Representation of the People Act, 1951
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
Chapter I: Corrupt Practices
- 1 Short title 1 judgment
- 2 Interpretation 1 judgment
- 3 Qualification for membership of the Council of States 3 judgments
- 4 Qualifications for membership of the House of the People 2 judgments
- 30 Appointment of dates for nominations, etc 7 judgments
- 31 Public notice of election
- 32 Nomination of candidates for election
- 33 Presentation of nomination paper and requirement for a valid nomination 15 judgments
- 33A Right to information 4 judgments
- 33B Candidate to furnish information only under the Act and the rules 2 judgments
- 34 Deposits
- 35 Notice of nominations and the time and place for their scrutiny
- 36 Scrutiny of nominations 21 judgments
- 37 Withdrawal of candidature 1 judgment
- 38 Publication of list of contesting candidates 1 judgment
- 39 Nomination of candidates at other elections
- 39A Allocation of equitable sharing of time
- 79 Definitions 2 judgments
- 123 Corrupt practices 53 judgments
Chapter II: Presentation of Election Petitions to High Court
- 5 Qualifications for membership of a Legislative Assembly 5 judgments
- 5A Qualifications for membership of Legislative Assembly of Sikkim 3 judgments
- 6 Qualifications for membership of a Legislative Council 4 judgments
- 40 Election agents 1 judgment
- 41 Disqualification for being an election agent
- 42 Revocation of the appointment, or death, of an election agent
- 43 [Omitted.]
- 44 [Omitted.]
- 45 Functions of election agents
- 46 Appointment of polling agents
- 47 Appointment of counting agents
- 48 Revocation of the appointment, or death of a polling agent or counting agent
- 49 Functions of polling agents and counting agents
- 50 Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
- 51 Non-attendance of polling or counting agents
- 80 Election petitions 9 judgments
- 80A High Court to try election petitions 8 judgments
- 81 Presentation of petitions 37 judgments
- 82 Parties to the petition 10 judgments
- 83 Contents of petition 37 judgments
- 84 Relief that may be claimed by the petitioner 1 judgment
- 85 [Omitted.] 2 judgments
Chapter III: Electoral Offences
- 7 Definitions 4 judgments
- 8 Disqualification on conviction for certain offences 24 judgments
- 8A Disqualification on ground of corrupt practices 1 judgment
- 9 Disqualification for dismissal for corruption or disloyalty
- 9A Disqualification for Government contracts, etc 10 judgments
- 10 Disqualification for office under Government company 3 judgments
- 10A Disqualification for failure to lodge account of election expenses
- 11 Removal or reduction of period of disqualification 2 judgments
- 12 Notification for biennial election to the Council of States
- 12A Notification for election to fill the seat allotted to the State of Sikkim in the Council of States
- 13 [Omitted.]
- 14 Notification for general election to the House of the People 5 judgments
- 14A Notification for electing the representative of the State of Sikkim to the existing House of the people
- 15 Notification for general election to a State Legislative Assembly 4 judgments
- 15A Notification for certain elections to Legislative Councils
- 16 Notification for biennial election to a State Legislative Council 2 judgments
- 52 Death of candidate of recognised Political Party before Poll 1 judgment
- 53 Procedure in contested and uncontested elections 1 judgment
- 54 [Omitted.] 1 judgment
- 55 Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes
- 55A [Omitted.]
- 86 Trial of election petitions 19 judgments
- 87 Procedure before the High Court 4 judgments
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed 4 judgments
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed 5 judgments
- 98 Decision of the High Court 2 judgments
- 99 Other orders to be made by the High Court 3 judgments
- 100 Grounds for declaring election to be void 21 judgments
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected 2 judgments
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.] 4 judgments
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court
- 125 Promoting enmity between classes in connection with election
- 126 Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll
- 126A Restriction on publication and dissemination of result of exit polls, etc
- 126B Offences by companies
- 127 Disturbances at election meetings 2 judgments
- 127A Restrictions on the printing of pamphlets, posters, etc
- 128 Maintenance of Secrecy of voting 2 judgments
- 129 Officers, etc., at elections not to act for candidates or to influence voting
- 130 Prohibition of canvassing in or near polling stations
- 131 Penalty for disorderly conduct in or near polling stations
- 132 Penalty for misconduct at the polling station
- 132A Penalty for failure to observe procedure for voting
- 133 Penalty for illegal hiring or procuring of conveyance at elections
- 134 Breaches of official duty in connection with elections
- 134A Penalty for Government servants for acting as election agent, polling agent or counting agent
- 134B Prohibition of going armed to or near a polling station
- 135 Removal of ballot papers from polling station to be an offence
- 135A Offence of booth capturing 1 judgment
- 135B Grant of paid holiday to employees on the day of poll
- 135C Liquor not to be sold, given or distributed on polling day
- 136 Other offences and penalties therefor
- 137 Omitted
- 138 Repealed
Chapter IV: Powers of Election Commission in Connection With Inquiries
- 11A Disqualification arising out of conviction and corrupt practices 1 judgment
- 11B Removal of disqualifications
- 19 Definition
- 19A Delegation of functions of Election Commission
- 20 General duties of chief electoral officers
- 20A General duties of district election officer
- 20B Observers
- 21 Returning officers 2 judgments
- 22 Assistant returning officers
- 23 Returning officer to include assistant returning officers performing the functions of the returning officer
- 24 General duty of the returning officer
- 25 Provision of polling stations for constituencies 1 judgment
- 26 Appointment of presiding officers for polling stations 1 judgment
- 27 General duty of the presiding officer
- 28 Duties of a polling officer
- 28A Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission
- 29 Special provisions in the case of certain elections
- 56 Fixing time for poll 2 judgments
- 57 Adjournment of poll in emergencies
- 58 Fresh poll in the case of destruction, etc., of ballot boxes
- 58A Adjournment of poll or countermanding of election on the ground of booth capturing
- 59 Manner of voting at elections 2 judgments
- 60 Special procedure for voting by certain classes of persons
- 61 Special procedure for preventing personation of electors
- 61A Voting machines at elections 1 judgment
- 62 Right to vote 6 judgments
- 63 [Omitted.]
- 108 [Omitted.]
- 109 Withdrawal of election petitions
- 110 Procedure for withdrawal of election petitions 1 judgment
- 111 Report of withdrawal by the High Court to the Election Commission
- 112 Abatement of election petitions 1 judgment
- 116 Abatement or substitution on death of respondent 1 judgment
- 146 Powers of Election Commission
- 146A Statements made by persons to the Election Commission
- 146B Procedure to be followed by the Election Commission
- 146C Protection of action taken in good faith
Chapter IVA: Appeals
- 29A Registration with the Election Commission of associations and bodies as political parties 15 judgments
- 29B Political parties entitled to accept contribution 1 judgment
- 29C Declaration of donation received by the political parties 3 judgments
- 116A Appeals to Supreme Court 54 judgments
- 116B Stay of operation of order of High Court 3 judgments
- 116C Procedure in appeal 3 judgments
Chapter V: Costs and Security for Costs
- 64 Counting of votes
- 64A Destruction, loss, etc., of ballot papers at the time of counting 1 judgment
- 65 Equality of votes
- 66 Declaration of results 1 judgment
- 67 Report of the result 1 judgment
- 67A Date of election of candidate 1 judgment
- 117 Security for costs 5 judgments
- 118 Security for costs from a respondent
- 119 Costs
- 121 Payment of costs out of security deposits and return of such deposits
- 122 Execution of orders as to costs
Chapter VI: Multiple Elections
Chapter VII: Publication of Election Results and Nominations
- 71 Publication of results of elections to the Council of States and of names of persons nominated by the President
- 72 [Omitted.]
- 73 Publication of results of general elections to the House of the People and the State Legislative Assemblies and of names of persons nominated thereto 5 judgments
- 73A Special provisions as to certain elections
- 74 Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils
Chapter VIIA: Declaration of Assets and Liabilities
- 75A Declaration of assets and liabilities 1 judgment
Chapter VIII: Election Expenses
Chapter VA: Free Supply of Certain Material to Candidates of Recognised Political Parties
Chapter IX: Bye-Elections
- 147 Casual vacancies in the Council of States
- 148 Omitted 1 judgment
- 149 Casual vacancies in the House of the People 1 judgment
- 150 Casual vacancies in the State Legislative Assemblies 2 judgments
- 151 Casual vacancies in the State Legislative Councils 1 judgment
- 151A Time limit for filling vacancies referred to in sections 147, 149, 150 and 151 3 judgments
Chapter X: Miscellaneous
- 152 List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned 1 judgment
- 153 Extension of time for completion of election 1 judgment
- 154 Term of office of members of the Council of States
- 155 Commencement of the term of office of members of the Council of States
- 156 Term of office of members of State Legislative Councils
- 157 Commencement of the term of office of members of the Legislative Councils
- 158 Return or forfeiture of candidate’s deposit
- 159 Staff or certain authorities to be made available for election work
- 160 Requisitioning of premises, vehicles, etc., for election purposes
- 161 Payment of compensation
- 162 Power to obtain information
- 163 Powers of entry into and inspection of premises, etc
- 164 Eviction from requisitioned premises
- 165 Release of premises from requisition
- 166 Delegation of functions of the State Government with regard to requisitioning
- 167 Penalty for contravention of any order regarding requisitioning
- 168 Omitted 1 judgment
Chapter XI: General
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.