Search Results on rules for query: "The Conduct Of Election Rules,1961"
Related Section(s)1[39A. Allocation of equitable sharing of time.(1) Notwithstanding anything contained in any
other law for the time being in force, the Election Commission shall, on the basis of the past performance
of a recognised political party, during elections, allocate equitable sharing of time on the cable television
network and other electronic media in such manner as may be prescribed to display or propagate any
election matter or to address public in connection with an election.
(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election. (3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political parties concerned. (4) The Election Commission may, for the purposes of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct. Explanation--For the purposes of this section, (a) "electronic media" includes radio and any other broadcasting media notified by the Central Government in the Official Gazette; (b) "cable television network" and "cable operator" have the meanings respectively assigned to them under the Cable Television Networks (Regulation) Act, 1995 (7 of 1995).]
1. Ins. by Act 46 of 2003, s. 3 (w.e.f. 11-9-2003).
When the counting of the votes has been completed, the returning
officer 1[shall, in the absence of any direction by the Election Commission to the contrary, forthwith
declare] the result of the election in the manner provided by this Act or the rules made thereunder.
1. Subs. by Act 47 of 1966, s. 35, for "shall forthwith declare" (w.e.f. 14-12-1966).
1[67A. Date of election of candidate.—For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2***, 3***, or section 66, to be elected to a House of Parliament or of the Legislature of a State 4*** shall be the date of election of that candidate.]
1. Ins. by Act 27 of 1956, s. 37 (w.e.f. 28-8-1956).
2. The word and figures "section 54" omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961). 3. The word, figures and letter "section 55A" omitted by Act 58 of 1958, s. 27 (w.e.f. 30-12-1958). 4. Certain words omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957), (1) The returning officer for an
election 1*** to fill a seat or seats in the Council of States or for an election by the members of the
Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the
previous approval of the Election Commission, fix the place at which the poll will be taken for such
election and shall notify the place so fixed in such manner as the Election Commission may direct.
(2) The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election.
1. The brackets and words "(other than a primary election)" omitted by Act 27 of 1956, s. 13 (w.e.f. 28-8-1956).
The returning officer shall,
on receiving the nomination paper 1[under sub-section (1) or, as the case may be, sub-section (1A) of
section 33], inform the person or persons delivering the same of the date, time and place fixed for the
scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a
certificate stating the date on which and the hour at which the nomination paper has been delivered to
him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a
notice of the nomination containing descriptions similar to those contained in the nomination paper, both
of the candidate and of 2[the proposer.]
1. Subs. by s. 2 and the Schedule, ibid., for under sub-section (1) (w.e.f. 9-9-1975).
2. Subs. by Act 27 of 1956, s. 18, for certain words (w.e.f. 28-8-1956).
(1) The returning officer for an election by the elected members of
the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the
members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the
State shall, for the purposes of such election maintain in his office in the prescribed manner and form a
list of elected members or a list of members, as the case may be, of that Legislative Assembly.
(2) The returning officer for an election by the members of the electoral college for a 1[Union territory] 2*** 3*** to fill a seat or seats in the Council of States shall, for the purposes of such election, maintain in his office in the prescribed manner and form a list of members of that electoral college 3***. (3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale.
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C State".
2. The words "or group of such States" omitted by Act 27 of 1956, s. 77 (w.e.f. 28-8-1956).
3. Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951).
(1) On the date fixed for the scrutiny of nominations under
section 30, the candidates, their election agents, one proposer 1*** of each candidate, and one other
person duly authorised in writing by each candidate, but no other person, may attend at such time and
place as the returning officer may appoint; and the returning officer shall give them all reasonable
facilities for examining the nomination papers of all candidates which have been delivered within the time
and in the manner laid down in section 33.
(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 2[reject] any nomination on any of the following grounds: 3[(a) 4that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: Articles 84, 102, 173 and 191, 5***. 6[Part II of this Act and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] 7***; or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine.] (3) Nothing contained in 8[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the 9[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (4) The returning officer shall not reject any nomination paper on the ground of any 10*** defect which is not of a substantial character. (5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case 11[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. (6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. 12(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950). (8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]
1. The words "and one seconder" omitted by s. 19, ibid. (w.e.f. 28-8-1956).
2. Subs. by s. 19, ibid., for "refuse" (w.e.f. 28-8-1956).
3. Subs. by s. 19, ibid., for clauses (a) to (e) (w.e.f. 28-8-1956).
4. Subs. by Act 40 of 1961, s. 9, for "that the candidate" (w.e.f. 20-9-1961).
5. The word "and" omitted by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963).
6. Subs. by s. 57 and the Second Schedule, ibid., for "Part II of this Act" (w.e.f. 13-5-1963).
7. Certain words and figures omitted by the Adaptation of Laws (No. 2) Order, 1956.
8. Subs. by Act 27 of 1956, s. 19, for "clause (c), clause (d) or clause (e)" (w.e.f. 28-8-1956).
9. Subs. by s. 19, ibid., for refusal (w.e.f. 28-8-1956).
10. The word "technical" omitted by Act 27 of 1956, s. 19 (w.e.f. 28-8-1956).
11. Subs. by Act 40 of 1961, s. 9, for "and objection is made" (w.e.f. 20-9-1961).
12. Subs. by Act 27 of 1956, s. 19, for sub-section (7) (w.e.f. 28-8-1956).
(1) Any candidate may withdraw his candidature by a notice in
writing which shall contain such particulars as may be prescribed and shall be subscribed by him and
delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 30 to the
returning officer either by such candidate in person or by his proposer, 1*** or election agent who has
been authorised in this behalf in writing by such candidate.
2**** (2) No person who has given a notice or withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 3[(3) The returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]
1. The word "seconder" omitted by s. 20, ibid. (w.e.f. 28-8-1956).
2. The proviso omitted by s. 20, ibid. (w.e.f. 28-8-1956).
3. Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9-1961).
1[38. Publication of list of contesting candidates.--(1) Immediately after the expiry of the period
within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer
shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates,
that is to say, candidates who were included in the list of validity nominated candidates and who have not
withdrawn their candidature within the said period.
2[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:-- (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates. (3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].]
1. Subs. by Act 27 of 1956, s. 21, for section 38 (w.e.f. 28-8-1956).
2. Subs. by Act 21 of 1966, s. 8, for sub-section (2) (w.e.f. 1-8-1996).
(1) Any revocation of the
appointment of an election agent, 1*** shall be signed by the candidate, and shall operate from the date on
on which it is lodged with the returning officer.
2[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidates election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]
1. The words "whether he be the candidate himself or not" omitted by Act 27 of 1956, s. 24 (w.e.f. 28-8-1956).
2. Subs. by s. 24, ibid., for sub-section (2) (w.e.f. 28-8-1956).
1[40. Election agents.--A candidate at an election may appoint in the prescribed manner any one
person other than himself to be his election agent and when any such appointment is made, notice of the
appointment shall be given in the prescribed manner to the returning officer.]
1. Subs. by Act 27 of 1956, s. 23, for section 40 (w.e.f. 28-8-1956).
(1) Any
revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and
shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event
of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his
election agent may appoint in the prescribed manner another polling agent at any time before the poll is
closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as
may be prescribed.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer. 1[(1) If the number of contesting
candidates is more than the number of seats to be filled, a poll shall be taken.]
(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. (3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3*** as the case may be, to elect a person or persons to fill the remaining seat or seats 4***: Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 3*** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the 2[Election Commission] shall not be bound to call again upon the consituency, or such members to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].
1. Subs. by Act 27 of 1956, s. 30, for sub-section (1) (w.e.f. 28-8-1956).
2. Subs. by s. 30, ibid., for "appropriate authority" (w.e.f. 28-8-1956). 3. The words "or the elected members of the Coorg Legislative Council" omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951). 4. Certain words omitted by Act 27 of 1956, s. 30 (w.e.f. 28-8-1956). 5. Subs. by s. 30, ibid., for "until such date as the Election Commission may specify in this behalf" (w.e.f. 28-8-1956) If, after the counting of the votes is completed, an equality of votes is found
to exist between any candidates, and the addition of one vote will entitle any of those candidates to be
declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed
as if the candidate on whom the lot falls had received an additional vote.
1[83. Contents of petition.—(1) An election petition.—
(a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings: 2[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.] (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition].
1. Subs. by s. 46, ibid., for section 83 (w.e.f. 28-8-1956).
2. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961).
1[158. Return or forfeiture of candidate's deposit.--(1) The deposit made under section 34 or
under that section read with sub-section (2) of section 39 shall either be returned to the person making it
or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of
this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. (3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. (4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected: Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate. (5) Notwithstanding anything in sub-sections (2), (3) and (4), (a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited.] (b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a Council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.]
1. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958).
(1) Whenever in pursuance of section 160 the State Government
requisitions any premises, there shall be paid to the persons interested compensation the amount of which
shall be determined by taking into consideration the following, namely:--
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by that Government for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.--In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 160 the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide. 1[60. Special prodecure for voting by certain classes of persons.--Without prejudice to the
generality of the provisions contained in section 59, provision may be made, by rules made under this
Act, for enabling,
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950) (hereinafter in this section referred to as the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken; (b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely: (i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act; (ii) the 2[spouse] of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such 2[spouse] being ordinarily residing with that person in terms of sub-section (6) of that section; (c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules; (d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.]
1. Subs. by Act 24 of 2003, s. 3, for section 60 (w.e.f. 22-9-2003).
2. Subs. by Act 49 of 2021, s. 6, for “wife” (w.e.f. 1-8-2022). 1[20. General duties of chief electoral officers.--Subject to the superintendence, direction and
control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of
all elections in the State under this Act.]
1. Subs. by Act 27 of 1956, s. 9, for sections 20 and 21 (w.e.f. 28-8-1956).
1[33. Presentation of nomination paper and requirements for a valid nomination.--(1) On or
before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his
proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver
to the returning officer at the place specified in this behalf in the notice issued under section 31 a
nomination paper completed in the prescribed form and signed by the candidate and by an elector of the
constituency as proposer:
2[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election form a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to an elector of the constituency as proposer shall be construed as a reference to ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers.] 3[(1A) Notwithstanding anything contained in sub-section (1), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed: Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders; (b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders; (c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.] (2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State. (3) Where the candidate is a person who, having held any office referred to in 4[section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. (4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: 5[Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.] (5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny. 6[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.] 7[(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,-- (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. Explanation.For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date.]
1. Subs. by Act 27 of 1956, s. 16, for section 33 (w.e.f. 28-8-1956).
2. Subs. by Act 21 of 1996, s. 6, for "the provisos" (w.e.f. 1-8-1996). 3. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975). 4. Subs. by Act 38 of 1978, s. 3 and the Second Schedule, for clause (f) of section 7 (w.e.f. 26-11-1978). 5. Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966). 6. Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961). 7. Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996). (1) Every candidate at an election shall,
either by himself or by his election agent, keep a separate and correct account of all expenditure in
connection with the election incurred or authorised by him or by his election agent between 1[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
2[Explanation 1.For the removal of doubts, it is hereby declared that (a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section; (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section. Explanation 2.For the purposes of clause (a) of Explanation 1, the expression leaders of a political party, in respect of any election, means, (i) where such political party is a recognised political party, such persons not exceeding forty in number, and (ii) where such political party is other than a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of the notification for such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act: Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.] (2) The account shall contain such particulars, as may be prescribed. (3) The total of the said expenditure shall not exceed such amount as may be prescribed.
1. Subs. by Act 40 of 1975, s. 6, for certain words (w.r.e.f. 6-8-1975).
2. Subs. by Act 46 of 2003, s. 4, for the Explanation (w.e.f. 11-9-2003). 1[(1)] Every contesting candidate at an
election shall, within thirty days from the date of election of the returned candidate or, if there are more
than one returned candidate at the election and the dates of their election are different, the later of those
two dates, lodge with the 2[district election officer] an account of his election expenses which shall be a
true copy of the account kept by him or by his election agent under section 77.
3*****
1. Section 78 re-numbered as sub-section (1) of that section by Act 47 of 1966, s. 36 (w.e.f. 14-12-1966).
2. Subs. by s. 36, ibid., for "returning officer" (w.e.f. 14-12-1966). 3. Omitted by Act 2 of 2004, s. 3 (w.e.f. 29-10-2003). (1) The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rules1for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 2[(a) the form of affidavit under sub-section (2) of section 33A;] 3[(aa)] the duties of presiding officers and polling officers at polling stations; 4[(aaa) the form of contribution report;] (b) the checking of voters by reference to the electoral roll; 4[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;] (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability; (d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vole; (e) the procedure to be followed in respect of the lender of vote by a person representing himself to be an elector after another person has voted as such elector; 5[(ee) the manner of giving and recording of voles by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] (f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote; (g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election; 5[(gg) the procedure as to counting of votes recorded by means of voting machines;] (h) the safe custody of 6[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; 7[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;] (i) any other matter required to be prescribed by this Act. 8[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 9[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule.]
1. See the Conduct of Election Rules, 1961.
2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002). 3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002). 4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 5. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003). 6. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989). 7. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961). 8. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). |
