6 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 ' 5 5 (3) where the candidate is a person who, having heid any office referred to in clause (f) of section 7, 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 certi- 10 ficate 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 baper, the return ing officer shall satisfy himself that the names and electoral ral] 15 numbers of the candidate and -his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: provided that the returning officer shall permit any clerical chnical error in the nomination paper in regard to the said 20 conformity with the corresponding entries in the electoral rolls; and where hecessary, direct that any clerical or printing error in the said entries shall be overlooked entries in such rol] shall be filed along with the nomination paper; and where it is not so filed, it shall be produced before the returning officer at the time of scrutiny 30 (6) nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for election in the same constituency", amendment of-section 34 fol 15 in section 84 of the principal act, for sub-section (1), the lowing sub-section shall be substituted, namely :— 35 "(1) a candidate shall not be deemed to be duly nominatea for election from a constituency unless he deposits or causes to be deposited ' ba 3 © fe a ww ea 2 8 5 as or (b) in the case of an election council constituency, a sum of two pur as or where the candidate is a mem ot scheduled tribe, a sum of one hundred i and 5 rupees; and ew (c) in the case of an election from an electoral colleg i fifty rupees: constituency, a sum of fi  - provided that where a "candidate has been nominated ed more than one nomination paper for election in the one ane tuency not more than one deposit shall be required of him vu 10 : : this sub-section" t ts0ns i incipal act, for the words 'the pers 16 in section 35 of the principal a roposer and seconder', whe have subscribed the nomination paper, as prop 5 the words 'the proposer' shall be substituted amendment 13 14 in section 36 of the principal act~ ar section 6 " " u 3 (a) in sub-section (1), the words "and one seconder sha be omitted;  (6) in sub-section (2),—  (i) for the word 'refuse', the word 'reject' shall be substi- 2 tuted; and ° (i) for clauses (a) to (e), the following clauses shall be substituted, namely:— "(a) that the candidate is not qualified to be chosen to fill the seat under any of the following prov $ that may be applicable, namely: - 25 articles 84 and 173 of the constitution, section 7 of the governmént of part c states act, 1951, and sections 4, 5, 6 and 10 of this act; or (b) that there has been a failure to comply with 3 any of the provisions of section 33 or section ; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine"; (ec); in sub-section (3),— | "clause {c}, i the words, brackets and letters "c  teu oe or 'clause (e)", the words, brackets and letters "clause (0) or clause (c)" shall be substituted; and 8 (@d for the word 'refusal', the word 'rejection' shall be substituted; the following sub-sections shall be (d) for sub-section (y, substituted, hamely:— "(7) for the purposes of this section, a certified copy of 5 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 consti tuency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the 10 people act, 1950 suit of 1950, (8) immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to 8a: candidates whose nominations ha yo 15 ve been found valid, and affix it to his notice board" amendment of section 37, 48 in section 37 of the principal act, in sub-section (), the word "seconder" and the proviso shall be omitted 19 for section 38 of the principal act, the following section shall 20 be substituted, namely: - substitution of new section for section 38, publication of list of contesting candidates, "38 (d immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (2) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contest- 25 ing candidates, that is to say, candidates who were included in the final list of validly nominated candidates and who have not withdrawn their candidature within the said period the names in alphabetical he contesting candidates as given in 30 ther with such other particulars as (2) the said, list shall contain order and the addresses of t the nomination papers toge may be prescribed" substitution of new sec~ 20 for section 39 of the principal act, the following section shall tion for sec« be substituted, namely :— tion 39 nomination of candidates at other elections "39 (1) as soon as the notification calling upon the elected 35 members or the members of the legislative assembly of a state or the members of the electoral college of a part c state to elect a member or members is issued, the election commission shall, by notification in the official gazette, appoint— (a) the last date for making nominations, which shail 40 be the tenth day after the date of publication of the firstg mentioned notification or, if thal a : 7 the next sucteeding day which is no is oliday; (b) the date for the scrutiny of none g none en l fter the last date for 1 the second day after the last king nomi: oatione on if that day is a public holiday, the next succeed man y  os ing day which is not a public holiday;  oo (c) the last date for the withdrawal ef cancidatures which shall be the third day after the date for the serutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; ro i 11 shall, if necesthe date or dates on which a bo i, - sar oe taken which or the first of which shall be boas not earlier than the seventh day after the last date for th withdrawal of candidatures; and (e) the date before which the election shall be completed _ explanation—in this section, "public holiday" has the same meaning as in section 30 20 (2) the provisions of sections 31 to oe et aw ae sections (2) and (5) of section 33 and section 3 ,s heres ye relation to any such election as they apply in re election in any constituency: provided that— ferences in the said provisions to the electoral roll @ the constituency shall, unless the context otherwise 25 30 i be construed, in the case of an elec ion by un member or the elected members of the legislative assembly of th "st te, as references to the list of members or elected mab as the case may be, of that assembly maintained under sub-section (1) of section 152, and in the case ono election by the members of the electoral college o ape ic state, as references to the list of members a sae recto college maintained under sub-section @) ° a ' 3 a0 35 (b) any references in the said provisions to see hon ee shall be construed as references to sub-section (1) ction; and _ se '(c) at the time of presenting the nomination paper, the returning officer may require the person presenting the se ne to produce either a copy of the electoral' roll, or pay 4o the electoral roll, in which the name of the candidate included or a certified copy of the relevant entries in such yoll,", : substitution 21 for section 40 of the principal act, the following section shall fnew sec- : don for sec 0€ substituted, namely: - tion 40 blection "40 a candidate at an election may appoint in thé prescrib- agents, ed 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", amendment 22, in section 42 of the principal act,— ef section 42  : (a) in sub-section (1), the words "whether he be the candidate himself or not" shall be omitted; and 0 i (®) for sub-section (2), the following sub-section shall be substituted, namely: - "(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 15 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 9 manner to the returning officer" ° 23 sections 43 and 44 of the principal act shall be omitted, omission of sections 43 and 44 substituti i inci substicution a4 for section 45 of the principal act, the following section shall tion for be substituted, namely: - section 45, functions of " j section "45 an election agent may perform such functions in con- 2 agents nection with the election as are authorised by or under this act to be performed by an election agent" substitution : e of new sece 5- for section 46 of the principal act, the following section tion for secs shall be substituted, namely: - tion 46: appointment " i i i i , op palin '46 a contesting candidate or his election agent may 30 agents, appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-s cti 1 i the poll e fon (1) of section 29 for  35 26 for section 47 of the wrincipal act, the following s be substituted, namely :~-— "a7, & contesting candidate or his election appoint in the prescribed manner one or m exceeding such number as may be preser his counting agent or agents at the counting of votes any such appointment is made notice of the appoin be given in the prescribed manner to the retur: ndment 27 in section 52 of the principal act, for the words "if a can & of section 52 [9 didate who has been duly nominated under this act dies after the date fixed for the scrutiny of nominations and a report of his death is received by the returning officer", the words "if a contesting candidate dies and a report of his death is received" shall be substituted, 28 in section 52 of the principal act, - ls) amendment of section 53 (a) for sub-section (2d, the following sub-section shall be substituted, namely :— "(1) i the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken"; and 20 (b) in sub-section @),— (i) for the words "appropriate authority" wherever they occur, the words "election commission" shall be substituted; (ii) the words "before such date as may be appointed in this behalf by the election commission and specified in the 25 notification" shall be omitted; and (ii) in the proviso, the words "until such date as the election commission may specify in this behalf" shall be omitted 29 in section 54 of the principal act,— 30 amendment of section 54 (a) for the words "number of candidates" wherever they occur, the words "number of contesting candidates" shall be substituted; (b) in sub-section (4), in the illustration, for the words "six candidates", the words "six contesting candidates" shall be 35 substituted; (c) in sub-section (5),— (i) for the words "appropriate authority" wherever they occur, the words "election commission" shall be substituted; (ii) the words "before such date as may be appointed 4o in this behalf by the election commission and specified in the notification" shall be omitted; and (iii) in the proviso, the words "until such date as 'the election commission may specify in this behalf" shali be omitted; and  45 2 id) sui-section, (6) shall be omitted amendment ar t; bs ae soe 1 of scotion ye 30 ta section 55 of the principal act, the words, letter and figures "or under the government of part c states aci, i951, as the ease may be" shall be added at the end, amecdment  oo afeection 3g, 24 tn section 58 of the principal act,— {@) in sub-section (d, the proviso shall be omitted; (6) in sub-section (),—- (}) the words "or at any polling booth" shall be omitted; (i) the words "or in such polling booth, as the case may be" shall be omitted; ps) (c) in sub-section (3), the words "or in such polling booth" shall be omitted insertion of foe ee ot 32, in chapter v of part v of the principal act, after section 67, s7a the following section shall be inserted, namely: - pate of elec "6ta for the purposes of this act, the date on which a 15 date, candidate is declared by the returning officer under 'the provisions of section 53, section 54 or section 66, to be elected to a house of parliament or of the legislature of a state or to the electoral college of a scheduled part c state shall be the date of election of that candidate" 20 a dment of section 68, 83 in section 68 of the principal act,— (a) in sub-section (1), for the words "within ten days from the date of publication in the gazette of india of the declarations that he has been so chosen or, if such publications have been made on different dates within ten days from the later of 25 such dates, intimate", the words "within ten days from the date, or the later of the dates, on which he is so chosen, intimate" shall be substituted; and (6) the following sub-section shall be added at the end, namely :— 30 "(4) for the purposes of this section and of section 69, the date on which a person is chosen to be a member of either house of parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the 35 gazette of india of his nomination" i + : ben mpineiam) ae $4, in section 69 of the principal act, oe sanendmnent {a} im sub-section (d, for the words 'on the publication it of sectio: : a lamekiny be b the gazette of india of the declaration that he nes pes e words 'on the date on wh he is so chosen chosen', aa ted; and be substitu ta (b) in sub-section (2), for the words 'on the publication ia the gazette of india of the declaration that he has been so chosen', the words 'on the date on which he is so chosen' shall be substituted ; rds "s a iment 10 35, in section 70 of the principal act, after the words "all but amendm a one of the seats", the words "by writing under his hand addressed to a 2 } anc the speaker or chairman, as the case may be, or to such other  authority or officer as may be preseribed" shall be inserted inci as dment 36 in section 71 of the principal act,— a smnenidment, : the 15 (a) sub-section (1) shall be omitted and sub-sections (2) and (3) shall be renumbered as sub-sections (1) and (2) respectively: (b) in sub-section (2) as so renumbered, the words, brackels and figure "sub-section (2) of" and the words "and group of suc states" shall be omitted; 20 (c) in sub-section (2) as so renumbered, the words, brackets and figure "or sub-section (2)" and the words, brackets us figures "sub-section (2), or as the case may be, sub-section (2) of" shall be omitted inci ment 37 in section 72 of the principal act,—  amendment, ' j 25 (a) the words 'first constitution or any subsequent' shall be omitted; and (b) for the words 'council of states', the words 'electoral college' shall be substituted 98 in section 73 of the principal act,— amen denent 30 (a) for the word and figures 'section 15', the word and figures 73- 'section 14 shall be substituted; and (b) the words 'in due time or on the expiration of its duration or' shall be omitted : 39 in section 74 of the principal act,— amendment (a) for the word and figures 'section 17, the word and figures 94,  'section 15° shall be substituted; and i¢ on the expitation of its dura- ; (6) the words 'in due time or tion or' shall be omitted, amendment of section 74 40 in section 75 of the principal act,— (a) sub-section () shall be ith i ds omitted and sub-sections (2 (3) shall be re-numbered as sub-sections (4) and (2) respectively: 5 (b) in sub-section (d as s oo renumbered, for th d prackets and figures 'sub-section (2) of section 18', the 0 oe gures 'section 16' shall be substituted; and me ane (c) in sub-section (2) as so renumbered, (i) the words, brackets and figure 'or sub-section (2y t0- shall be omitted; ° (i) for the words, s brakets and figures 'sub-secti or, as the case may be, sub-section (2) of section 19° the + " subeient and figures 'section 16° shall be substituted , we stitution: {  shoat 41 for sections 76,77 and 78 of the principal act, the following x rs 1s tions for sec- sections shall i hons for sec be substituted, namely :— and 78 application 716 this ch of chapter apter shall apply only to electi of the people and ¢ pply citons to the house account of p 0 the legislative assembly of a state, election expenses and maximum thereof sel u prery candidate at an election shall, either by him election agent, keep a separate d lar heat of all expenditure incurred or authorised by him a by °° is election agent in connection with the election ° (2) the account shall be k i :  ept in contain such particulars, as may be preseribat, form, and shall (3) the total of the said i amount ae moy be preserihed penditure shall not exceed such 25 on ® abe said expenditure shall not be deemed to include y expenditure incurred by a recognised party organisation for furthering the pr ospe: ; ' ported by it prospects of the election of candidates suption" peination— the expression "recognised party organisa  a party organisation which has b ' ° the election commission in thi as been recognised by ledging of ission in this behalf, account with 78 every contestin: i i scot ith g candidate at an election shall, within the prescribed period, lodge with the returning officer an 35 officer account of his i election ex enses which shal 7 p : c: 8 all be a true copy of ms account kept by him or by his election agent under section amendment i = » lor e men 42 in section 81 of the principal act, in sub-section (1) fi hi fe section words and figures in such fo withi bast is) 4o uc rm and thin such ti e but not earlier th «gs an the date of publication of the mame or names of the returned it candidate er candidates at such election under section 67, as may be preseribed', the words 'within two months from, but not earlier than, 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' shall be substituted 43 for section 82 of the principal act, the following section shall be substituted, namely:-—~ substitution of new section for section "99 a petitioner shall join as respondents to his petition— parties ¢o the petition io (a) where the petitioner claims a declaration under clause (b) of section 84, all the contesting candidates other than the petitioner, and in any other case, all the returned candidates; and (b) any other candidate against whom allegations of any 1g corrupt or illegal practice are made in the petition" 44, for section 83 of the principal act, the following section shall be substituted, namely:— "83, (1) an election petition— substitution of new section for section 83 contents of petition {a) shall contain a concise statement of the- material 20 facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date 25 and place of the commission of each such practice; and (e) shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 1908 for the vertification of pleadings : wee 30 (2) any schedule or annexure to the petition shall also 'be signed by the petitioner and verified in the same manner as the petition" 45 im section 84 of the principal act, for clause (c), the follow- amendment of section 84 ing clause shall be substituted, namely:— (c) that the election as a whole is void" 46 for section 85 of the principal act, the following section 35 shall be substituted, namely: - "g5 if the provisions of section 81 or section 82 or section substitution of new section for section 85 procedure on receiving petition 117 have not been complied with, the election commission shall dismiss the petition:  provided that the petition shall not be dismissed without 40 giving the petitioner an opportunity of being heard", substitution of new 49 for section 86 of the principal act, the following section section for shall be substituted, namely :—~ section 86, appoint ment of election tribunal "88 (1) if the petition is not dismissed under section 85 the election commission shall cause a copy thereof to be published in the official gazette and a copy to be served by post on 5 each respondent, and shall then refer the petition to an election tribunal for trial (2) for the purpose of constituting such tribunals, the election commission shall obtain from the high court of each state (other than jammu and kashmir) a list of persons who to are district judges in the state and are in the opinion of the high court fit to be appointed as members of election tribunals and shall maintain the list by making such alterations therein as the high court may, from time to thme, direct explanation—in this sub-section, the expression 'district 5 judge' includes judge of a city civil court, additional district judge, joint district judge and chief judge of a small cause court (3) every tribunal shall consist of two members selected by the election: commission from any of the lists maintained 20 by it under sub-section (2): provided that where the petition is-in respect of an election to the legislative assembly or legislative council of a state, no person who is a district judge in another state shall be selected for appointment as a member of the tribunal ex- 25 cept with the consent of the government of that other state (4) if for any reason a vacancy occurs in the office of member of a tribunal, the election commission shall, as soon as practicable, appoint a person to fill the vacancy in accordance with the foregoing provisions of this section; and upon his 30 joining the tribunal, the trial of the petition shall be continued as if he had been on the tribunal from the beginning: provided that the tribunal may, if it thinks fit, recall and re-examine any of the witnesses already examined" substitution 48 for section 89 of the principal act, the following section shall 35 tion for: be substituted, namely :— section 89, power of "89 the election commission may at any stage, for reasons election commission to be recorded, withdraw afiy petition pending before a tribunal and transfer it for trial to another tribunal constituted in accor to wkd dance with the provisions of section 86; and upon such transfer, pe that trifminal shall proceed with the trial from which it was withdrawn: provided that it may, if i thinks fit, recall and ie-examine any of the witnesses already examined"  48 in section 90 of the principal act,—qo (2) sub-section (j) shall be omitted; cor (b) in sub-section (2), the first proviso and the word "further" if in the second proviso shall be omitted and the sub-section shall be renumbered as sub-section (1); (ce) sub-section (3) shall be renumbered as sub-section (2); id) for sub-section (4), the following sub-sections shall be substituted, namely :— 15 "(3) the tribunal shall dismiss an election petition which does not comply with the provisions of section 81, section 82 or section 117 notwithstanding that it has not been dismissed by the election commission under sub-section (1) of section 85 (4) any candidate not already a respondent shall, upon application made to the tribunal within fourteen days from the date of commencement of the trial and subject to the provisions of section 119, be entitled to be joined as a respondent explanation—for the purposes of this sub-section and 25 of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the tribunal and answer the claim or claims made in the petition 30 35 (5) the tribunal may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt or illegal practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will-have the effect of introducing particulars of a corrupt or illegal practice not previously alleged in the petition" 18 of section am +  jmendment 56 tn section 97 of the principal act,— , 97 the words and under section o0'" in ¢ i (@) in the proviso to sub-section (2, for figures the publication of the election petition the words 'commencement of the trial' p shall be substituted: (5) in sub-section (2), the words 'ist of" shall be omitted 5 amendment i amends 54 in section 98 of the principal act, in clause (d), for the words 98 'to be wholly void', substituted the words 'as a whole to be void' shall be 52 in section 99 of the principal act— 99 amendment  of section (a) in sub-clause go of clause the figures and word '141 to 143', the (a) of sub-section (), for yo figures and word '141 and 142' shall be substituted; and : ° (6) sub-section (2) shall he omitted, grendment 53 in section 100 of t he principal act - i of" (2) the following suboee dp ct, for sub-sections () and tions shall be substituted, namely ;— 1§ : 26 : ae if the tribunal is of opinion that the election has  re een a free election by reason that bribery, undue in- uence or group intimidation has extensively prevailed at the election, he tribunal shall declare the election asa whole to be void 20 , provided that where at the election a candidate has een declared under sub-section (2) of section 54 to bi elected to fill a teserved seat an i : 30 explanation —in this section,— (a) the expressions 'bribery' and  i ; undue influence' have the meanings give ne n to them in section 123; and 30 ; (b) the expression 'group intimidation' : interference or attempt at interference by a command ty, group or section with the free exercise by another community, group or section of the right to vote or refrain from voting by intimidation, coercion, 'sociak 35 er economic boycott, threat of si similar eo uch boycott or other io (2) subject to the provisions of sub-section (2), if the tribunal is of opinicn— (a) that on the date of his election a retur: date was not qualified, or was disqualified, to hosen, to fill the seat under the constitution or this act or the government of part c states act, 1951; or (b) that any corrupt practice specified in section 123 has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent: or (c) that the election of a returned candidate has been procured or induced by any corrupt or illegal practice; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— (i) by the improper acceptance or rejection of any nomination, or (ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or (ti) by any non-compliance with the provisions -of the constitution or of this act or of any rules or orders made under this act or any other act or rules relating to the election, the tribunal shall declare the election of the returned candidate to be void" 54 for section 104 of the principal act, the following section shall be substituted, namely :— 104 (1) if at the conclusion of the trial of an election peti- substitution of new sege tion for section 104 difference of opinion between the members of the tribunal, tion there is a difference of opinion between the members of the tribunal on any question regarding the order to be made under section 98 or section 99, they shall state the question on which they so differ together with their respective opinions thereon and refer the same for determination to such judge of the high court having jurisdiction over the tribunal as the election commission may, with the concurrence of the chief justice of that court, nominate for the purpose: provided that where the high court consists of only one judge, the question shall be referred to that judge (2)  gj after a ref: () the tri erence has been mad ribunal shall not make any onder index  sub-section section 98 or section 89 until i 7 i » and exce; : sion of the tnd ept in "day : of the judge upon the vaforanee anes with, the deci- amendment of i 55, vy f section section 106 of the principal act to6, (a) the bracket: 4 ss 6 shall be omitted; and words '(other than a primary electi 7   lection) (®) for the w ds 'shall the gazett on all cause the ord  e of india and in the official garett othe ee m 9 e state concerned', the follow: n, e& su atule ame - g shall b ft to bstitu d, nam: ly: shall cause the order to be published (a) where the order r ~ z 3 ; elates to an election to a house of parl ament, in the gazette of india as well as in the official gazette of the state concerned; and , (b) wh house of nee ane order relates to an election t official se of the legislature of th ° the 35 azette of the state" e state, in the substitution 56 f i naren  por section 107 of inci on forsec shall be substituted, namely prpepal ach the following seeti a a ction effect of "107 (1 (1) every order of the tribunal under secti ection 98 or 20 orders ' iders of the section 99 shall take eff tribunal ect as soon as it is pronounced b ced by the (2) where b y an order  returned candi under section 98  void, acts aa or ghe election as a whole ee lection of a 7 oceedings i  clared to bi affected b 8s in which a oo be y the order has, b ny returned candid: as a member of parli , before the date th indi ate 25 arliament ereof, participat of a state shall or as a membe pated 1 not be invalid r of the legislat shall such candid alidated by reaso ure ate be subj m-of that order on t jected ey , nor he ground of such participation" any liability or penalty 30 amendment 5% in secti ion 111 of the principal act, > the following word ords shall of secti tit ton" be added at the end, + namel: yi "and thereupon th ; e electi bat the report: in the official garett" commission shall publish inserti f new section 58 after section 111 of th ° - e inci an shall be inserted, namely:— principal act, the following section rocedu where the "lia (1) where the sys 35 petitioner petitioners than one al petitioner fails, or if ther fails to stage during th ie, all the petitioners fail, t e are more e trial of the petition, the trib 0 peer at any ; unal may, on the appear j application of any other persén who might himself h ave been 40 at it is necessary for ends of justice a petitioner and if sat isfied th dismissing the pet so to do, instead of ition for default, order petitioner of d for the original that person to be substitute ms as it thinks just petitioners upon such ter sed for default the tribunal (2) when 4 petition is dismis 3 n commission and thereupon the official shall report the fact to the electio: the blection commission shall publish the report in gazette" +, for the words, prac kets, amendment vib of section 419 of the principal ac 59 tn section to and figure "sub-section (1)", the words, brackets and figure "st oto : 11d, section (4)" shall be substituted amendment , of section 60 in section 123 of the principal ati-— (2), in the explanation, for the words and j23 (a) in clause d to in section 76", figures "return of e s referred to the words and figures jection expenses referre "aecount of election expense pstituted,; 15 in section 78" shall be su s "or the employment of any pe shall be omitted; and (b) in clause (7), the words rson by a candidate or his agent" ion, the following explane- {c) in clause (8), for the explanat tion shall be substituted, namely :— 20 ~-for the purposes of this clause— "explanation g under the government of india or (a) a person servin the government of any state shall not include a person who has been declared, by the central government or, as the case may be, the state government to be a person to whom, 25 the provisions of this clause shall not apply; (b) a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent or a polling agent or a counting agent of that candidate" 30 al act, in clause (4), for the word amendment g1 in section 124 of the princip t" shall be substituted of sect'on 124 » wherever it occurs, the word "accoun "return n section 134 of the principal act, in sub 62 i -section (3), after amendment sistant elec- of section 134 al registration officers', the words 'as the words 'elector fficers' shall be inserted 35 toral registration 0 63 after section 135 0 shall be inserted, namely: - f the principal act, the following section insertion of new 135a section connection with, any making false «435a if a person makes in, or in nomination of a candidate for election or an ement or declaration: in wri yy account of election declarations ting which is false false or does not ther knows or believes to be 40 expenses, a stat and which he ei believe to bh, ce true, he shal a term which shall be punishable both," may extend to one yenr was ie onment for amendmenr with fine of secti 64, j  cr with 39 section (af 139 of the principal a  (2), after the word aa act, in el " and fieu 7 ause (6) of sy) & ug beeps res, 'section 13 and } tetter 'or secii 35', the 4 » lite words, figures 3 on 1854' sh 3 al i tasertion of i be inserted, part viti of the new section 63 tn 140a, 140, the  princiy i ollowing section ¢ pal act, in chapter 7 ° aller secti ction removal of hall be inserted, hamely :— disqualifica- "t40a, a : :  an j tions removed by the ben alification under this c ia writing" ection commission for ease eet may be : s to be re amendme: q worded re of section 66 in section 14] of th 41 word and & f tne princi i : gures 'secti > pal act, in cl 135a' shall be inserted, 185), the words, figures and teter tte the  fetter 'or seetj omiss ntion of section 8 (2) section 143 43 and © of the principal act shall b emoval o; (2) it i a eo d 6 is her mitted ghaualif- curred by any by declared that any disgy 1 15 ted under return of el person under the said qualification for votin that section election expenses shal} section for default in ke instand removed making a omission " section rae 68 section 146 of the principal act shall b € omitted, amendment 69 of section  in section 148 of antag? the princi 348 states', the words 'electoral collegs act for the words 'c: ©' shall be substi ouncil of ituted, 20 amend of section my in section 152 of the principal 152, words " 7 ipal a i  or group of such states" shali be omit ection (2), the ed, , substitution 1 f : of new sec- - for section 153 of 'th inci ones _ shall bi : € principal a tion be oe a e substituted, namely: - ct, the following section 25 extension of "tr time for ° "153 it shall be competent fo r completion reason, i i  of elect ion: $ which it considers sufficient, 30 92 in section 158 of the principal act,— ~  j j : 6 558 (2) in sub-section (d, the words, wrackets and figures 'or ip with sub-section (4) of section 39" that section read section rea words, brackets and figure 'ov im that subsaid sub-section (4) shall be omitted; and (b) in sub-section (4),~ (i) the words, brackets and figures 'or under that section read with sub-section (4) of section 39 shall be ornitted; and 'or at an election in (@ in the second proviso, the words by the members of geats in the state a council constituency and an election the state legislative assembly to all legislative council' shall be omitted "the election amendment : of section 93 in section 159 of the ptineipal act, the words 159 t 5 commission or' shall be omitted 44 in'section 169 of the principal act, after sub-section (2), the amendment of section following sub-section shall be inserted, namely: - 768 nder this act shall, as soon as may "(3) all rules made w laid before both houses of parliabe after they are made, be ment" 45 in the government of part c states act, 1951,— consequential amend- (2) in section i— ments g) the word 'and' shall be added at the end of clause (a); and (ii) the word 'and at the end of clause (0), the whole ot clause (c) and the explanation shalt be omitted; {b) section 8 shall be omitted 76 nothing in this act shall apply to any election which has been an nor to act or to any election apply to called before the commencement of this petition arising out of such election, whether such petition is pending pending  at such commencement or ig presented afterwards, and ail such ete elections shall be held and petitions tried, and all matters in connection with such elections or petitions (including the constitution of election tribunals) shall be regulated, in accordance with the provi 35 sions of the law in force immediately before such commencement  statement of objects and reasonsthe proposals i is bi ; ts in this bill for hon or the a imex teen ie people act, 1951, are based on the wx  f the representas evience gained by nt in the working ctions the main st the " en commission a8 well as the gover me cae ct during and after the last gen 1 ele ses proposed are explained below: men as clauses 3 and 4 —under secti membershi iat ton 7(c) a person is disqnali to lodge a ta parliament or of a state legislat is disqualified for return of election expenses ag ure if he has failed clause 9—at present assisiant returning officers have no power to perform any of the functions of a returning offieer which relate to the acceptance of the nomination paper or to the scrutiny of nominations or to the counting of votes unless the ing officer is unavoidably prevented from performing the sa functions there does not appear to be any valid reason why assistant returning officers who are also responsible officers should not be competent to perform all the functions of the returning officer subject of course to his control it is accordingly proposed io omit the proviso to section 22 of the act clauses 10 and 31—at present the act and the rules refer to polling stations as well as to polling booths which a polling station may have in practice, many polling stations have as many as four or five polling booths it would be administratively more convenient to do away with polling booths altogether and to treat polling stations as indivisible units and allot definite polling areas te each of them as contemplated by section 25, and where necessary, groups of electors with reference to the electoral roll even where two or more polling stations are located in the same building tt is accordingly proposed that the references to polling booths should be eliminated from section 58 and section 26(1) should be amended enabling the appointment of the same person to be the presiding officer for more than one polling station in the same premises : clause 12—under the existing law, a minimum of 42 days is required between the notification calling for an election and the com- at least 30 days have to be allowed between the last date for the withdrawal of candidatures and the commencemencement of polling ment of the poll which appears to be unduly long tt is also felt that the election programme should as far as possible be fixed in the law itself it is, therefore, proposed not only to reduce the periods prescribed in clauses (a), (b) and (d), but also to provide in clause (a) that the last date for making nominations should be the tenth day after the publication of the notification calling the election and in clause (b) that the date of scrutiny should be the second day after the last date for making nominations by making the election programme shorter by about a fortnight, the over-all election expenses of candidates will also be reduced as the superintendence, direction and control of elections are vested in the election cornmission it is proposed that these various dates should be fixed by the commission in the case of general elections as they are at present fixed by the commission in the case of bye-elections clause 14—section 33 of the act prescribes the procedure for presentation of nomination papers and the requirements of a valid nomination sub-section (2) of this section seems to be unnecessarily chmberous from the practical point of view it seams quite immaterial whether an elector subscribes one or more than one nomination paper and the existence of a statulory restriction as in the proviso to sub-section (2) merely leads tc frivial 1 objections being taken and a good deal of the returning officer's time being wasted and in some cases the nomination papers being improperly rejected, mm has been a fruitful of unlawful rejection of so also, sub-section (3) in is present fo source of election petitions on the ground nomination papers in this country fts main provision is that along with every nomination paper there should be a declaration by the candidate that he has appointed either himself or another specified person as his election agent the great majority of candidates appoint themselves as their own election agents experience of the last general elections shows that the system of election agents has not been very popular with the candidates, the appointrnent of election agents is therefore proposed to be made opticaal for candidates is clause 21 in view of this there is no necessity for the provision that the nomination paper should be accompanied by a declaration relating to the appointment of an election agent with a view to making the nomination paper as possible, it is proposed to dispense with a seconder a scheduled caste or scheduled trib separate declaration the n declaration the revised s simple ag in the case of e candidate there need not be a omination paper itself may contain the ection 33 incorporates these changes ecessary in the case of an election to the council of states or in the case of an election to a state legislative council by the members of the legislative assembly of that state, and it is proposed to do away with this re quirement clause 17—at present under sub-section (2) of section 36 there nds on any one of which a nomination 'paper may be rejected out of a total of 338 election petitions arising out of the jast general elections, as many as 116 contained allegations regarding improper rejection of nomination papers since the scrutiny proceedings before the returning officer are of a summary nature, it is considered that the scrutiny of nominations should be made less technical the grounds on which a nomination parer can be rejected should be made simple so that returning officers may take quick and correct decisions while the question whether a candidate has or has not the requisite "qualifications" under the constitution or the representation of the people act, 1951, is comparative ; : ye je "disavali« ly easy and straightforward, the question whether he is csaua fied" ' ¢ involves difficult points cf fact and fied" is usually complicated and involves difficult ts oa ane e ' to rer this latier question from it is therefore ps sed to remove this letler q a law it is therefore propes' ; lath veesiies - the purview of the returning officer, leaving it to be agite ae i tition tek the completion c necessary, by means of an election petition alter the cormp ! sary, 2 the election i é f sub-section (7) i ' ined in clause (a) of sub-section { the rule of evidence contained  a of section 36 is not properly worded the certified copy et an rare in the electoral roll of a constituency could only be ovens fe) nee fact that the individual referred to in the entry 'se iat one being registered as an elector in the conseiuency, ane ° on f this pi i hould also be confined to t i ature of this piece of evidence s es -_ fact "the right of the individual to stand for election or tc subser'be a nomination paper as proposer or as seconder accrues rom te relevant provisions of the act which have to be proper y eee and the mere production of a certified copy an ony a i ne ose lusive evidence of any of toral roll cannot be taken as cone : py of nese i i jause (a) of sub-sec ights it is accordingly proposed to revise ¢ ; : (d at section 36 clause (b) of sub-section (7) is proposed  ee omitted in view of the proposed omission of sub-section (2) 0 section 33, tt is also proposed to insert a new sub-section (8) in na section requiring every returning officer to prepare a list of valid y moni nated candidates immediately after the scrutiny of nomina papers is over clauses 19 and 28—at present the act seems to one a one i ; ily i igi tween "duly nominated" can ec tion, not readily intelligible, be on tdutee mae "eval i " idates apparently, candidate and "validly nominated" candida par é es may " i " although their nomination pap! é have been "duly nominated" al g 2 aoe ing rej i by the returning officer whereas : rejected on scrutiny t 2 ene to the rules under the act the "list of validly nominate bed" aaies i didates whose nomination pap contains the names of those can ; peres 1 i have been found to be in order on serv tiny and who have no ; wie i i in ti der section 37 then again, drawn their candidatures in time un in subsection () i 's that the list referred to in suh-se ; though section 53 suggests r ; hoo ion i the list of valid nomina of that section is not to be the same as : a nominations i tion 38, the rules provide otherwise, : published under sec » the wutoe tt i pro ist i i : same list is required to be -publis hed under both séctions en a act i ho have been duly nominated an pot tec their cane id d ction 37 may be referred te withdrawn their candidatures under se é rred te i i i ly proposed to revise ting candidates it is according - tion '30 ae in this clause and to make necessary consequential amend ments in section 53(1) as in clause 28 at volling noone ee 46 a the act provides for the appointment ss at least three days before th le " & commencement of posse many candidates at the general elections found it im- bs i to comply with this time-limit and in order to avoid haranol the rerurning officers and presiding officers had to accept ing agents appointed later it is t his - oll : ater it is proposed to rove this ti limit which appears to be unnecessary, no bemmove (08s time polling ween wes down that the notice of appointment of nts sha e given in the prescribed mann ; er to otreers as may be prescribed this again is not easy to comply with practice, in order to simplify the appointment of polling agents it is proposed to delete th ter porti i revise bee e the latter portion of section 46 and formally agent ee eection a at present restricts the number of counting ery candidate to one so that at the ti i only the candidate, his election i "the counting ene < , agent, if any, and the countin, np bene to be present and watch the proceedings it ie altnoat € for a single counting agent to watch wi with any degree of che cnn roughness when a number of counting parties oe doing chan neg ' s therefore proposed in this clause that section 47 ended so as to allow the appointment of a n 4 : : umb counting agents subject to the prescribed maximum it is meso proposed te omit from this section the requirement that counting gents shall be appointed before the commencement of the polls clause 32-—-questions often ari d f se as to when exactly an elected cantidate pecomes a member of the house to which he is elected } the date of his election there is usually an i t meee ee date of declaration of a result under section 53, dor e date on which that declaration i bli i official gazette under section 67 'ation is cep l ge - the declaration is reprod 1 perpatin in the gazette and contains the date on which it has actual rd a made by the returning officer the date of notification in t i sazette is therefore not material and there appears to be no rea cise tn ne regarding the latter date as the date on which cted candidate becomes a member of a i : s particular house, moreover, while the elected candidate is immediately aware of the ree aration made by the returning officer and its date he has to ae a close watch on the official gazettes in order to know the a e on which the declaration is notified in the gazette, and this, tom the point of view of the candidate is neither easy nor convenient in this clause it is accordingly proposed to insert a new section defining the date of election of a candidate 3 clause 35—under section 70, if a person is elected to more than ne seat in either house of parliament or in the house or in either = see aaa house of the legislature of a state, then unless within | ed time he resigns all but one of the seats all seats experience his seat by writing under his hand addressed to the chairman his seat thereupon becomes vacant, but has shown that there may be occasions when the office of the speaker or the chairman in the case of the legislature of a state may remain in abeyance as in the case of failure of constitutional machinery under article 356 of the constitution tn such cages the law is not clear as to whom the resignation should be submitted under section 70 to provide for a contingency uke this it is proposed to amend section 70 as in this clause clause 41-~the law relating to election expenses as contained in sections 76, 77 and 78 (and also section 44) has been found to be unnecessarily complicated and difficult to comply with ti is proposed to simplify it and make it workable by revising the sections mentioned above the operation of these sections will be limited to elections to the house of the people and the state legislative assemblies the duty of maintaining regular and separate aceounts of all election expenses at these elections will be thrown primarily on the candidate himself, but if he has an election agent, he can ask that agent to maintain the account the expenses incurred by a recognised party organisation in furthering the prospects of candidates supported by it will not form part of the election expenses of any individual candidate only the contesting candidates will be required to lodge an account of their expenses, and that too, not in the form of a complicated return classifying the expenses under ten or twelve different heads, but in the form in which they have to maintain the account itself, lastly, the present restriction on the number of persons who may be employed on payment in connection with the election is proposed to be removed, since it does not seem to serve any useful purpose clause 42—under sub-section (1) of section 81, the period of limitation for presenting an election petition is left to be prescribed by rules which is not very satisfactory it is proposed to specify this period in the section itself 45 days are allowed for lodging the return of election expenses and, adding 15 days to it, the period of limitation for presenting an election petition may be two months from the date of the election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their elections are different, two months from the later of those dates ' clause 43—section 82 provides that all the duly nominated candidates shall be joined as respondents to an election petition  orseven in the case of elections to the house of the people or a state legislative assembly, particularly in plural member constituencies, the number of duly nominated candidates has been very large, with the result that the service of notices on them takes' a very long time and holds up the trial of the election petition naturally, it is only the returned candidate who takes any interest in contesting the election petition moreover there is a provision in section $0 which enables any other candidate to join as a respondent li is accordingly proposed in this clause that section 82 should be revised so that it is necessary to join as respondents only those candidates who are interested prima facie in the outcome of the petition clause 44—-where the petition alleges any corrupt or illegal practice, sub-section (2) of section 83 requires a separate list setting forth full particulars of the practices alleged, and also as full a statement as possible as to the names of the parties alleged to have committed those practices at the date and place of commission of those practices this _provision is often not fully understood by petitioners, or even where it ig understood, there is great deal of repetition as between the petition proper and the list it would be simpler from all points of view to have a complete and self-contained petition it is proposed that section 33 should be revised formally from this point of view clause 46—it is proposed to make two changes in section 85 which empowers the election commission to dismiss election petitions in certain circumstances the question whether a petition is in acordance with section 83 cannot properly be decided without hearing both parties on the other hand, the election commission will find it easy to see whether section 82 has been complied with it is therefore proposed to substitute section 82 for section 83 in view of the nature of election petitions and the desirability of reaching finality in regard to all election matters it is proposed that the provision for condoning delay should be omitted and that the power to dismiss a petition for non-compliance with section 81, 82 or 117 should belong not only to the election tribunal under section 90 but should also be given to the election commission before dismissing a petition however the election commission should give the petitioner an opportunity of being heard section 85 has been revised accordingly clauses 47 and 54—under the existing law the election tribunal is to consist of three members of whom the chairman shall be either a retired or serving judge of a high court or a retired or serving district judge, the second member shall be a retired or serving district judge and the third member shall be an advocate  3r: lace in the dice of not less than 10 years standing the undue delay in the dis £ 1 ky : ; undue lay in the ¢ posal of several election petitions is attributable largely to this coraposition the intention in having -a three-member tribunal oe bts db anal bo , + "ty peal was that its decisions would be final and not open to any peal ° a _ 7 4 } o athe gta tisy ision | i ' court at yas been authoritatively wx revis efore a higher court gut it ha cr revision b g enone fs held that the powers conferred by article 126 on the s reme cour or by aricles 226 and 227 on the high courts are exercisable in lation to election tribunals in order to veduce the expense ane delay which the existing composition of a three-member tri una necessarily involves, it is proposed to amend section o6 drove' for double-emember tribunals consisting of serving district ju ass only and to provide in revised section 104 (vide clause 54) that in he ease of difference between the two members on any auesticn is garding the final order to be made, the question should be neon' to a judge of the high court nominated for the purpose ; y ' election commission with the concurrence of the chief justice an that the final order should then be made by the tribunal in accordance with the decision of the judge upon the reference clause 48—at present the election commission has no power to transfer election petitions from one tribunal to another in ie absence of such a power, the election commission could not fa e any action for the expeditious disposal of petitions and muc on necessary expense had to be incurred by this clause it is propose to insert a new section giving the necessary power to the election commission ' i existing section 89 appears to be of little practical utility, and it is proposed to omit it clause 53—sub-section (1) (c) of section 100 provides that if the tiibunal is of opinion that the result of an election has been materially affected by the improper acceptance or rejection of any nomination, the tribunal shall declare that election _to be wholly void there does not appear to be any sound and valid reason why the entire election should be set aside on the ground of improper acceptance or rejection of any nomination it is accordingly proposed to omit clause (c) of sub-section (1) of section 100 and to make a provision in sub-section (2) [vide proposed clause (a1 that if the tribunal is of the opinion that the result of the election in so far as it concerns a returned candidate has been materially affected by the improper acceptance or rejection of a nomination the tribunal shall declare the election of the returned candidate to be void sub-section (2) (c) provides inter alia that if the tribunal is of _ opinion that the result of an election has been materially affected by any non-compliance with the provisions of the constitution or of the act or any rules or orders made thereunder, the tribunal shall declare the election of the returned candidate to be void now it might happen that although on the date of scrutiny of the nominations the candidate was not disqualified for being chosen as a tnember, he subsequently, but before the date of his election, incurred a disqualification and continued to be subject to that disqualification even after the election such a case would obviously be outside the purview of section 100(1) (c) tt does not also seam possible to bring it within the purview of section 100(2} (c), since it cannot be asserted that there is a non-compliance within express constitutional or statutory requirement it is accordingly proposed to insert a new provision in sub-section (2) that if the tribunal is of opinion that on the date of his election a returned candidate was not qualified, or was disqualified to be chosen to ail the seat under the constitution or the act, the tribunal shall declare the election of the returned candidates to be void under section 54(2) in plural-member constituencies if the number of candidates qualified to be chosen to fill the reserved seats is equal to the number of such seats, all those candidates shall forthwith be declared to be elected to fill the reserved seats and a poll shall be taken in respect of the general seats now, if bribery, undue influence or intimidation prevailed in the contested election relating to the general seat there is no justifiable reason why the uncontested elections of the reserved candidates should also be set aside it is accordingly proposed to insert a proviso to _ proposed sub-section (1) of section 100 in view of the changes proposed above, sub-sections (1) and (2) have been revised as in this clause clause 56—at present under section 107 an order of the tribunal under section 98 or section 99 takes effect only on its publication in the gazette of india it is proposed that the order of the tribunal should take effect as soon as it is pronounced by the tribunal under the law a good deal of time elapses between the election of a candidate and the date on which his election may be declared void by a tribunal under section 98: but in this interval which may extend not only to months but even to years, the returned candidate may take part in various: acts and proceedings as a member of parliament or as a member of the legislature of a state the provisions of article 100(2) or article 189(2) do not appear to be comprehensive in this respect then there are the provisions of article 104 and article 193 imposing penalties in certain eases in order that a returned candidate whose election is subsequently declared void may not be subjected to any liability or penalty or that the acts and proceedings in which he participated may not be declared to be void, it is proposed to recast section 107 as in this clause aw < of withdrawal of a | clauses 57 and §8—when the report of withdrawal a a the tribunal to the election commission is ges lished in the o l gazette ection lil of the act is sent by : that the report should be publi ingly it is proposed to amend s (b) of this clause  a where a petitioner fails to appear at any stage cone haw uy he patiti it is desirable that the tr¥bunal insteac or ha : of the petition, it is desirab [ stead of | ns to dismiss the petition for default, should neve the pe ae oe c e substituted for the petitioner & , s02 another person to be substitute u foner if that bere might himself have presented the petition, this is provided in the new seetion lila clause 60-—under clause (a) of the explanation below seers 123(8) a person serving under the government of india s all aot include a person who has been declared by the central oct analy q covisi ¢ that clause shall not apply a person to whom the pr ovisions fs) 8 ; : but by clause (b) of that explanation a state government 8 oe barred from exempting village officers from the operation et section i at x illage officer can canvass at elect 3(8), with the result that no vil : ; a jon agother candidate this provision leads, not only to hardships i 7 i ections, it is felt that clause but also to anomalies at the time of elections eae gov ' (p)of the explanation relating to persons serving as clause (a) of central ernment of any state should be on the same lines " that explanation relating to persons serving under e government:   ming certain judicial decisions have raised doubts as ee a ndidate i i + or counting agent of a ca as an election agent or polling agen ' cider c isting in the furtherance of the prospects ld be regarded as assisting in nee ; t of a candidate's election within the meaning of this section is proposed to remove these doubts by an express provision in = explanation clause 63—in this clause it is proposed that tn a person mare i i tion wit e nomi 2 ise statement or declaration in connec ion ara candidate or the return of election expenses he shall be guilty of an offence clause 65—in chapter i of part vit of the act the election commission has no power to remove any disqual beaten chaptes i i f the act but in rshi der section 189 or section 140 o hap' trot that, part the election commission has power under section 144 of the act to remove any disqualifications for voring 4 is i i i i f the act may be removed by : alification under section 7(c) of t lection commission there does not appear to pe any soune reason i ' it the election com-~ itutional authority of the status o ] on ce weno pould not be given the power to remove disqualifications mission sho ior membership in other cases also it is accordingly proposed io insert a new section 140a after section 140, clause 67—in view of the fact that failure to ledge a return of election expenses within the time and manner required by or under this act is a disqualification for membership under section 7(c) of the act, there is no need to make such failure a disqualification for voting it is accordingly proposed to omit section 143, clause 68—section 146 does not seem to serve any useful purpose, and, in parts, is of doubtful validity it is therefore proposed to omit it clause 75—the amendments proposed by this clause in the government of part c states act are consequential upon the proposai to integrate the election provisions of that act with the provisions of the representation of the people acts 2 clause 76—by this clause it is proposed that the amendments proposed in this bill should not apply to any pending bye-election or to any election petition arising out of such bye-election elv pataskab new deer: the 28th july, 1955  annexureextracts from the representation of the people act, 1951 cxliit or 1951) % % & interpretation —(i) in this act, unless the context otherwise requires,— (b) "appropriate authority" means, in relation to an election to the house of the people or the council of states or to a primary election, the central government, and in relation to an election to the legislative assembly or the legislative council of a state, the state government   b bs  e  (d) "election" means an election to fill a seat or seats in either house of parliament or in the house or either house 'of the legislature of a state other than the state of jammu and kashmir and includes a primary election; (e) "elector", in relation to a constituency, means a person whose name is for the time being entered in the electoral roll of that constituency; «   ie cd  a  (h) "primary election" means an election for the purpose of constituting or reconstituting an electoral college under section 27a of the representation of the people act, 1950 (xliii of 1950) for a scheduled part c state or for the purpose of filling any casual vacancy in the seat of a member of such electoral college; (i) "scheduled castes" and "scheduled tribes" in relation to a part c state, mean respectively the castes specified in the sixth schedule and the tribes specified in the seventh schedule to the representation of the people act, 1950 (xliii of 1950) in relation to that state |     |     | ®    |     | ®    | &    | &    ||------|------|------|------|------|------|------|(2) for the purposes of this act, a council of states constituency, a parliamentary constituency, an assembly constituency, a council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of different class, (3) any requirement under this act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the official gazette, shall, unless otherwise expressly provided in this act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall— (a) where it is issued or made by the central government, be published in the gazette of india; (6) where it is issued or made by a state government, be published in the official gazette of the state; and (c) where it is issued or made by any other authority, be published: in the gazette of india if it relates to an election to, or membership of, either house of parliament or to a primary election, and in the official gazette of the state if it relates to an election to, or membership of, the house or either house of the legislature of a state        (5) any reference in this act to a law which is not in force in a part b state shall, in relation to that state, be construed as a refetence to the corresponding law, if any, in force in that state    ® «   (7) any reference in this act to the legislative council of a state shall be construed as not including a reference to the coorg legislative council as   cuapter iii disqualifications7 disqualifications fer membership of parliament or of a state legislature—a person shall be disqualified for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state— ey) ba % _ e ume an within tl 2 a return of et, unl five years hu or ss of required by uy hi turn ought te have been lodge from the date by which the removed the disqualification the election commission & a he a 8 savings--(1) notwithstanding anything in section '  & we ea fs % & (b) a disqualification under clause (ce) of pat sectiee on not take effect until the expiration of two months from ; e : aie by which the return of election expenses ought to aye psa lodged or of such longer period as the election commis may jn any particular case allow ea e ea  cd ¥ ea (g) a disqualification under clause (f) of pe section ay in the case of any of the candidates for the first e ection ane this act, be removed by the election commission for r: to be recorded by it in writing ae ea a ea ae ed ed  chapter ivqualification and disqualification for membership of electoral : colleges 10, qualification fer membership of electoral colleges for certain part c states—-a person shall not be qualified to be chose as 2 member of an electoral college for any scheduled part c state, ay council of states constituency in that jess he is an elector for a stale     ¥ es  part ii  novivication or general elections chapter iparliament the council of states ion to the council of states-(1) for the 12, notification f states under the constitution purpose of constituting the council fe) i the i hall,— in due time, the president s   " ) after the names of the elected members of the heals tive o combties of part a states and part b states other than the state of jammu and kashmir first constituted under the constitution have been notified under section 67, call upon the elected members of each such assembly, by a notification in the gazette of india, to elect members in accordance with the provisions of this act and of the rules and orders made there under before such date as may be appointed in this behalf by the election commission and specified in such notification, and (®) after the names of the members of the electoral colle ges for the scheduled part c states first constituted under part iv-a of the representation of the people act, 1950 (slot of 1950), have been notified under section 67, by another notification call upon the members of the electoral college for each part ¢: ate as may be appointed in this behalf by the election commission and specified in such notification (2) for the purpose of filling the seats of members retiring on the expiration of their respective terms of office in every second year after the constitution of the council of states, the president (a) by a notification in the gazette of india, 'call upon the elected members of the legislative assembly of each of the states referred to in sub-section (1) concerned to elect members in accordance with the provisions of this act and of the rules and orders made thereunder before such date as may be appointed in this behalf by the election commission and specified in such notification, and (®) by another notification eall upon the members of the electoral college for each of the part c states and group of such states concerned to elect a member or members in accordance with the provisions of this act and of the rules and orders made thereunder before such date as may be appointed in this behalf by the election commission and specified in such notification: provided that the notifications under this sub-section shall be issued on such dates, not being more than four months prior to the date on which the term of office of the retiring members would expire under:section 154, as may be recommended in this behalf by theeléction commission 13 notification: for constitution of electoral colleges for certain part c states—for the purpose of the first constitution and of each subsequent reconstitution of the electoral cc - i part c state under part iv-a of the represent b on of t act, 1950 cxlut of 1950), the president shall by one x cations in the gazette of india call upon all council oe —— tituencies concerned to elect tpembers ie aan ae ocean _ visions of this act and of the rules anc orde ; made pe nee 3 ate or dates as may be appointed in this be al by the lection conmniseion and specified in the notification or notifications: provided that every such notification calling upon whe counc ° " i ies in ¢ e  state shall be issued, as far as constituencies in any part c ; | ; aes vey be at the same time when a notification calling upon the ree 4 bers mentary constituencies in such state to elect 3 aembet or members  ituting the house of the people in me x the purpose of constituting : p » ae ne o on the expiration of the duration of that house or on its disso tion, as the case may be, is issued the house of the people 14, general elections to the house of the people —(i) a generat election shall be held for the purpose of constituting the house o the people under the constitution in due time (2) a general election shall also be held on the expiration oh duration of the house of the people or on its dissolution in order tha a new house of the people may be constituted ——for  notification for election to the house of the people 7 the pamese of constituting the house the copie under the ons titution in due time or on the expira ion ; hy oe q or on its dissolution, the president shall, by o: in ante nolifleations published in the gazette of india on such ar tes as may be recommended by the election commission t coon a the parliamentary constituencies to elect members in accor dance with the provisions of this act and of the rules and onaers made thereunder before such date or dates as may pe appoin\ on this behalf by the election commission and specified in tion or notifications: tituting the house of the i that for the purpose of cons : p aaa the expiration of its duration, no such notification spel be issued at any time earlier than four months prior to the da eon which the duration of the house of the people would expire in ordinary course of events  stute legislatures ho state tanielans the state legislative assemblieslest aaa eetions te legislative assemblies—(1) a general shal be held for the purpose of constit ir : uting the legi i assembly of each state under the constitution in due time dunce, general election shall also be held on the expiration of a  of an assembly or on its dissolution i ; © assembly may be constituted olution in order that a new it notification for election te state legislativ i he purpose o canantating the legislative assombly of seen hage ons aon in due time or on the expiration of the duramanne a em ¥ or on its dissolution, the governor or rajoraae vublished in ate be, of the state shall, by one or more notifiba ens publish a 2 the official gazette on such date or dates as may ao < y the election' commission, call upon ali the assem! y ons auencies to elect members in accordante with the profore cen ane ne ae of the rules and orders made thereunder be- 3 ay be appointed i i election cotimission and specified in 'the notification or matiflection pp i the asani that for the purpose of constituting the legislative oeiene y ; 2 state on the expiration of its duration, no such notifithe tan en ae at any time earlier than four months prior to which the duration of the legi i ch t gislative as: state would expire in the ordinary course of events sembly of the  the state legislative councilsro 38 notifleation for election to state legislative councils —(d) en se ee of constituting the legislative council of a state e constitution in due time, th gov j the state, as the case may be, shall sevemor or ralpramukh of local oan & potitication in the official gazette call upon every orities' constituency, every graduates' i and every teachers' constituenc: fin accor sce with the every t ey to elect in accordan i provisions of this act and of the r wade then i e rules and orders mad = pointed ee or members before such date as may be "ap inted in this behalf by the electi : issi ified py itch notiitatee ae on commission and specified (b) after the names of the members of the legislative age sembly of the state first constituted under the constitution have been notified under section 67, call upon such members, by another notification in the official gazette, io elect members in accordance with the provisions of this act and of the rules and orders made thereunder before such date as may be appointed in this behalf by the election commission and specified in such notification | (2) for the purpose of filling the seats of members retiring on the expiration of their respective terms of office in every second year after the constitution of the legislative council of a state, the governor or rajpramukh, as the case may be, shall— (a) by a notification in the official gazette call upon every jocal authorities' constituency, every graduates' constituency and every teachers' constituency concerned to elect in accordance with the provisions of this act and of the rules and orders tiade thereunder a member or members before such date as may be appointed in this behalf by the election commission and , specified in such notification, and (b) by another notification in the official gazette call upon the members of the legislative assembly of the state to elect members in accordance with the provisions of this act and of the tules and' orders made thereunder before such date as may be appointed in this behalf by the election commission and specified-in such: notification: provided that the notifications under this sub-section shall be issued on such dates, not being more than four months prior to the date on which the term of office of the retiring members would ex~ pire under section 156, as may be recommended in this behalf by the election commission  part iv administrative machinery for the conpuct of election19; definition—in this part and in part v, unless the context otherwise requires, "constituency" means a council of states constituency or a parliamentary constituency or an assembly constituency ora council constituency 20, returning officer for each constituency—for each constituency there shall be a returning officer who shall be such officer of government as the election commission may, in consultation with the:government of the state in which the constituency is situated, designate or nominate: fora returning officers at other elections—the retumning officer ne conn (oer than a primary election) to fll a seat or seats 21e hof states or for an election by th i legislative assembly of or seats in the nee : y of a state to all a seat or seats in thy i ; e legislame council of the state shall be such officer of government 2s the nee ion commission may, in consultation with the government of that state, aesignate or nominate, ° 22 assistant returning officers—(1) the election commission may appoint one or more i : au persons to assist any returni f i the performance of his functions: ° ne offiese tn provided that ment at every such person shall be an officer of governot ? every assistant returning officer shall, subject to the control + 4eturning officer, be competent to perform all or any of the f tions of the returning officer: ane   %    ith 6 appointment of presiding officers for polling stations —(1) e eturning officer shall appoint a presiding officer for each ek      & ae 29 special provisions iz the case of ii i § 2 thik certain elections, —(7 th returning officer for an election (other than a primary slestion) to ll a seat or seats in the council of states or for an election by the members of the legislative assembly of a state to all a seat or seats in the legislative council of the state shall, with the previous appreval of the election commission, fix the place at which the poll will be taken for such election and shall notify the place so axed in such manner as the election commission may direct  ae x x ea ea pa30 appointment of dates for neminations, ete—ags soon as the notification calling upon a constituency to elect a member or members is issued under this act, the apprepriate authority in the case where such notification has been issued under the provisions of part ih or of this part, and the election commission in the case where such notification has been issued under the provisions of part lx, shall, by notification in the official gazette, appoint - (a) the last date for making nominations, which shall be a date not later than the fourteenth day after the date of publication of the first mentioned notification not earlier than the eighth day after the date of publication of the notification under this section; : cam (b) the date for the scrutiny of nominations, which shall be a date not later than the seventh day after the last date for making nominations; (c) the last date for the withdrawal of candidatures, which shall be the third day after the date for the scrutiny of nominations; and (d) the date or dates on which a poll shali, if necessary, be taken which or the first of which shall be a date not earlier than the thirtieth day after the last date for the withdrawal of candidatures   cod 3    b32, nomination of candidates fer eleetion—any person may be nominated as a candidate for election to fill a seat in any constituency if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act 33 presentation of nomination paper and requirements for a valid nemination—(1) on or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer or seconder, 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 subséribed by the candidate himself as assenting to the nomination and by twa persons referred to in sub-section (2) as proposer and seconder (2) any person whose name is registered in the electroal roll of the constituency and who is not subject to any disqualification mentioned in section 16 of the representation of the people act, 1950 clin of 1950), may subscribe as proposer or seconder as many nomination papers as there are vacancies to be filled but no more: provided that if the name of a person is entered more than once in the electoral roll of a constituency or is included in the electoral roll of two or more constituencies of the same class, such person shall not be entitled to subscribe as proposer or seconder more than one nomination paper for each vacancy to be filled in that constituency, or in not more than one of such constituencies of the same class (3) every nomination paper delivered under sub-section (2) shall be accompanied by a declaration in writing subscribed by the candidate that the candidate has appointed as his election agent for the election either himself or another person who is not disqualified under this act for the appointment and who shall 'be named in the déclaration, and by sach other declarations, if any, as may be prescribed, and no candidate shall be deemed to be duly nominated unless such declaration is,or all-such declarations are, delivered -along with the nomination paper: provided that in a constituency where any seat is reserved for the scheduled castes or for the scheduled tribes, no candidate shall be deeméd to be qualified to be chosen to fill that seat unless his nomi nation paper is accompanied by a declaration varified in the 'pres~ cribed manner that the candidate is a member of the scheduled castes or of the scheduled tribes for which the seat has been so reserved and the declaration: specifies the particular caste or tribe of which the candidate is a member and also the area in relation to which such caste or tribe is one of the scheduled castes or scheduled tribes; as the case may be: provided further that in a constituency where any seat is reserved for an autonomous district of assam other than the constituency comprising the cantonment:and municipality of shillong, no candidate shall be deemed to"be duly nominated forthe seat so reserved unless the nomination paper is accompanied by a declaration verified in the prescribed manner thatthe candidate is a member of any of the scheduled tribes of that 'district, and the declaration specifies partictilar tribe of -which the candidate is:a member: provided also that where any person having held any office ne red to in clause (f) of section 7 has been dismissed and ihe period of five years from the date of such dismissal has not expire oe ns = qualification, if any, under that clause has not been neme v bby fs brlection commission under clause (g) of sub-section ° ee 8, such person shall not be deemed to be duly nominated as acs i date unless his nomination paper is accompanied by a eet ea sued in the prescribed manner by the election commission " tee effect that he has not been dismissed for corruption or aisloyaly the state ee (4) any nomination paper which is not received before three ° elock in the afternoon on the last date appointed under clause (a) section 30 shall be rejected (5) on the presentation of a nomination paper, the renin officer shall satisfy himself that the names and electoral ro f aun pers of the candidate and his proposer and seconder as entere = the nomination paper are the same as those entered in the electoral rolls: provided that the returning officer may— (a) -permitany clerical error in the nomination paper = a gard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the electoral rolls; and a (b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked (6) if at the time of the presentation of the nomination paper ae returning officer finds that the name of the candidate is not reais ore ed in the electoral roll of the constituency for which he is the te we ing officer, he shall for the purposes of sub-section (5) require e person presenting the nomination paper to produce either a fopy : the electoral roll in which the name of the candidate is included or certified copy of the relevant entries in such roll (d) nothing in this-section shall prevent any candidate trom beg nominated by more than one nomination paper for -election ix the same constituency 34, deposits —(1) a candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited in the case  'on election to' parliament (other than a primary election) a sum 0 we hundred rupees, in the case of an election to the legislature of a state a sum-of two hundredand fifty rupees, and in the case of a primary election a sum of fifty rupees: provided that— (a) where the candidate is a member of any of the pened ed castes or the scheduled tribes, the amount tobe deposite by him or on his behalf shall be two hundred and fifty rupees in the ease of an election to parliament (other than a primary election), and one hundred and twenty-five rupees in case of an election to the legislature of a state; (b) where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this subsection   e ey es  ed & e bd ee35 netice of nominations and the time and place for their serutiny—the returning officer shall, on receiving the nomination paper under sub-section (1) of section 33, inform the person or persons delivering the same of the date, time and place fixed for the serutiny 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 te 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 the persons who have subscribed the nomination paper as proposer and seconder 36 scrutiny of nominations—(1) on the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer and one seconder 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, refuse any nomination on any of the following grounds: - (a) that the candidate is not qualified to be chosen to fill the seat under the constitution or this act; or (b) that the candidate is disqualified for being chosen to fill the seat under the constitution or this act; or (c) thata proposer or seconder is disqualified from subscribing a nomination paper under sub-section @) of section 33; or i (d) that there has been any failure te comply with any of the provisions of section 33 or section 343 or (2) that the signature of the candidate or any proposer or seconder is not genuine or has been obtained hy fraud (3) nothing contained in clause (c), clause (d) or clause (e) of sub-section (2) shall be deemed to authorise the refusal 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      oo ed bad eg cs & ba(2 for the purposes of this section— (a) the production of any certified copy of an entry made in the electoral roll of any constituency shall be conclusive evidence of the right of any elector named in that entry to stand for election or to subscribe a nomination paper, as the case may be, une less it is proved that the candidate is disqualified under the constitution or this act, or that the proposer or seconder, as the case may be, is disqualified under sub-section (2) of section 33; (b) where a person has subscribed, whether as proposer or seconder, a larger number of nomination papers than there are vacancies to be filled, those of the papers so subscribed which have been first received, up to the number of vacancies to be filled, shall be deemed to be valid : 37 withdrawal of candidature —(i) 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, seconder or election agent who has been authorised in this behalf in writing by such candidate: provided that if that day is a:public holiday, within the meaning of section 25 of the negotiable instruments act, 1881 (xxx of 1881) or has been notified by the state government as a day to be observed as a holiday in government offices in the state, the notice of withdrawal of candidature shall be considered as having been delivered in due time if it is delivered before three o'clock in the after noon on the next succeeding day which is neither such a public holiday nor a day so notified 88 publication of notainations— the returning officer shall, immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) o£ section 37, pre- pare and publish a list of valid nominations in such manner as may be prescribed, 39 nomination of candidates at other elections—(1) any person may be nominated as a candidate for election to all a seat in the council of states to be filled by election" by the elected members of the legislative assembly of a state or by the members of the electoral college for a part c state or group of such states or a seat in the legislative council of a state to be alled by election by the members of the legislative assembly of that state, if he is qualified to be chosen to fill that seat under the constitution and this act (2) as soon as the notification calling upon the elected members or the members of the legislative assembly of a state or the members of the electoral college for a part c state or group of such states to elect a member or members is issued under this act, the appropriate authority in the case where such notification has been issued under section 12 or section 18 or under any of the provisions of this part and the election commission in the case where such notification has been issued under section 147 or section 151, shall, by notification in the official gazette, appoint: for such: eleetion— (a) the last: date for making nominations which shalt be a date not later than the fourteenth day after the date of publication: of'the first' mentioned notification, nor earlier than the fifth day after the date of publication of the notification under this sub-section; (b) the date for the scrutiny of nominations which shall be a date not later than the seventh day after the last date for making nominations; (c) the last date for the withdrawal of candidatures which shall be the third day after the date for the scrutiny of nominations; (d) the date on which a poll shall, if necessary, be taken which'shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures (3) on the issueof,a notification under sub-section: (2), the re turning officer for the eléétion shall give publie riotice of: the intend: ed election in suchform and manner as may be prescribed inviting nominations of candidates for such' election and' specifying the place at which the nomination papers are to be delivered and (7) of o nominations tions a withr in relation ef candidates, deposits to be made drawai of candidatures at av id i a ominafo nominations of candidates, depos made 3 sach noone tions and withdrawal of candidatures at elections in any constituency other than council of states const: provided that any person who is entitled to vote ab ay seh election as is referred to in sub-section (1) shall be qualified i" oe seribe as proposer or seconder as many nomination papers at that election as there are vacancies to be filled but no more: provided further that at the time of the presentation of the nome nation paper, the returning officer may require the person presen': ing the same to produce either a copy of the electoral roll in w « the name of the candidate is included or a certified copy of the relevant entries in such roll: fanmnam in} f sions provided also that any reference in the said provisions (a) to the electoral roll of the constituency shall, unless me context otherwise requires, be construed, in the case of an eee tion by the elected members or by the members of the "eee tive assembly of a state, as references to the list of ae ' members or to the list of members, as the case may pee ' a assembly maintained under sub-section (1) of section ' an ' the case of an election by the members of the electora ° re for a part c state or group of such states as references to ¢ ist of members of such electoral college maintained under sub-sec: tion (2) of that section; (b) to section 30, to section 31 and to sub-section (2) of sect 'b-section (2) of this ion 33 shail be construed as references to su i section to sub-section (3) of this section and to the first proviso to this sub-section respectively  cuapter it candidates and their agentsi i —(1) every person nominated  appointment of election agents—( ; t ited as a candidate at an election shall before the delivery are noming i -section (1) of section 33 or under that sub-section paper under sub-sec ' ru - i i tion 39, as the case may be, ap: ion read with sub-section (4) of sec 5 p point in writing either himself or some one other person to be his election agent (2) when a candidate appoints some person other than bimseli to be his election agent he shall obtain in writing the acceptance by such person of the office of such election agent 42, revocation of the appointment, or death, of an election agent—(1) any revocation of the appointment of an election agent, whether he be the candidate himself or not, shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer (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 a return of the candidate's election expenses has been lodged in accordance with the provisioris of section 76, the candidate shall appoint forthwith either himself or some other person to be his election agent in the manner provided in section 40, and shall give notice in writing of the appointment to the returning officer 43, effect of default in appointment of election agent under section 42—(1) if the appointment of an election agent is revoked without a new appointment being made, the candidate himself shall be deemed to have been appointed or reappointed, as the case may be, his election agent (2) if the election agent (not being the candidate himself) dies and a new appointment is not made on the day of the-death or on the following day, the candidate shall be deemed to have appointed himself his election agent as from the time of the death 44, duty of the election agent to keep accounts—ivery election agent shall, for each election for which he is appointed election agent, keep separate and regular books of account, and shall enter therein stich particulars of expenditure in connection with the election as may be prescribed 45 other functions of the election agents——every election agent shall perform such other functions in connection with each election for which he is appointed election agent as are required to be performed by or under this act by such agent, 46 appointment of polling agents-a candidate who has ' been duly nominated under this act and who has not withdrawn his candidature in the manner and within the time specified in subsection (1) of section 37, or in that sub-section read with sub-section (4) of section, 39, as the case may be, or his election agent may, at least three days before the commencement of the poll, appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 er at the place fixed under sub-section (1) of section 29 for the poll, and when any such appointment is made, notice of the appointment shall be giy im the prescribed manner to such officer as may be presertbed 47 appointment of counting agents--any such candidate as is mentioned in section 46 or his election agent may, before the commencement of the counting of votes, appoint in the prescribed manner one agent and no more to be present as his counting agent al the counting of votes, and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer cuarter ot general procedure at elections 52, death of candidate before poll—if a candidate who has been duly nominated under this act dies after the date fixed for the scrutiny of nominations and a report of his death is received by the returning officer before the commencement of the poll, the returning officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the election commission and also to the appropriate authority and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election: provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: provided further that no person who has under sub-section (1) of section 37 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding 53 procedure in contested and uncontested elections—(1) if the number of candidates who were duly nominated and who have not withdrawn their candidatures in the manner and within the time specified in sub-section (1) of section 37, or in that sub-section read with sub-section (4) of section 39, as the case may be, exceeds the nitmber of seats to be filled, the returning officer shall forthwith publish in such form and manner as may be prescribed a list con- 3 taining the names in alphahetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken eq pa eo % (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 appropriate authority shall, by notification in the oficial 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 as the case may be, toe elect a person or persons to fill the remaining seat or seats before such date as may be appointed in this behalf by the election commission and specified in the notification: provided that where the constituency or the elected members or the members of the state legislative assembly or the members of the electoral college 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 appropriate authority shall not be bound to call again upon the constituency, or such members to elect a person or persons until such date as the election commission may specify in this behalf  54 special procedure at elections in constituencies where seats are reserved for scheduled castes or scheduled tribes—(1) the provisions of this section shall apply in relation to any election in a constituency where the seats to be filled include one or more seats reserved for the scheduled castes or for the scheduled tribes (hereinafter referred to as "reserved seats") (2) if the number of candidates qualified to be chosen to fill the reserved seats is equal to the number of such seats, all those candidates shall be forthwith declared to be elected to fil the reserved seats, and the procedure laid down in section 53 shall be followed for filling the remaining seat or seats (3)if the number of candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats, but the total number of candidates is equal to the total number of seats to be filled, the returning officer shall first select by lot, to be drawn by him in such manner as_he may determine, the candidates to be declared elected to the reserved 'seats out of the candidates qualified to be chosen to fill those seats'and then declare the candidates so selected to be duly elected to:fill, the reserved seats and thereafter declare the remaining candidates to be duly elected to fill the remaining seats ea (4) lf the number of candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats, and the total number of candidates also exceeds the total number of seat be filled, - the procedure laid down in sub-section (1) of section : be followed: and after the poll has been taken, the retu iicer shall first declare those who, being qualified te be chosen to fill the reserved seats, have secured the largest number of votes, to be duly elected to fill the reserved seats, and then declare such of the remaining candidates as have secured the largest number of votes to be duly elected to fill the remaining seats twustration—at an election in a constituency to fill four seats of which two are reserved there are six candidates a, b, c, d, e and f, and they secure votes in descending order, a securing the largest number b, c and d are qualified to be chosen to fill the reserved seats, while a, e and f are not so qualified the returning officer will first declare b and c duly elected to fill the two reserved seats, and then declare a and d (not a and e) to fill the remaining two seats (5) if the number of candidates qualified to be chosen to fill the reserved seats is less than the number of such seats— (a) all those candidates shall be forthwith declared to be duly elected to fill reserved seats; (b) the procedure laid down in section 58 shall be followed for filling the seats other than the reserved seats; and (c) the appropriate authority shall, by notification in the official gazette, call upon the canstituency to elect a person or persons to fill the remaining reserved seat or seats before such date as may be appointed in this behalf by the election commission and specified in the notification: provided that where a constituency having been already so called upon has failed to elect a person or the requisite number of persons to fill the reserved seat or seats, the appropriate authority shall not be bound to call again upon the constituency to elect a person or persons to fill the vacancy or vacancies until such date as the election commission may specify in this behalf (6) in this section, references to candidates shall be construed as references to candidates who were duly nominated and who have not withdrawn their candidatures jn the manner and within the time specified in sub-section (1) of section 37 "bb eligibility of members of scheduled castes or scheduled tribes to hold seats not reserved for those castes or tribes— for the avcidance of doubt it is hereby declared that a member of the scheduled castes or of the scheduled tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the constitution and this act 58 fresh poll in the case of destruction, etc, of ballot boxes,— (1) if at any election any ballot box or boxes is or are unlawfully taken out of the custedy of the returning officer or of any presiding officer, or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed or lost, the election to which such ballot box or boxes relate shall be void, but only in respect of the polling at the polling station or stations provided under section 25 or the place fixed: under sub-section (1) of section 29 for the poll, as the case may be, at which such ballot box or boxes was or were used and no further: provided that where a polling station has more than one polling booth and any such ballot box 'as aforesaid was used at one of such polling booths, the election to which such ballot box relates shall be void only in respect of the polling at the polling booth at which such box was used and no further  (2) whenever the polling at any polling station or stations or at the place fixed for the poll or at any polling booth shall become void under sub-section (1), the returning officer shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, report the matter to the appropriate authority and to the election commission and shall, with the previous approval of the election commission, appoint a day for the, taking of a fresh poll in such or every such polling station or in such place fixed for the poll or in such polling booth as the case may be, and fix the hours during which the poll will be taken, and shall not count the votes cast at such election until such fresh poli shall have been completed (3) in every such case as aforesaid the returning officer shall take a fresh poll insuch or every such polling station or in such place fixed for the poll or in such polling booth, as aforesaid on the day so appointed by him, and shall notify the day so appointed and the hours of polling so fixed by him in such manner as the election commission may direct, and the provisions of this act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll    2, bo   68 vacation of seats when elected to' both houses of parliament—(1) any person who is chosen a member of both the house of the people and'the council of states and who has not taken his seat in either house may, by notice im writing signed by him and delivered to the secretary to the election commission within oe ; +  4 po lay rs days from the date of publication in the gazette of india of = ta wie hae 4 a f ae hiipatiy declarations that he has been so chosen or, if such publications have been made on different dates, within ten days from ihe later of such dates, intimate in which of the houses he wishes to serve, and thereupon, his seat in the house in which he does not wish to serve shall become vacant,  oo a eo es eg  cg69 vacation of seats by persons already members of one house on election to other house of parliament—(1) if a person who is already a member of the house of the people and has taken his seat in such house is chosen a member of the council of states, his seat in the house of the people shall, on the publication in the gazette of india of the declaration that he has been so chosen, become vacant (2) if a person who is already a member of the council of states and has taken his seat in such council is chosen a member of the house of the people, his seat in the council of states shall, on the publication in the gazette of india of the declaration that he has been so chosen, become vacant 70 election to more than one seat in either house of parliament or in the house or either house of the legislature of a state -—if a person is elected to more than one seat in either house of parliament or in the house or either house of the legislature of a state, then, unless within the prescribed time he resigns all but one of the seats, all the seats shall become vacant  cuaprer vitpublication 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—(1) after 'the elections held in pursuance of the notifications issued under stib-section (1) of section 12, there shall be notified by the appropriate authority in the official gazette the names of the members elected by the elected members of the legislative assemblies ° the states and by the members of the electoral colleges for t e various part c states and group of such states at the said elections together with the names of the persons nominated by 'he a dent to the council under sub-clause (a) of clause (1) of article or under any other provisions  a6(2) after the elections held in any year in pursuance of the notification issued under sub-section (2) of section 12, there shall be notified by the appropriate authority in the official gazette the names of the members elected by the elected members of the legislative assemblies of the states and by the members of the electoral colleges for the various part c states and group of such states at the said elections together with the names of any persons nominated by the president to the council under sub-clause (a) of the clause (1) of article 80 or under any other provisions 72, publication of cesulis of primary elections for the censtifu tion or reconstitution of electoral colleges for certain part c states, —after the elections held in pursuance of the notification or notifications issued under section 13 for the first constitution or any subsequent reconstitution of the electoral college for a scheduled part c state, there shall be notified by the appropriate authority in the official gazette, as soon as may be after the date or the last of the dates fixed for the completion of the said elections, the names of the members elected for the various council of states constituencies at the said elections and such notification shall be in addition to the publication of the declarations under section 67 73 publication of results of general elections te the house of the people and of names of persons nominated by the president— after the elections held in pursuance of the notification or notifications issued under section 15 for the constitution of the house of the people in due time or on the expiration of its duration or on its dissolution, there shall be notified by the appropriate authority in the official gazette, as soon as may be after the date or the last of the dates fixed for the completion of the said elections, the names of the members elected for the various parliamentary constituencies at the said elections together with the names of persons, if any, nominated by the president to that house under article 331 or under any other provisions, and such notification shall be in addition to the publication of the declaration under section 67 74 publication of results of general elections to the state legislative assemblies and of names of persons nominated te such assemblies— after the elections held in pursuance of the notification or notifications issued under section 17 for the constitution of the legislative assembly of a state in due time or on the expiration of its duration or on its dissolution, there shall be notified by appropriate authority in the official gazette, as soon as may be after the date or the last of the dates fixed for the completion of the said elections, the names of the members elected for the various assembly constituencies at the said elections together with the mukh, as the case t any other provisions the publication of the declarat 75, publeation of vesulis of elections to the state legislative councils and of names of persons nominated to such ceuncils—- (d after the elections held in pursuance of the notifications issued under sub-section (1) of section 18, there shall be notified by the appropriate authority in the official gazetle the names of the merbers elected for the various council constituencies and by the members of the legislative assembly of the state at the said elections together with the names of the persons nominated by the governor or rajpramukh, as the case may be, of the state under sub-clause (e) of clause (8) of article 171 (2) after the elections held in any year in pursuance of the notifications issued under sub-section (2) of section 18 there shall be notified by the appropriate authority in the official gazette the names of the members elected for the various council constituencies and by the members of the legislative assembly of the state at the said elections together with the names of any persons nomlnated by the governor or rajpramukh, as the case may be, under sub-clause (e) of clause (8) of article 171 (3) the notification of names under sub-section (1) or sub-section (2) shall be in addition to the publication of the declarations under section 67 and shall be made as soon as may be after the last of the dates fixed for the completion of the elections under sub-section (1) or, as the case may be, sub-section (2) of section 18, and after the publication of the notification containing the names of persons nominated by the governor or rajpramukh, as the case may be, under sub-clause (e) of clause (3) of article 171  cuhaptter viielection expenses "6 return of election expenses—-(1) within the prescribed time after every election there shall be lodged with the returning officer in respect of each person who has been nominated as a candidate, a return of the election expenses of that person signed by him and his election agent (2) every such retura shall be in such form and shall contain such particulars as may be prescribed, and shall be accompanied by declarations in the prescribed form by the candidate and, his election agent made on cath or solemn affirmation before a magistrate, (3) notwithstanding anything in this section, where owing to absence from india a candidate is unable to sign the return of election expenses and to make the required declaration, the return shail be signed and lodged by the election agent only and shall be accompanied by a declaration by the election agent only, and the candidate shall, within fourteen days after his return to india, cause to be lodged with the returning officer a declaration made on oath or solemn affirmation before a magistrate in such form as may be prescribed, 77 maximum election expenses, etc—the maximum scales of election expenses at elections and the numbers and descriptions of persons who may be employed for payment in connection with elections shall be such as may be prescribed, 78 application of this chapter to certain elections—except so far as may be prescribed, this chapter shall not apply to an election (other than a primary election) to fill a seat or seats in the council of states or to 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    he % "81 presentation of petitions—(1) an election petition calling in question any election may be presented on one or more of the grounds specified in sub-sections (1) and (2) of section 100 and section 101 to the election commission by any candidate at such election or any elector in such form and within such time but not earlier than the date of publication of the name or names of the returned candidate or candidates at such election under section 67, as may be prescribed  %    82 parties to the petition—a petitioner shall join as respondents to his petition all the candidates who were duly nominated at the election other than himself if he was so nominated 83 contents of petition—(1) an election petition shall contain a concise statement of the material facts on which the petitioner relies and shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 1908 (act v of 1908) for the verification of pleadings (2) the petition shall be accompanied by a list signed and verified in like manner setting forth full particulars of any corrupt or egal practice which the petitioner alleges including as full a statement as possible as to the names of the parties alleged to have committed such corrupt or flegal practice and the date and place of the cornmission of each such practice ' (3) the tribunal may, upon such terms as to costs and otherwise as it may direct at any time, allow the particulars included in the said list to be amended or order such further and better particulars in regard to any matter referred to therein to be furnished as may in its opinion be necessary for the purpose of ensuring a fair and effectual trial of the petition 84, relief that may be claimed by the petitioner— (c) that the election is wholly void 85 petition when to be dismissed—if the provisions of section 61, section 85 or section 117 are not complied with, the election commission shall dismiss the petition: provided that if a person making the petition satisfies the election commission that sufficient cause existed for his failure to present the petition within the period prescribed therefor, the election commission may in its discretion condone such failure  cuapter tit trial of election petitions86 appointment of election tribunal—(1) if the petition is not dismissed under section 85, the election commission shall appoint an election tribunal for the trial of the petition (2) for the purpose of constituting such tribunals the election commission shall obtain from the high court of each state (other than jammu and kashmir)— (a) a list of persons who are or have been district judges in the state and who are in the opinion of the high court fit to be appointed as members of the election tribunals, and (b) a list of advocates of that high court who have been in practice for a period of not less than ten years and who are in the opinion of the high court fit to be appointed as such members, and shall maintain the lists by making such alterations therein as the high court may from time to time direct (@) every tribunal appointed under sub-section () shall consist of— (a) a chairman who shall be either a person who is or has been a judge of a high court, or a person selected by the blertion commission from the list maintained by it under clause (a) of sub-section (2); and (6) two other members of whom one shall be selected by the election commission from the list maintained under clause (a) of sub-section (2) and the other shall be selected by it from the list maintained under clause (b) of that section: provided that where the petition for the trial of which a tribu nal is to be appointed is in respect of an election to the legislative assembly or the legislative council of a state, no person who belongs to the judicial service of another state shall be selected for appointment as a member of the tribunal except with the consent of the government of the other state: provided further that nothing in this sub-section shall be deemed to prevent the appointment of a chairman of the tribunal before that' of the other members (4) if during the course of the trial, any member of a tribunal is for any reason 'unable to perform his functions or has to relinquish his membership, the election commission shall appoint another member in accordance with the provisions of sub-section (3), and upon his joining the tribunal the trial shall be continued as if he had been on the tribunal from the commencement of the trial: provided that the tribunal may, if it thinks fit, recall and reexamine any of the witnesses already examined (5) references to the tribunal in this part shall, as respects any matter to be done before the commencement of the trial, be deemed to be references to the chairman of the tribunal, (6) in this section, the expressions "district judge" and "judicial service" have the same meanings as in article 236   ed ae  ed89 attendence of law efficers—(1) the tribunal may, in the case of an elevtion petition in relation to a primary election or to an election to fill a seat in either house of parliament, require the attorney-general of india or the advocate-general of the state in which the election has taken place or some person acting under the instructions of the attorney-general or such advocate-general, an g under his i in the case of election petition in ection to fl seat in the house or either house of the leg! ve of a state, require the advocate-general of th faken place or some person ac at the trial suh- (2) the attorney-general or the advocate-general or the person acting under the instructions of the attorney-general or the advocate-general, as the case may be, shall, when 'se required, attend at the trial and shall take such part therein as the tribunal may direct 90 procedure before the tribumal—(1} the tribunal shall, as goon as may be, cause a copy of the petition together with a copy of the list of particulars referred to in sub-section (2) of section 83 to be served on each respondent and to be published in the official gazette, and at any time within fourteen days after ; such publication, any other candidate shall, subject to the provisions of section 119, be entitled to be joined as a respondent (2) subject to the provisions of this act and of any rules made thereunder, every election petition shall be tried by the tribunal, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 (act v of 1908), to the trial of suits: provided that it shall be sufficient for the tribunal to make a memorandum of the substance of the evidence of any witness examined by the tribunal and it shall not be necessary for the tribunal to take down the evidence of any witness in writing at length unless the tribunal, is, on the application of any party or otherwise, satisfied that there is any special reason for so doing: provided further that the tribunal shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings  %  ed   ey ae(4) notwithstanding anything contained in section 85, the tribunal may dismiss an election petition which does not comply with the provisions of section '81, section 88 or section 117  & 57 recrimination when seat elaimed,—(1)  ae a &provided that the returmed candidate or such other eaten er party as aforesaid shall net be entitled to give such evidence unless he has, within fourteen days from the date of the publication of the  elec tion petition under section 90, given notice to the tribunal of his ine tention to do so and has also given the security and the further security referred to in section 117 and 118 respectively , @) every notice referred to in sub-section () shall be accom panied by the statement and list of particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner, 98 decision of the tribumal—at the conclusion of the trial of an election petition the tribunal shall make an order—  we s ae (d) declaring the election to be wholly void 98 gther orders to be made by the tribunal—(i) at the time of making an order under section 98 the tribunal shall also make an order— (a) where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording--- eo  % eo es (i) the names of all persons, if any, who have heen proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with aay such recommendations as the tribunal may think proper to make for the exemption of any persons from any disqualifications which they may have incurred in' this -connection under sections 141 to 143; and  : ae  %  (2) any order as to costs under clause (6) of sub-section (1) may include a direction for the payment of costs to the law officer attending the trial in pursuance of any requisition of the tribunal under section 89 160 grounds for declaving election to be veid—(1) if the tribunal is of opinion— 5 (a) that the election has not been a free election by reason that the corrupt practice of bribery or of undue influence has extensively prevailed at the election; or by any particular commu munity, group or section, { cular way at the election; or (c) that the result of the election has been materially affected by the improper acceptance or rejection of any nomination, the tribunal shall declare the election to be wholly void explanation—in clause (b) of this sub-section, the expression "coercion or intimidation" means any interference or attempt to interfere hy whatever means with the free exercise of the right to vote or refrain from voting at an election, and includes a social or economic boycott of members of a community, group or section, or threat of such boycott, with intent to interfere with the free exercise of such right by those members (2) subject to the provisions of sub-section (3), if the tribunal is of opinion— (a) that the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by any corrupt or illegal practice; or (b) that any corrupt practice specified in section 123 has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or (c) that the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote which is veid, or by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act or of any other act or rules relating to the election, or by any mistake in the use of any preseribed form, the tribunal shall declare the election of the returned candidate to be void (3) if in the opinion of the tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice specified in section 123, but the tribunal is satisfied— (a) that no such corrupt practice was committed at the elec tion by the candidate or his election agent, and every such torrupt practice was committed contrary to the orders, and without the sanction or connivance, of the candidate or his election agent; (®) that all such corrupt practices were of a trivial and limited character or took the form of customary hospitality which did not affect the result of the election; (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at the election; and (d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents, then the tribunal may decide that the election of the returned candidate is not void ae % ea ps k  ' 104 difference of opinion among the members of the tribunal— if during the trial of an election petition there is a difference of opinion among the members of the tribunal on any matter or if at the conclusion of such trial there is a difference of opinion among them on any question regardirig the orders to be made under section 98 or section 99, the opinion of the majority shall prevail, and the orders of the tribunal shall be expressed in terms of the views of the majority 106 transmission of order to the appropriate authority, ete, and iis publications—as soon as may be after the receipt of any order made by the tribunal under section 98 or section 99, the election commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election (other than a primary election) to a house of parliament or to an election to the house or a house of the legislature of a state, also to the speaker or chairman, as the case may be, of the house concerned, and shall cause the order to be published in the gazette of india and in the official gazette of the state concerned 107 orders to take effect only on publication—an order of the tribunal under section 98 or section 99 shall not take effect until itis published in the gazette of india under section 106 cuapran iv af election petitions withdrawal and abatement & ®  ey ey & ¥ lit report of tel p the a hection come © i ication for withdrawal is g y ission— when an application tor wihnal is gran : © 'tribus 1 and no person has been substituted as petitioner under cewee tion 110, in place > party d ti f sec clause (c) of sub-section (3) © © tc withdrawing, the tribunal shall report the fact to ta mission ;    ae is tl be 419 security for costs from a respon ee et ae aioe entitled to be joined as a respondent under sub-section on may 90 unless he has, given such security for costs as the tribu r direct ;    ciee ; :  part vi in & offences / corrupt and illegal practices and electoral caapter icorrwet practices ed to practices—the following shall -be deem f this act:— 129 majer corrupt, ; be corrupt practices for the purposes © ft; offer or promise by 2 _ ribery, that is to say, any gi : re vandideie or bs agent, or by any other pert me the con i i t, of any ivance of a candidate or his agent, ' cali y person whomgoevet with the object, directly or indirectly, pp : : ; including—  ™ ©) a person to stand or not to stand as, or to withdraw from being, a candidate at an election; or (b) an elector to vote or refrain from yotin g at an election, or as & reward to— d or not stood, or for (i) a person for having 80 stoo -having withdrawn his candidature, or smatned fvom gi) an elector for having voted or retrain voting explanation—for the purposes © fication" is not restricted to pecuniary £ this clause the term "gratigratifications or gratificades all forms of entertaintions 'estimable in money, and it incl sa ment and all forms of employment or res include the payment of any expenses one ard; but it does not fide incurred at, or tered in the return 'for 'the purpose of, any election and duly « of election expense eferred to in sec i penses f fer tion 76 ed  () the incurring or authorising by a candidate or his: agent of expenditure, or the employment of any person by a candidate or his agent, in contravention of this act or of any rule made thereunder (8) the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the connivance of a candidate or his agent, any assistance for the furtherance of the prospects of the candidate's election from any berson serving under the government of india or the government of any state other than the giving of vote by such person explanation—for the purposes of this clause— (a) a person serving under the government of india shall not include any person who has been declared by the central government to be a person to whom the provisions of this clauge shall not apply; (b) a person serving under the government of any state shall include a patwari, chaukidar, dafedar, zaildar, shanbagh, karnam, talati, talari, patil, village munsif, village headman or any other village officer, by whatever name he is called, employed in that state, whether the office he holds is a whole-time office or not, but shall not inchide any person (other than any such village officer as aforesaid) who has been declared by the state government to be a person to whom the provisions of this clause shall not apply 124, miner corrupt practices—the following shali also be deemed to be corrupt practices for the purposes of this act:—     (4) the making of any return of election expenses which is false in any material particular, or the making of a declaration verifying any such return, ® %  & ®b  184, breaches of official duty in connection with elections— (1)    % (3) the persons to whom this section applies are the electoral registration officers, returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the preparation of an electoral roll, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by er under this act or by or under the representation of the people &ct, 1950 cxlit of 1950)  part viit disqualificationsdisqualifications for membership 129, offences entailing disqualification—(1) the following offences shall entail disqualification for membership of parliament and of the legislature of evety state, namely:— tk eo me  % %  (b) offences punishable under section 123 or clause (a) of sub-section (2) of section 136 of this act e   e & chapter, ii disqualification for voting 141 disqualification arising eut of conviction and comeupt prac: tices_if any person after the commencement of this ac - ; (a) is convicted of an offence punishable with imprisonment under section 171e or section 171f of the indian penal code ¢ xlv of 1860), or of an offence punishable under section or clause (a) of sub-section (2) of section 136 of this act, or  k  =  143, disqualification arising out of failure to lodge return o oes tion expenses—if default is made in making the return © henna tion expenses of any person who has been nominated asa ey at an election to which the provi oppo the nee o aan if such a return is found, either mn the tr : sey: ition under part vi or by any court in iudiciat proceedings to be false in any material particular, the candidate an cen agent shall be disqualified for voting at any election for a pe od of five years from the date by which the return was require lodged es     446 disqualification for holding certain offices—any person who— (a) has been convicted of an offence punishable with imprisonment under section 171e or section 171f of the indian perial code (act xlv of 1860), or of an offenéé punishable under section 135 or clause (a) or sub-section (2) of section 136 of this act, or , : (b) has been disqualified from exercising any electoral right or a period of not less than five years on account of any corrupt practices in connection with an election, shall be disqualified for six l years from the da icti or disqualification from— ate of suck convienee (@ being appointed to, or acting in, any judicial office; (i), being elected to any office of any local authority when the appointment to such office is by election or holding or exercising any such office to which no salary is attached; (ii) being elected or sitting or voting as a member of any local authority; or (iv) being appointed or acting as a trustee of a public trust: mong aed tat any disqualification under this section may be revi y the election commission for teast i in writing easons to be recorded by it    &  _ 148 casual vacanciesin the electoral colleges for 'certain part 'c states—when the seat of a thember elected to the electoral college for a scheduled part c state beconiés vacant or is déclaréd vacant or his election to such electoral college 'is declared void, the 'election commision shall, by a notification in the gazette' of india call upon the council of states constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this act and of the rules and orders made thereunder shall apply, as far'as may be, in- relation to the election of a member to fill 'such a vacancy ~ a       part x miscellaneous152 list of members of the state legislative assemblies and electoral colleges and of elected members of the coorg legislative council to be maintained by the returning officers 'concerned, -    & a @) the returiing officer for an 'election by the members of the électoral college fora part c state or group of such states to fill a ig: geat of seats in the council of states shall, for thé plirpdses of such sevibed manner and form election, maintain in his office in the pre @ list of members of that electoral college 153 extension of time for completion ef election-(1) [t shall be competent for the election commission for reasons which if cone siders sufficient to extend the time appointed by such commission wider the provisions of sub-section (1) or sub-section (2) 08 section 12, 'db 'section 12; of seetion 15, or section 17 of sub-ssection(2) - or sitbegeetion (2) of séetion 18 or under ay 6f-the provisions of fart 3x for the completion of any election _ (2) when the time for the completion of any election is so extended, the president or the governor or rajpramukh of the state or the election commission, as the case may be, shall by notification in the official gazette, make the necessary amendments in the notification isgtiéd if respect of suth election under any 'of the provisions referred to in sub-section (1) @ 3k a   458; return or forfeiture of deposits (1) ha candidate by whom or'on whose behalf the deposit reférred to in section 34,or im that section read with sub-section (4) of section -39 has been made withdraws his candidature in the manner and within the time specified in sub-section (1) of section 37 or in that sub-section yead with the said sub-seétion (4),or if the 'iomination of any such candidate is rejected, the deposit shall be returned to the person by whom it was ¢ péfote the cotimencement of the made and, if, any candidate dies poll, any such deposit, if made by hii, shall 'be returned to his 'legal representative or, if not made by the ¢andidate, ghall be'returned to the person by whom it was'made & e es % : & "€4) the deposit made by "or 'on héhalf 'ofa 'candidate under sec: tion 34 or under that séction 'read with sub-section (4) of 'section: 39 shall, where it is not forfeited under sub-section (2), be returned to such candidate or to the person who 'fas "made 'the deposit on his behalf, as the case may be, after the publication of the result of 'the election in the official gazette: a 'provided 'that if-a candidate 'is: duly nominatedat a general electise in' more thian'one parliamentary constituency or council of states eonstituency or assembly constituency, not more than one of the deposits made by him or on his behalf shall be returned, and the remainder shail be forfeited to the appropriate authority: ¥ hominated at an elec or at an election in a provided further that if a candidate is dul tion in more than one council constituency couneil constituency and an election by the members of the state legislative assembly to fill seats in the state legislative council, not more than one of the deposits made by him or on his behalé shall be returned, and the remainder shall be forfeited to the state government : 158 staff of every local authority to be made available for elees tien work—every local authority in a state shall, when so requestéd by the election commission or a regional commissioner appointed under clause (4) of article 324 or the chief electoral officer of the state, madé available to any returning officer such staff as may be necessary for the performance of any duties in connection -with an election : 2  extracts from the government or parr c states act, 1951 cslix or 1951)es   a  t qualification for membership of the legislative assembly—a person shall not be qualified to be chosen to fill a seat in the legislative assembly of a state unless he— (a) is a citizen of india; (b) is not less than twenty-five years of age; and (c) (%) in the case of a seat reserved for the scheduled castes or the sceduled tribes of that state, is a member of any of those castes or tribes as the case may he, and is an elector for any assembly constituency in that state; (ii) in the case of any other seat, is an elector for any assembly constituency in that state explanation—in this section, the expression "elector" in relation to a constituency, means a person whose name is for the time being entered in the electoral roll of that constituency, 8 elections to the legislative assembly—the provisions of part { and parts iii to xi of the representation of the people act, 1951 (xliti of 1951), and of any rules and orders made thereunder for the time being in force, shall apply in relation to an election to the legislative assembly of a state, as they apply in relation to an election to the legislative assembly of a part a state, subject to: such modifications as the president may, after consultation with the elec tion commission, by order direct 8 8  e e e 