

of CEO

To co-ordinate and supervise all work in thearea under his jurisdiction in the conduct ofall elections subject to the superintendence

of, direction and control of CEO

Sec 20A: General Dutiesof DEO

PART IV: Administrative Machinery for Conduct of Elections


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To watch the Conduct of Elections inone/group of constituencies as directed bythe EC

Power to stop the counting of votes or notto declare the result

Sec 20B: Observers

The EC in consultation with the governmentof the State ,designate or nominate suchperson who shall be an officer ofgovernment or of a local authority (for oneor more constituencies )

Sec 21: ReturningOfficers



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One or more persons to assist any RO

Subject to the control of the RO perform anyor all of the functions of the RO, none ofwhich relate to the scrutiny of nominationsunless the RO is unavoidably prevented from

performing it

Sec 22: AssistantReturning Officers

Deemed to include an assistant returningofficer performing any function which he isauthorized to perform under sub section (2)of sec 22

Sec 23: RO to includeAROs performingfunctions of RO

To do all such acts as necessary for effectuallyconducting the election in the mannerprovided by Representation of People Act1951 & rules and orders made thereunder

Sec 24: General Duty ofthe RO



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DEO shall provide sufficient number ofpolling stations for area under hisjurisdiction

Shall publish a list of polling stations along

with the polling area and groups for votersfor whom it is provided

Sec 25: Provision ofPolling Stations for

Constituencies

DEO appoints a PrO for each polling station,

except a person employed by the candidatein the election

Polling Officer to perform all functions ofPrO if directed by PrO/ absenteeism owingto illness of PrO

Sec 26: Appointmentof Presiding Officersfor Polling Stations



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To keep order thereat and to see that thepoll is fairly taken

Sec 27: General Duty ofthe Presiding Officer

To assist the Presiding Officer in theperformance of his functionsSec 28: Duties of aPolling Officer


R i f h P l A 1951


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11-03-Learning Module for RO/ARO 25

Deputation for the period commencing onthe date of notification calling for election tillthe date of declaration of results of theElections

Includes all police officials involved in

election activities

Sec 28A: RO, PrO, etc.deemed to be on

deputation to ElectionCommission1

The RO with the approval of the EC, fix theplace at which the poll will be taken & notifyit

The RO shall preside over such election andappoint Polling officers to assist him (notappointing any person who has beenemployed by the candidate for election)

Sec 29: Special

Provision in case ofcertain elections


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11-03-2014 Learning Module for RO/ARO 26

PART IVA: Registration of Political Parties

Make an application for registration signed bythe 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 ofrules or regulations of the body

After considering all particulars, theCommission shall decide either to registerthe body as a political party or not

Sec 29A:Registrationwith the EC

ofassociations

and bodies aspolitical

parties

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Can accept any amount of contributionvoluntarily offered by any person/company otherthan a Government company or foreign source

Foreign source defined under clause (e) ofsection 2 of Foreign Contribution (Regulation)Act,1976

Sec 29B:

PoliticalParties

entitled toaccept

contribution

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Treasurer /authorized person shall preparea report for each financial year stating:

Contribution in excess of 25000 rupeesreceived by the party from anyperson/companies in the financial year

Report shall be submitted for furnishing areturn of its income under Sec 139 of theIncome tax Act, 1961 to the ElectionCommission failing which the party shall

not be entitled to any tax relief

Sec 29C:Declarationof donationreceived bythe political

parties


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Total Registered parties in India -

1027, out of them 980 are not yet

recognized. A few aspirants started

parties with some innovative nameslike " Bharthiya Prajatantrik Shudh

Gandhiavadhi Krishik Dal"


Did you know?

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PART V: Conduct of Elections

Chapter I: Nominationof Candidates

(Sec 30-39A)

Chapter II: Candidates& Their Agents

(Sec 40-51)

Chapter III: GeneralProcedure at Elections

(Sec 52-55A)

Chapter IV: The Poll

(Sec 56-63)

Chapter V: Counting ofVotes

(Sec 64-67A)

Chapter VI: MultipleElections

(Sec 68-70)

Chapter VII:Publication of ElectionResults & Nominations

(Sec 71-74)

Chapter VIIA:Declaration of Assets

& Liabilities

(Sec 75A)

Chapter VIII: ElectionExpenses

(Sec 76-78)

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PART V: Conduct of Elections- Chapter I: Nomination of Candidates

By notification in the Official gazette appointthe last date of making nominations, scrutinyof nominations, withdrawal of candidatures,date on which the poll shall be taken, datebefore which the election shall be completed

Sec 30: Appointment ofdates for nominations

Give notice inviting nominations of candidatesspecifying the place at which the nominationpapers are to be delivered

Sec 31: Public notice ofelection

Qualified to be chosen to fill that seat underprovisions of Constitution ,Representation ofPeople Act ,1951/provisions of theGovernment of Union Territories Act, 1963

Sec 32: Nomination ofcandidates for election

R t ti f th P l A t 1951


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Deliver to the Returning officer a nominationpaper in the prescribed form by a candidate orproposer between 11a.m.and 3p.m. on

notified days

Sec 33: Presentation ofNomination Paper &

requirements for a valid

nomination

Furnish Information regarding beingaccused/convicted of any offence

Candidate/proposer to submit an affidavitverifying the information to the RO ,wherein heshall display it at his office

Sec 33A: Right toInformation

R i f h P l A 1951


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Candidate is not be liable to disclose anyinformation in respect of his election which isnot required to be disclosed under thisAct/rules

Sec 33B: Candidate tofurnish information only

under the Act & therules


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Candidate shall deposit a sum of 10,000rupees or where the candidate is a memberof Scheduled tribe/caste ,a sum of 5000

rupees incase of an Election from anAssembly/Council constituency

Sum shall be deemed to have been depositedonly when at the time of delivery of thenomination paper the candidate hasdeposited the sum in cash to RO, or has a

receipt showing deposit in Governmenttreasury

Sec 34: Deposits



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On receiving nomination paper ,RO shallinform of the date ,time & place fixed for thescrutiny of nominations and shall enter the

serial number on the paper

Sec 35: Notice ofnominations and time

and place for scrutiny

RO shall examine & decide all objections made

to any nomination and then after summaryinquiry reject any nomination and henceprepare a list of validly nominated candidates

Sec 36: Scrutiny ofnominations



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Notice in writing to RO delivered before 3p.m.on the day fixed under clause(c) Sec 30

Sec 37: Withdrawal ofcandidature

After the expiry of the period of withdrawal ofcandidature, RO shall publish a list ofcontesting candidates

Sec 38: Publication oflist of contesting

candidates



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Representation of the People s Act 1951



After election notification ,ECI bynotification will appoint :

7thday after Election Notification as lastdate for filing nominations

Day immediately after last day ofnominations as date for scrutiny

2ndday after scrutiny as last date forwithdrawal of candidature

date/s for poll which shall not be earlier

than 7thday after the last date forwithdrawal

Deadline for completion of election

Sec 39: Nomination ofcandidates at other

elections



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On the basis of past performance of a

recognized political party ,during elections ,ECto allocate equitable sharing of time on thecable television network & other electronicmedia, binding on all political parties

EC can make the code of conduct for cableoperators & electronic media

Sec 39A: Allocation ofequitable sharing of

time



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PART V: Conduct of Elections- Chapter II: Candidates & their agents

Candidate appoints one person other thanhimself as Election agents making notice of suchappointment to the RO

Sec 40: Election agents

Disqualified under the Constitution for being a

member of Parliament/Legislature/voting atelections

Sec 41: Disqualification

for being an electionagent

Shall be signed by the candidate & shalloperate from the date on which it is lodged with

the RO

If event occurs before the lodging of candidate'selection expenses ,another person can beappointed by the candidate in the prescribedmanner

Sec 42: Revocation of theappointment, or death of an

election agent

R t ti f th P l A t 1951


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Repealed by the Representation of thePeople (IInd Amendment)Act ,1956( 27 of1956

Sec 43: Effect ofDefault in

appointment ofelection agent u/s 42

Repealed by the Representation of thePeople (IInd Amendment)Act ,1956( 27 of1956

Sec 44: Duty of theelection agent to keep

accounts

As authorized by this ActSec 45: Functions of

election agents



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By the candidate/ his election agent asprescribed under Sec 25 /under sub-section (1) Section 29 for the poll

Sec 46: Appointmentof Polling Agent

By the candidate/his Election agent in theprescribed manner by giving notice of

appointment to the RO

Sec 47: Appointmentof Counting Agent

Signed by the candidate /Election agentoperating from the date on which it islodged with prescribed officer

In case of death or revocation,

candidate/election agent may appoint inthe prescribed manner anotherpolling/counting agent before poll isclosed/before counting of votes iscommenced

Sec 48: Revocation ofthe appointment or

death, of a pollingagent or counting

agent



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In connection with the poll/counting ofvotes as authorized under this Act

Sec 49: Functions ofPolling agents and

counting agents

Each contesting candidate/election agentshall have a right to be present & mayhimself do any act which any polling/counting agent is authorized to do at apoll

Sec 50: Attendance of a

contesting candidate/election agent atpolling stations &

performance by him offunctions of polling/

counting agent

Non attendance at the time & placeappointed for the purpose shall not ,if theact is otherwise duly done ,invalidate theact or thing done

Sec 51: Non-attendanceof polling or counting

agents




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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 ofthe poll & report the fact to the EC

Party will be called upon to nominateanother candidate for the said poll withinseven days of issue of such notice & RO shall

again furnish a list of contesting candidates

Sec 52: Death of acandidate of a

recognized politicalparty before poll



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If the number of contesting candidates ismore than the number of seats to be filled apoll shall be taken, when equal to the numberof seats/is less than the number of seats to befilled RO shall declare all such candidates to

be duly elected

Sec 53: Procedure incontested anduncontested

elections

(Repealed by the Representation of the

People (Amendment) Act, 1961, w.e.f. 20-9-1961)

Sec 54: Specialprocedure at elections

in constituencies whereseats are reserved for

Scheduled Caste orScheduled Tribes



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Member of Scheduled caste /tribe shall notbe disqualified to hold seat not reserved formembers of those castes/tribes if he is

otherwise qualified to hold such seats

Sec 55: Eligibility ofmembers of SC/ST to

hold seats not reservedfor those castes or

tribes

[Repealed by the Representation of thePeople (Amendment) Act, 1958, (58 of 1958)]

Sec 55A: Retirementfrom contest at

elections inParliamentary and

Assemblyconstituencies




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PART V: Conduct of Elections- Chapter IV: The Poll

EC to fix the hours during which poll will betaken (total period allotted on any one dayfor polling shall not be less than 8 hours)

Sec 56: Fixing Time forPoll

When poll is interrupted by riot, naturalcalamity or any other cause ,PO/RO shalladjourn the poll

Sec 57: Adjournment ofPoll in emergencies

Tampering of any ballot box used at thepolling station resulting in non ascertainmentof result of the poll

EC will declare that poll to be void

Sec 58 : Fresh Poll incase of destruction etc.

of ballot boxes



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On booth capturing RO will report the matterto the EC wherein the poll is declaredvoid/election in the constituency iscountermanded

Sec 58A: Adjournmentof Poll or

countermanding ofelection on ground of

booth capturing

Votes shall be given by a ballot in such amanner as prescribed

Sec 59: Manner ofVoting at elections

Any of the persons referred to in clause

(a)/clause(b) of sub section (8) of Sec 20 ofthe Representation of the People Act ,1950to give his vote either in person or by postalballot or by proxy ,and not in any othermanner at an Election

Sec 60: Specialprocedure for voting by

certain classes ofpersons




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Provisions may be made by rules underthis Act for the marking with indelible ink,for the production of identity card by the

elector

Sec 61 : SpecialProcedure for

preventingpersonation of

electors

Procedure of giving of votes by votingmachines will be prescribed by theElection Commission ,having regard tothe circumstances of each case

Sec 61A: VotingMachines at elections



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Every person who is for the time beingentered in the electoral roll of theconstituency shall be entitled to vote in thatconstituency

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 thePeople (Amendment) Act, 1961, (40 of1961) w.e.f. 20-9-1961)

Sec 63: Method ofVoting




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PART V: Conduct of Elections- Chapter V: Counting of Votes

To be counted by/under supervision &direction of the RO & each contestingcandidate /election agent /counting agentsshall have a right to be present

Sec 64: Counting ofVotes

RO to report the matter to the EC ,whereinEC shall direct the counting of votes to bestopped ,declare the poll to be void or takenecessary action and conduct a fresh poll

Sec 64A: Destruction,loss etc. of ballot

papers at the time ofcounting

If equality of votes exists after counting thevotes, the addition of one vote shall entitleany of the candidates to be declared electedwhich shall be decided by lot by RO

Sec 65: Equality ofVotes




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PART V: Conduct of Elections- Chapter V: Counting of Votes

In the absence of any direction by EC, RO todeclare the result of election in mannerprovided by this Act/Rules

Sec 66: Declaration ofResults

RO to report result of election to EC &Appropriate authority as prescribed

Sec 67: Report of theResult

Date on which candidate is declared by theRO to be elected shall be the date of electionof that candidate

Sec 67A: Date ofelection of candidate

ep ese tat o o t e eop e s ct 95



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PART V: Conduct of Elections- Chapter VI: Multiple Elections

By notice is writing within ten days fromthe date candidate is chosen ,signed byhim & delivered to the EC ,intimatingwhich house he wishes to serve,thereupon his seat in the House not

chosen becomes vacant

Sec 68: Vacation ofseats when elected to

both houses ofParliament

Person already a member of either house

who has taken his seat if chosen for otherhouse ,his seat in the taken housebecomes vacant on the date he is chosen

Sec 69: Vacation ofseats by persons

already members ofone House on

election to otherHouse of Parliament

p p



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PART V: Conduct of Elections- Chapter VI: Multiple Elections

Unless within the prescribed time he

resigns all but one of the seats by writing tothe Speaker/chairman/authority, all theseats shall become vacant

Sec 70: Election tomore than one seat in

either House of

Parliament or in theHouse or either

House of theLegislature of a State

p p



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p p

Learnin Module for RO/ARO 54

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 theCouncil of States and of the names ofpersons nominated by President

Sec 71

Publication of Results of Elections for

Reconstitution of electoral colleges forcertain UT [Repealed by the TerritorialCouncils Act, 1956 (103 of 1956)]

Sec 72

Results will be notified in the Official Gazetteby the EC along with the names of themembers elected for the constituency ,henceshall be deemed constituted

Sec 73: Publication ofresults of general

elections to the Houseof People and StateLegislative Assemblies

and of names ofpersons nominated

thereto



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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 issuedwithout taking into account Parliamentaryconstituencies of J&K and take separatesteps for them

Sec 73A: Specialprovisions as to certain

elections

Publication of results of elections to theState Legislative councils and of names ofpersons, nominated to such councils

Sec 74

Within 90 days from the date of makingoath ,Elected candidate must furnishinformation regarding his assets & liabilities

Sec 75A: Declaration ofAssets and Liabilities

p p



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PART V: Conduct of Elections- Chapter VIII: Election Expenses

Application of Chapter- Only to elections toHouse of People and Legislative Assembly ofa State

Sec 76

Candidate/Election agent shall keep anseparate, correct account of electionexpenditure incurred/authorized betweendate of nomination & declaration of results.

Sec 77: Account ofElection Expenses and

maximum thereof

Within 30 days from the date of election,contesting candidate should lodge with DEOtrue copy of election expenses kept byhim/election agent

Sec 78 : Lodging ofaccount with District

Election Officer

p p

Did k ?


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Panduranga Rao is India's first and only electedcandidate 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 conducteda 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 histenure. Guinness World Records, is examining to

enter his name. Hats off ,for upholding the spirit of

democracy.

(Source: http://bizgyan.blogspot.in/2009/04/indian-elections-trivia.html)Learning Module for RO/ARO57

Did you know?

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PART VA: Free Supply of Certain Materials to Candidates of Recognized

Political Parties

Subject to conditions laid by CentralGovernment & EC with respect to thereduction of maximum expenditureincurred by the candidate

Govt shall supply through Officers freecopies of Electoral rolls

Sec 78A: Free Supplyof Copies of Electoral

Rolls

EC shall between the date of publication

of notification & date on which poll istaken supply certain items to candidatesin consultation with the Central Govt andits laid conditions

Sec 78B: Supply ofcertain items tocandidates, etc.



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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



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PART VI: Disputes Regarding Elections: Chapter II- Presentation of

Election Petitions to High Court

No election shall be called in question exceptby an Election petition in accordance withthe provisions laid

Sec 80: ElectionPetitions

Jurisdiction lies with the High CourtSingleJudge & Chief justice & their assigned judge/s

Sec 80A: High Court totry election petitions

By candidate/elector within 45 days of dateof election on grounds specified by sub sec(1)of Sec 100& Section 101 of this Act

Sec 81: Presentation ofPetitions



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PART VI: Disputes Regarding Elections: Chapter II- Presentation of

Election Petitions to High Court

Petitioner to join as a respondent to hispetition when he claims that he /othercandidate has been duly elected

Sec 82: Parties of thePetitions

Contain verified concise statement ofmaterial facts relied on by the petitioner,corrupt practices alleged ,& his signature

Sec 83: Contents ofPetition

Claim a further Declaration that he/other

candidate has been duly elected

Sec 84: Relief that maybe claimed by the

Petitioner

Procedure on receiving petition [Repealedby Representation of the People(Amendment) Act, 1966 (47 of 1966)]

Sec 85:



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PART VI: Disputes Regarding Elections: Chapter IIITrial of Election Petitions

Petitions not complying with provisions of Sec81/82/112 of this Act shall be dismissed

Trial shall be deemed to commence on thedate fixed for the respondents to appearbefore the High Court

Sec 86: Trial of ElectionPetitions

Petition shall be tried in accordance with theprocedure applicable under Code of CivilProcedure,1908 (5 of 1908 to the trial of thesuits & Indian Evidence Act ,1872

Sec 87: Procedurebefore the High Court

Place of Trial Attendance of Law Officers Procedure & Appearance before the Tribunal Powers of tribunal

Sec 88-92 (repealed byAct 47 of 1966)

Learning Module for RO/ARO



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No document shall be inadmissible inevidence at the trial of Election petition onground that it is not duly stamped/registered

Sec 93: DocumentaryEvidence

No witness /other person shall be required tostate for whom he has voted

Sec 94: Secrecy of

Voting not to beInfringed

No witness shall be excused from answeringany question relevant to a trial of election

petition

Sec 95: Answeringcriminating questions &

certificate of indemnity

Reasonable expenses incurred in attending togive evidence to be deemed to be part of thecosts

Sec 96: Expenses ofWitnesses




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When Declaration claiming election ofany other candidate is made ,thereturned candidate /other party maygive evidence to prove that the electionwould have been void if he had been

the returned candidate

Sec 97: Recriminationwhen seat claimed

At the conclusion of the trial, HighCourt shall make an order for dismissing

the election petition/declaring theelection any/all of the returnedcandidates to be void /other candidateto have been duly elected

Sec 98: Decision of theHigh Court




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With regard to charge of any corruptpractice ,fixing the total amount of costspayable & persons by &whom costs shall bepaid

Sec 99: Other Orders tobe made by High Court

Various grounds for declaring election of thereturned candidate to be void

Sec 100: Grounds fordeclaring election to be

void

High Court is of the opinion that thepetitioner /other candidate received amajority of the valid votes/votes areobtained by corrupt practice

Sec 101: Grounds for

which candidate otherthan returned

candidate may bedeclared to have been

elected




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Decision would be taken by RO underprovisions of this Act/High Court shalldecide by Lot

Sec 102: Procedure incase of equality of

votes

High Court shall intimate the substance ofthe decision to the Election Commission &Speaker of House of Parliament

Sec 103:Communication of

orders of HC

EC shall forward copies of the order madeby the High Court to the appropriateauthority/speaker /chairman of house ofParliament

Sec 106: Transmissionof Order toappropriate authority,

etc. and itspublications




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Effect of orders shall take place as it ispronounced by the High Court

Sec 107: Effect oforders of the HC




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PART VI: Disputes Regarding Elections: Chapter IVWithdrawal and

Abatement of Election Petitions

[Repealed by the Representation of thePeople (Amendment)Act, 1966 (47 of1966)

Sec 108: Withdrawalof petitions before

appointment ofTribunal (repealed by

47 0f 1966)

Only by leave of the High Court onmaking an application for withdrawal

Sec 109: Withdrawalof Election Petitions

Refer to the procedure under the Section110

Sec 110 : Procedurefor withdrawal ofelection petitions



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PART VI: Disputes Regarding Elections: Chapter IVWithdrawal and

Abatement of Election Petitions

High Court shall report the fact to the EC,&EC shall publish the report in the OfficialGazette

Sec 111: Report ofwithdrawal by the HC to

the ECI

Shall abate only on the death of a solepetitioner/survivor of several petitioners

Sec 112: Abatement ofElection Petitions

High court shall place notice of norespondent to oppose the petition in theOfficial Gazette & thereby receiveapplications from petitioners to get asubstitute

Sec 116: Abatement orsubstitution on death

of respondent



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PART VI: Disputes Regarding Elections: Chapter IVA- Appeals

Appeal can be made to the Supreme Courtwithin 30 days of order(under Sec 98/99)of High Court

Sec 116A: Appeals toSupreme Court

Before the expiration of the time allowedfor appeal can be made to the HighCourt/Supreme Court for the stay ofoperation of an order

Sec 116B: Stay ofOperation of Order of

High Court

Supreme Court hears the appeal inaccordance with the laid laws and rules

Sec 116C: Procedure ofAppeal



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PART VI: Disputes Regarding Elections: Chapter V- Costs and security for

costs

According to the rules of the High Courtpetitioner shall deposit 2000 rupees assecurity for the costs of the petition

Sec 117: Security forCosts

No person shall be entitled to join unlessgiven security of costs

Sec 118: Security forCosts from

Respondent

Discretion of the High Court to takeorders

Sec 119: Costs



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PART VI: Disputes Regarding Elections: Chapter V- Costs and security for

costs

By the person in whose favor these costsare awarded

Security deposits shall be returned on the

death of the depositor

Sec 121: Payment ofCosts of Security

Deposits and return

of such deposits

Before the principal court of originaljurisdiction within the local limits of theresidence of the person

Sec 122: Execution oforders as to costs

Did you know?


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In five Indian states and one unionterritory, women voters outnumbermen:

Andhra Pradesh

Kerala

Manipur

Meghalaya

Mizoram

Puducherry


Did you know?



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PART VII: Corrupt Practices and Electoral Offences: Chapter I- Corrupt

Practices

Corrupt Practices

Definitions of bribery, undue influence,

inciting religious sentiments, boothcapturing, etc.

Sec 123



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PART VII: Corrupt Practices and Electoral Offences: Chapter II- Electoral Offences

Promoting enmity on grounds of religion,race, caste, community ,language, feelings ispunishable

Imprisonment upto 3 years /fine/both

Sec 125: PromotingEnmity between classes

in connection withelection

Imprisonment upto 6 moths/fine/bothSec 125A: Penalty for

filing false affidavit, etc.

Imprisonment upto 2 years/fine/both

Sec 126: Prohibition ofpublic meetings during

period of 48 hours endingwith hour fixed forconclusion of poll



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For the date & time specified by the EC by ageneral order

Imprisonment upto 2 years /fine/both

Sec 126A: Restrictionon publication and

dissemination of resultof exit polls, etc.

Offence under sub section (2) Section 126A

Every person responsible for the conduct ofbusiness of the company shall be deemedguilty unless proven

Sec 126B: Offences bycompanies



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Public meeting of a political character If Police Officer suspects any person ,he can be

arrested without warrant

Imprisonment upto 6 months /fine upto 2000rupees

Sec 127:Disturbances at

election meetings

Election pamphlet/poster which does not bearthe name & addresses of the printer /publishershall not be printed

Declaration as to the identity of the publisher isto 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/DistrictMagistrate as per location

Imprisonment upto 6 months /fine up to Rs.2000/ both

Sec 127A:Restrictions on the

printing ofpamphlets, posters,

etc.



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Officer/clerk/agent/person performing dutyin connection to Election shall notcommunicate to any person any informationcalculated to violate such secrecy

Sec 128: Maintenanceof secrecy of voting

No act for the furtherance of the prospects ofthe election of a candidate should be done

Imprisonment upto 6 months /fine/both

Sec 129: Officers, etc. atelections not to act for

candidates or toinfluence voting

No canvassing on the date/dates on whichthe poll is taken

Fine upto 250 rupees

Sec 130: Prohibition ofcanvassing in or near

polling stations



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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 takenecessary actions

Sec 131: Penalty fordisorderly conduct in or

near polling stations

Imprisonment upto 3 months /fine /both

Sec 132: Penalty for

misconduct at the pollingstation

Elector refusing to observe procedure forvoting the ballot paper shall be liable for

cancellation

Sec 132A: Penalty forfailure to observe

procedure for voting

Imprisonment upto 3 months & fine

Sec 133: Penalty for illegalhiring or procuring of

conveyance at theelections



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Offences

Fine upto 500 Rupees Applicable to DEO, RO, ARO, PrO ,Polling

Officers & any other person appointed toperform duty in connection with receipt ofnomination of withdrawal of candidatures

/recording/counting of votes

Sec 134: Breaches of officialduty in connection with

elections

Imprisonment upto 3 months/fine/both

Sec 134A: Penalty forgovernment servants foracting as election agent,polling agent or counting

agent

Except RO, Presiding Officer/Police Officer/person appointed to maintain peace & orderat the polling station

Imprisonment upto 2 years/fine /both

Sec 134B: Prohibition ofgoing armed to or near a

polling station



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Unauthorizedly takes ballot paper outsidethe polling station

Imprisonment upto 1 year/fine upto 500rupees/both

Sec 135: Removal ofballot papers from

polling station to be anoffence

Imprisonment upto 3 years & fine ,ifcommitted by a person in service ofGovernment term is upto 5 years & fine

Booth capturing: seizure/taking possessionof polling station/place of counting of votes/threatening any elector

Sec 135A: Offence ofbooth capturing

Every person entitled to vote at an electionto be granted a day of poll withoutdeduction of wages

Sec 135B: Grant of paidholiday to employees

on the day of poll


Offences



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Within a polling area during 48 hoursending with the conclusion of the poll

Sec 135C: Liquor notto be sold, given or

distributed on pollingday

Guilty of electoral offence :tampering withballot box or ballot paper /nomination

paper fraudulently Imprisonment upto 6 months or 2 years

/fine /both

Sec 136: Otheroffences and penaltiesthereof [Sub sections

to (1)-(4)]


Offences



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PART VIII: Disqualifications: Chapter IVPowers of Election Commission

in connection with Inquires as to Disqualification of Members

For purposes of inquiry ,EC has the powers ofa Civil Court while trying a suit under the Codeof Civil Procedure, 1908

Sec 146: Powers ofElection Commission

No statement made by a person in the courseof giving evidence be used against him in anycivil/criminal proceeding except a prosecutionfor giving false evidence

Sec 146A: Statementsmade by Person to theElection Commission

EC has the power to regulate its own

procedure

Sec 146B: Procedure to

be followed by theElection Commission

No suit/prosecution for action taken in goodfaith

Section 146C: Protectionof action taken in good

faith

(Chapters I-III repealed by 47 of 1966)

Did you know?


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20,140 litres of violet ink are used in

Parliamentary General Elections to putink from top of the nail to the bottom ofvoters.

Voters' ink/ Indelible Ink was developed

by the Delhi-based National PhysicalLaboratory, the ink's manufacturing hasbeen licensed to Mysore Paints, a 72-year-old company owned by theKarnataka government.

Only one man in the company knows theformula for making the ink - its qualitycontrol manager. And he does it behind asecure, locked door and alone.

Learning Module for RO/ARO84

y



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PART IX: Bye Election

Casual Vacancies in the Council of StatesSec 147

Casual Vacancies in the electoral colleges forcertain UT [Repealed by the TerritorialCouncils Act, 1956 (103 of 1956)]

Sec 148

Notification in the Official Gazette to callupon the Parliamentary constituencyconcerned to elect a person

Sec 149: CasualVacancies in the House

of the People



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PART IX: Bye Election

Notification in the Official Gazette ,EC shall callupon the Assembly constituency to elect aperson

Sec 150: CasualVacancies in the StateLegislative Assemblies

Casual Vacancies in the State LegislativeCouncils

Sec 151

Time limit for filling vacancies referred to insections 147, 149, 150 and 151

Sec 151A



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87

PART X: Miscellaneous

RO should maintain a list of electedmembers of that Legislative Assembly

Copies of such shall be made available forSale

Sec 152: List ofMembers of the StateLegislative Assembliesand electoral collegesto be maintained by

returning officersconcerned

Amendments should be made in theNotification issued by the EC

Sec 153: Extension oftime for completion of

election




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88


Term of Office of members of the Councilof States

Sec 154:

Commencement of the term of office ofmembers of the Council of States

Sec 155

Term of Office of members of the State

legislative CouncilsSec 156

Commencement of the term of office ofmembers of the State Legislative Councils

Sec 157




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89


To be done as soon as the results of theelection are declared, in case of death as soonas the publication of list

Sec 158: Return orforfeiture of candidates

deposit

On request of Regional Commissioner /CEO ofthe state for RO

Authorities: Local Authority ,University underCentral, Provincial Act, Govt. Company

Sec 159: Staff of certainauthorities to be madeavailable for election

work

By State Government order in writing forrequisition to be used until the completion ofthe poll

Sec 160: Requisitioningof premises, vehicles,

etc. for electionpurposes




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90


Compensation amount for Requisition ofpremises/vehicle etc to the person(owner)

Sec 161: Payment ofcompensation

From owner of the property ,informationrelated to the possessed property

Sec 162: Power toobtain information

Person Authorized by the State Government

Sec 163: Power ofentry into and

inspection of premisesetc.




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91


Any person remaining in possession of any

requisitioned premises in contravention ofany order made by the Govt. through anOfficer

Sec 164: Eviction fromrequisitioned premises

By delivering the possession to the ownerSec 165: Release of

premises from requisition

Notification in the Official Gazette direct theexercise of powers of the State Government

by the specified officers

Sec 166: Delegation offunctions of the StateGovt. with regard to

requisitioning

Imprisonment upto 1 year /fine /both

Sec 167: Penalty forcontravention of any

order regardingrequisitioning




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92

PART XI: General

Central Govt. after consulting with theElection Commission by notification in theOfficial Gazette make rules for carrying outthe purposes of this Act

Sec 169

No civil court shall have jurisdiction toquestion the legality of any action by theRO /person appointed under this Act inconnection with election

Sec 170: Jurisdictionof civil courts barred



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Thanks !

Representation of Peoples Act 1950

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