REPRESENTATION OF THE PEOPLE ACT, 1951‌

The Representation of the People Act, 1950 did not contain all the provisions relating to elections but merely provided for the allocation of seats in and the delimitation of constituencies for the purpose of elections to the House of People and Legislatures of States, the qualifications of voter at such election and the preparations of electoral rolls.

The provisions for the actual 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 the membership of these Houses, the corrupt practices and other election offences, and the decision of election disputes were all left to be made in a subsequent measure. In order to provide for these provisions, the Representation of the People Act, 1951 was enacted.

Broadly speaking, this Act contains provisions relating to the following electoral matters:

1. Qualifications and disqualifications for membership of Parliament and State Legislatures

2. Notification of general elections

3. Administrative machinery for the conduct of elections

4. Registration of political parties

5. Conduct of elections

6. Free supply of certain material to candidates of recognised political parties

7. Disputes regarding elections

8. Corrupt practices and electoral offences

9. Powers of Election Commission in connection with inquiries as to disqualifications of members.

10. Bye-elections and time limit for filling vacancies.

11. Miscellaneous provisions relating to elections.

12. Barring the jurisdiction of civil courts.

The conduct of elections include the following matters:

(a) Nomination of candidates

(b) Candidates and their agents

(c) General procedure at elections

(d) The poll

(e) Counting of votes

(f) Multiple elections

(g) Publication of election results and nominations

(h) Declaration of assets and liabilities

(i) Election expenses

The provisions of the Act with respect to disputes regarding elections are related to the following matters:

(i) Presentation of election petitions to High Court

(ii) Trial of election petitions

(iii) Withdrawal and abatement of election petitions

(iv) Appeals to Supreme Court

(v) Costs and security for costs