Representation of the People Act, 1951 · Chapter IV: The Poll
Section 62: Right to vote
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
[Provided further that by reason of the prohibition to vote under this sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector.]
[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 62
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Mohd. Tahir Hussain v. State of NCT of Delhi
Whether a purpose based interim bail can be granted to contest the election or for canvassing as the petitioner himself is one of the candidates.
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Arvind Kejriwal v. Directorate of Enforcement
Whether the Appellant is entitled to grant of interim bail/release during the pendency of the Appeal challenging his arrest by the Directorate of Enforcement, on account of an intervening factor i.e. 18th Lok Sabha…
- Supreme Court Advocates-On-Record Association and Another v. Union of India
- Laxmi Kant Bajpai v. Hazi Yaqoob & Ors.
- Virender Nath Gautam v. Satpal Singh and Ors.
- Anukul Chandra Pradhan v. Union of India and Ors.