 the representation of the people (amendment) bill, 1958(as introduced in lok sabha )  the representation of the people (amendment) bill, 1958 (as introduced in lok sabha) a billfurther tid amend the representation of the people act, 1950, and the representation of the people act, 1951 be it enacted by parliament in the ninth year of the republic of india as follows:-part i preliminary 5 1 this act may be called the representation of the people short title (amendment) act, 1958  part ii amendments 01' tile representation 01' the people act, 1950z in section 3 of the representation of the people act, 1950 ameddment 10 (hereinafter referred to as the 1950-act), for sub-section (i), the ofteerion 3· following sub-section shall be substituted, namely:-"(/) the allocation of seats in the house of the people shall be as ihown in the first schedule" 3 section 3a of the 19m-act shall be omitted omillion of lec:tion la j s 4 for section 7 of the 1950-act, the following seetion shall be subatltution eel el of new aec:-substitut , nam y:-don {or leo-tion 7 "7 the total number of seats in the legislative assembly total of each state specified in the first column of the second sche- ~=~ ~ dule, to be filled by persons chosen by direct election, shall be letriiiadw a  -the number specified in the second column thereof opposite to that state" am f en~rnent 5 as from the 1st day of january, 1959, in section 14 of the o ectlon 14  1950-act, in clause (b), for the words, figure and letters "the 1st day of march" the words, figure and letters "the 1st day of january" 5 shall be substituted ~e:=~~t  6 in section 17 of the 1950 act, the words "in the same state" 17 shall be omitted ~f~!~u8t!~~ 7 for section 19 of the 1950-act, the following section shall be tion for 8ec- substituted, namely: -10 tion 19 "19 subject to the foregoing provisions of this part, every person who--conditions of reaiatration (a) is not less than twenty-one )"ears of age on the qualifying date, and (b) is ordinarily resident in a constituency, 15 shall be entitled to be registered in the electoral roll for that constituency " 8 in, section 20 of the 1950-act, sub-section (1) shall be omitted 9 for !;ection 22 of the 1950-act, the following section shall be substituted, namely:-20 amendment of «non 20 substitution of new section for leedon 22 ('orrecti(>d of entriei in electoral rou "22 if the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-(a) is erroneous or defective in any particular, 25 (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or (c) should be deleted on the ground that the person concerned is dead or has' ceased to be ordinarily resident in 30 the constituency or is otherwise not entitled to be registered in that rou, the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the election commission in this behalf, amend, transpose or delete the 3s entry'i' j, omit~iod of· ' 10 section 24 of the 1950-act shall be, ojylitted sectidd l4>, 11 after section 30 of the 1950-act, the following sections be inserted, namely:-h 11 insertion of s a ncw'scctioila 31 and 32 aftcr lection 30 "31 if any person makes in or in connection with-makins of falac dcc:\arain an tions (a) a claim or an application for the inclusion electoral roll of his name, or 5 10 ! ' (b) an objection to the inclusion therein, or an application for the exclusion or deletion therefrom, of the name of any other person, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both 15 32 (1) if any electoral registration officer, assistant electoral bre~ch of registration officer or other person required by or under this act inffic~~~~! to perform any official duty in connection with the preparation, tion wit~ the revision or correction of an electoral roll or the inclusion or ex- ~fc~~r~l~ elusion of any entry in or from that roll, is without reasonable toral rolla· cause guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees 20 (2) no suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid 25 (3) no court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the election commission or the chief electoral officer of the state concerned" 12 in the first schedule to the 1950-act, the whole of part i, the amiindmcnt word and figures "part ii" and the words "as subsequently consti- ~~j~t 30 tuted" shall be omitted ' 13 in the second schedule to the 1950-act, the words, letters amendment and figures "as constituted on the 1st november, 1956", the whole of s~~~~nd column 2, and the words "as subsequently constituted or partially , re-constituted" shall be omitted and column 3 shall be re-numbered 3s as column 2 part iii  amendments of the representation of the people act, 195114 in section 2 of the representation of the people act, 1951 amcn~cdt  f f d h 1 1 a  b (herema ter re erre to as t e 95 - ct), 10 clause (d) of su -sec- of sectlod a , , 40 tion (1), the words "or in the electoral college of a union territory" shall be omitted "'~t 15 in section 7 of the 1951-act, for clause (d), the following , section 7 clause shall be substituted, namely:-"(d) if there subsists a contract entered into in the course of his trade or business by him with the appropriate government for the supply of goods to, or for the execution of any 5 works undertaken by, that government;" ii in section 8 of the 1951-act,-amendment or sectiod 8 (a) in sub-section (1), clauses (c) and (d) shall be omitredj (b) sub-section (2)· shall be omitted amendment of section 9 17 in section 9 of the 1951-act, sub-section (2) shall be omitted 10 amezumcqt of sectiun 34-18 in section 34 of the 1951-act, in sub-section (1) ,-(a) the word "and" shall be added at the end of clause (a) ; (b) the word 'and' at the end of clause (b), and the whole of clause (c) shall be omitted 15 ameddment 18 in section 39 of the 1951-act, in sub-section (2), for the ohection 39 word and figures "section 34", the words, brackets, letter cnd figures "clause (a) of sub-section (1) of section 34" shall be substituted aiaendmcot zoo in section 50 of the 1951-act, for th'e word "candidate" 20 election so wherever tt occurs, the words "contesting candidate" shall he substituted adamdment 21 in section 52 of the 1951-act, in the second proviso, the of section 52 words, brackets, figures and letter "or a notice of retirement from the contest under sub-section (2) of section 55a" shall be omitted 25 quablion of sec:tiod zz section 55a of the 1951-act shall be omitted ~~ddmalt z3 in section 56 of the 1951-act, in the proviso, for the words of section" "a constituency", the words "a parliamentary or assembly constituency" hall be substituted 24 in section 60 of the 1951-act, in clause (a) ,-a  endment of sectiun 60 (a) sub-clause (ii) shall be omitted; (b) in sub-clause (iv), the brackets and ftgur~s ii (ii)" shall be omitted 35 "61 with a view to preventing personation of electors provision may be made by rules made under this act-(a) for the marking with indelible ink of the thumb sub!ututlon 25 for section 61 of the 1951-act, the following of new sec-- 1 section shall lion for lec- hoe substituted, name y:-lion , •• spat pr0-cedure for plc"cntina j)cr'ioi1ition of elcc:tort or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him; 5 of jg~o 10 (b) for the production before the presiding officer or a polline officer of a polling station by every such eldore as aforesaid of his identity cards before the delivery of a ballot paper or ballot papers to him if under rules made fu that behalf udder the representation of the people act, 1950, electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time is such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station" 26 in section 64 of the 1951-act, for the word "candidate", ammdmeat 20 the words "contesting candidate" shall be substituted oflection 64 27 in section 67a of the 1951-act, the word, figures and amendmedt of lectioa letter "section 55a" shall be omitted 61 a 28 in section 90 of the 1951-act, in sub-section lowing explanation shall be inserted, namely:-(3), the fol- amendment of wc:tioa 90· "explanation-an order of the tribunal dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98" 29 in section u6a of the 1951- act,-amenc:lmedt ofsect10d (a) in sub-section (4), after the word and figures "section 116 a 107", the words "and a copy of the stay order shall immediately be sent by the high court to the election commission" shall be inserted; (b) after sub-section (5), the following sub-section shall be inserted, namely:-3s "(6) as soon as an appeal is decided, the high court shall intimate the substance of the decision to the election commission, and as soon as may be thereafter, shall send to the election commission an authenticated copy of the decision; and upon its receipt, the election commission shall-(a) forward copies thereof to the authorities to which copies of the order of the tribunal were forwarded under section 106, and 5 (b) cause the decision to be published in the gazette or gazettes in which that order was published under the said section" 30 in section 117 of the 1951-act, the words "the secretary to" shall be omitted 10 amendment of section ii7 31 in section 119a of the 1951-act, the words "the secretary to" shall be omitted amendment of s  ction ii9 a 32 in section 121 of the 1951-act,-amendment of section ui (a) in sub-section (1), for the words and figures "within a period of six months from the publication of such order under 15 section 106", the words "within a period of one year from the date of such order" shall be substituted; (b) in sub-section (2), for the words "six months", the words "one year" shall be substituted amencbnent of,ection uz 33 in section 122 of the 1951-act, in the proviso, for the words 20 and figures "within a period of six months from the date of publication of such order under section 106", the words "within a period of one year from the date of such order" shall be substituted 34 in section 123 of the 1951-act,-amendment of section 123 (a) for clause (1), the following clause shall be substituted, 25 namely:- (1) 'bribery', that is to say,-(a) any gift, offer or promise by a candidate or his agent or by any other person of any gratification, to any person whomsoever, with the object, directly or in- 30 directly of inducing-(a) 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 voting at an election, 35 or as a reward to-(i) a person for having so stood or not stood or for having withdrawn his condidature; or (ii) an elector for having voted or refrained from voting; (b) the receipt of, or 'agreement to receive, any gratification, whether as a motive or a reward-5 " (a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or 10 (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw his candidature  expzanation-for the purposes of this clause the term 'gratification' is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entel'tainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78" 20 (b) in clause (4), the words "or retirement from contest" shall be omitted 35 in section 134 of the 1951-act, in sub-section (3) ,-amcrdment of section (a) the words "electoral registration officers, a~istant 134· 25 electoral registration officers", (b) the words "the preparation of an electoral roll", and (c) the words and figures "or by or under the representation of the people act, 1950" shall be omitted 43 of 1950, : 36 in section 136 of the 1951-act, in sub-section (3), the words amr encl;ment  0 section 30 and figures "or, by or under the representation of tile people act, 136 43 of ig'j ' 1950" shall be omitted 37: for section 158 of the 1951-act, the following section shall be substitution b t't t d 1  o( new !u s 1 u e - name y-,('ction (or section is8 3' "158 (1) the deposit made under section 34 or under that sec- return or tion read with sub-section (2) of section 39 shall either be return- fortidcida!ture,o( can te i ed to the person making it or his legal representative or be forfeit- deposit ed to the appropriate authority in accordance with the provisions of this section (2) except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared (3) if the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, s the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be (4) subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled 10 by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected: 15 provided that where at an election held in accordance with the system of proportional repreaentation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as suf!lcient to 20 secure the return of a candidate (5) notwithstanding anything in sub-sections (2), (3) and (4),-(a) if at a general election, the candidate is a contesting candidate in more than one parliamentary constituency or 2s in more than one assembly constituency, not more than one 01 the deposits shall be returned, and the others shall be forfeited; (b) if the candidate is a contesting candidate at an election in more than one council constituency or at an 30 election in a council constituency and at an election by the members of the state legisla~ive assembly to fill seats in the legislative council, not more than one of the deposits shall be returned, and the others shall be forfeited"  statement 07 diuects alm uasonsjheobject of the present bill is to ciir1"y out c:erta1h ~ddliata in the representation of the people acta, 1150 aud 1951, whieh are considet:ed necessary in the light ofule further expetierlce ·gamed by the &ection commission and the government in tl?-e v:orkins, of these two acts since their last btnendrnlmts ih 1958 the ~tor the principal changes pto'pdied in the bul te iiveti in til  nofesoa clauses nsw dmio rli 20th novtmibir, 1958 r m ha'jailna vis - clauses 2 and 12-these two clauses seek to amend s~tion 3 ana the' first schedule to the 1950-act as after the second general elections patt'l of the first schechile showing allocation of seats in the house of the' people as first constituted has become unnecessary   clause 3-:-by this clause section 3a of the 1950-act is proposed tc! t)e ()illitted astha·~ sectionwhich provided for reservation of seats in the house of the people for scheduled castes and scheduled tribes in the quondam part c states of delhi, himachal pradesh, vindh~ pfadesh and'manipur is now spent as a consequence of t~e reorganisation of states provisions for reservation of seats for scheduled castes and scheduled tribes in the house of the people and the state legislative assemblies are now contained in the delimitation of parliamentary and assembly constituencies order, 1956 clause 4 and 13-after the second general elections references to total number of seats in the legislative assemblies as constituted on the 1st november, 1956 have become unnecessary it is accordingly proposed to amend section 7 and the second schedule to the 1950-act suitably by these two clauses clause 5-this clause seeks to change the qualifying date in relation to the preparation of n!vision of the electoral rolls for an assembly constituency from the 1st of march to the 1st of january the electoral rolls are prepared or revised by electoral registration oftlcers and assistants electoral registration oftlcers who are invariably revenue officers as the financial year closes on the 31st of march, these officers always remain extremely busy with their revenue collection work for two or three months beginning from march and are unable to give adequate attention to the preparation or revision of electoral rolls with the result that such preparation or revision is considerably delayed and it often happens that the final publication of the rolls cannot be done till after the close of the year this affects the holding of bye-elections, specially bye-el~ctions which fall due in the second-half of the year the bye-elections have either to be put off till the electoral rolls are revised or to be held on the buls of the old inaccurate rolls to get over this unsatisfactory state of affairs it is proposed to change the qualifying date by amending section 14 (b) of the 1950-act clauses 6, 8 and 9-complaints about inaccuracies in electoral rolls quite often come to the election commission inaccuracies in el~­toral rolls occur principally in two ways  in the fixst place, sometimes the names of dead and non-resideiltelectors continqe in electoral rolls long after they have died or ceas~ to reside in the constituency at present electoral registration officers have not the power to' exclude from the electoral rolls the names of dead or nonresident electors at any time this can be done only cinceat the time of the annual revision of the rolls by clause 9 of the bill it, is proposed to substitute a new section for section 22 giving· power to electoral registration officers to exclude' from the electoral rolls the names of dead or non-resident electors at any time; this power, however, shol'lld not be unrestricted and should be exercised: subject to such special or general directions 'as the ·electioricommission may issue from time to time'·   in the second place,' another ~eason for inaccuracies in the el~­toral rolls is that the name of the same ~rson may appear in l'jlqre than one place in the electoral roll for the same constituency or ip the electoral rolls of more constituen~ies ,than ,one· in the same state this defect is due to a great extent to the existing provisions o~ section 20 (1) of the 1950-act which gives an artificial meaning to the expression 'ordinarily resident': 'there is n·o reason why any person should be entitled to be registered as a voter at all merely on the ground that he owns or possesses a house in a par"ticutar locality, although he may not be resident in that locality in, the ordinary sense of the term, it is accordingly proposed hy clause 8' of the bill, to omit sub-section (1) of section 20 of the 1950-act sufficient provisions exist in the law for the safeguarding of interests of persons who are compelled by the exigencies of the offices they hold to stay away from their homes, after the> omission of sub-'section (1) of section 20, it will not be necessary to retain ·the word!;l 'in· the ~8me state' occurring in section 17 of the 1950-act, by clau~ 6 of  the bill these words are therefore proposed to be 6mitted ' czause 7-at present under section 19 of the 1950-act ordinary residence in a constituency on the qu2lifying date is a condition 'pre-  cedent to the inclusion of a person's name in' the electoral rolf of· that ~onshtuency, in iilctual ,practice it is hardly possible for the electoral registration officer to satisfy himself that an elector w'as a resident on a particular date in a constituency there is no reason why ordinary residence in a constituency should be made relatable to , a particular date this is not required' even by' the constitution -under article 326 only the age of the citizen is related to a particuiar' dat~, that is to say, a citizen wtio is ~n'ot less than twenty-on~'yors of age on such date as may be fixed in that behalf by or under law (that is, the qualifying date) is entitled to be' registered as a vot~r but' there is no such provision in reiation to ordinary residence by this clause it is accordin8ly proposed' to amend section 19 suitably so as to make only the age 'of an elector relatable to the qualifying -daie but not his residence 1ri the constituency ' ' clause lo-by this clause it is proposed to omit ~tion ~ af th~ 195,o-act as that section is' now 'spent " ,', , '  1''" "t,_ """ , " ' ~ ""',' ~ttb,~ 11~--<;~ ~ay~ ~ in w~cl\ f~l~ stmt~~~pts and d~~~p,~ ¥y~ ~ ~~, ~y pmo~ in conn~ijon with inclqs!pn o~ e~c~~o,q o~ ~~ i¥, o~ ~c?~ ~l~oral ro~s ~)' new s~tipn 31 p~~ tp be ~~ in ~~ 1~~~ct by cl~l1$e 11 su~ f~ $tat~ ~~~ ~ 4~1~~()~ ~~ ~i\d~ ~~~le ~qn 1m of the lisl-act provides for the breadl of official duty in connection with elections though electoral registration officers and assistant electoral registration officers are mentioned in that section, these oftlceni have practically no official duty to perform under that act it is, therefore, considered that' 'breach of ofticial duty by these categories of officers should be provided for in the 1950-act this is proposed to be done by new section 32 as in cla~' 11 ' ~~~~~ ~4" a,mt ibc-ln ~e union territories of hima~hal pl'a~~1\, ~~ur ila~ ~ri~~a th~ e~ect~ l1l~~~rs of the territorial coun~u  co~q~~, ~~~ th~ t~rrito~ial councils act, 1956 function ~~ the el~~ffi"~l co~~ge for the j>u~se of elections to th~, council o~ s~~ fro~ tho~ ~rritories; and in tlw union te~ritory of delhi the, co~-c~~~~$: ~~ the ~~l~ m~1wl 'co~r~tion a~~ ted" perso~, el~~ fr~~ tlw lt~w ~ and c~tonmen~ a~e,s form the elector~~ co,lle~, 'l'h~refo~~ th'7:e is j?o ~l~ti~j;\ uilder, the 1951·act to rul ~ ~i or, ~~w in ~ of th~ ~le;c~ral college:; f~om any el~to~ cojiege c~~tue,oq: ~,w,'~f~ 'or in the ~e;ctoral colleae of ~_ union terit9ry' occurring i9: section 2(1) (d) and the wbole, of clause (c) of ~~~ 34,(1) o~ th;e l~l-act are, ~fore uiu1~s­sary and proposed to be omitted by clauses 14 and 18 clquaes 15, 16 and 17-th~ languaae of section 7 (d) of the 19p1-act  which provides ~or disqualification' in case of contracts ~th the aove~ent is wide and 'va~,e enoug~ to bring any kind or cates0ry of contract within its scope and it has been a fruitful source of elect~on cusputesin "the p8st:' persons who only occasionally broad~ any'tant from the rad,io station or contribute any article to any govemmcmi publication 'may collle within the mischief of this section itt': ~ccorctin,ly--proposeq to' r~raft' section 7 (cij in a s~ple:rand -i " "  - ,,, ,  , , ' , '  , mor,e ra~~ wja7, &0 ~ t,o b~, wttl;1i:j:llts,~ only two q'8~ gories of coptract~ ~qt~ into by ~ ~s'm with tb, govti'1ull~ ia the eo~~ of ~is trade or b\¢ness tl}~ twq cattgojies are c:gdr ~for the supply of ~ and coqtracta fol' the ~fcuuon at,ad, works by way of cojl~u'ni"l ajnendmenta clau  (c) and (d) of subsection (1) of aec~o~ ~ ~b-secuoll (2) of ~hat section and sub-eection (2) of ~on 9 ~e pro~ 10 be omitted by clauaea 16 and n ciauae lq-section 39 of the 1951-act does not at presept r,~ quire any depoait5 to be made by candidates at an election to ftij seets in the council of states or a state legislative council b)' members of the leifslative assembly of a state or by the members of the electoral college of a union territory s~ch 1\ pro~ion q'ppears to be necessary in order to prevent the ftling of irrespoiljible and frivolous nomination papers accordingly it is pro~' by this clause to amend sub-section (2) of section 39 so as to make cla1:1se (~) of ~tion 3f(1) applicable to such elections ctatl8eb 20 and 26-the amendments proposed in these clauses are clarificatory cla:u8ts 21 22 and 27-seciion 5qa ot the 1951-act which w~ inserted in 1956 has proved in ita working to be most unsatisfactory both from the point of view of purity of elections and from the point of view of administrative convenience by c1,~ 2~ it is a~orq,\ngly proposed to omit this section the amendments proposed in cl~u~ 21 ~ 27 are consequential  claus, 23-s~ce tke, n~b,er of vo~f&:, ,uo~~ tq a pollina  tion ill a ccllmcil constituerwy ~ v~y m\l,c;:l:\ 8'a~ tban th, allouell to a polling station in a parliamentary or assembly constituency,  eight-hour poll in the former means a considerable waste of ti)ne and is quite unnece~y it is accordingly proposed by this clause to aplend proviso to section 56 of the le&l-act so as to make it a~ plicable only to parliamentary and asaemjly constituencies clatl8t 24-the various classes of persons specified in section 60 of the 1951-act can give theil:: vo~ only by postal ballot ud rot in any ot,her manner the persons re,ferr~ to in sub-clause (ii) of cla~se, (a) of this ~tion a!"e ap;w~\ other • tim mmisters an4 deputy min,isters of tbeujlipn ~ it baa ~ suueakd to the election cornmissj,c;>n tbat they ,,!,ould ~~ to ~q~ pe1'8onauy ill their own constituencies apd should not b:e c()m~ to give their vo_ by postal ballot it is accordin&ly: pr~ to omit 8\lb-clause (n) of cla~ (a) of section ep ' ctawte 25-the existidf provisions of section 81 of the 1951-aet provide far the markin, with indelible ink of the thumb or any qu:w" finger of every elector with a view to preventing pei:sonation of electors at the time of poll  'but even this has not been found to ,be a sufficient check for prevention of pers6nation specially in' constiiu j-encies in big cities it is, therefore, proposed by this clause to introquce further provisions in section 61 enabling rules to be made for ~he production before the presiding or the polhng officer of a polling sta~oj;l, by every clector of his identity card 'before the delivery of any ballot paper to such elector if under rules made under the 1950-act electors of the constituency have been supplied with identity cards with or without their respective photographs attached thereto ' clause 28-doubts have arisen whether otders under section 90 (3) can be treated as orders made under section 98 (a) it is accordingly proposed by this clause to insert an explanation in sub-section (3) of section 90 provided that orders under section 90 (3) shall be deemed to be orders under section 98 (a) clause 29-by this clause it is proposed to amend section 116a so as to provide for the prompt intimation being sent by the high courts to the eelection commission of stay orders llnd decisions in ~ppeal, ' clauses 30 and 31-by these clauses it is proposed to omit references to 'the secretary to the election commission' occurring in section 117 and 119a, as the question whether deposits made in favour o'f the election commission and not in favour of the secretary have been validly made, has been fought right upto the supreme court' ' clauses 32 and 33-by these clauses it is proposed to extend the period for making an application for payment of costs in an election case out of security deposits, from six months to one year the amendment proposed by clause 33 in section 122 is consequential clause 34-1n a recent case the supreme court on an interpretation ot clause (1) of section 123 of the 1951-act has held that acceptance of gratification is not included in the definition of ,the ,corrupt practice of 'bribery formerly, acceptance of gift or, gratification was a minor corrupt practice under section 124 (3) but that ent'ire section was 'omitted by the last amendment of the act wiu-~ the result that'acceptance of gift is no longer a corrupt pr{ictice it is propose i by this clause to amend section 123 (1) so as to include acceptance of gratification within the corrupt practice of bribery as there is,,no r~son why ~uch aceeptance, should not be regarc:ied as bribery clauses 35 and 36-the amendments proposed in these clauses are consequential on the proposed insertion of new section 32 in the 19m-act by clause 11 of ,the bill  clause 37-sub-section (2) of section 158 of the 1~51-:l\ct does not indicate how the number of votes polled by a candid,ate·,and the total' number of votes polled by all the candidates are to be counted at an election held in accordance with the system of proportional representation by means of the single transferable vote section 158, therefore, requires amendment in this respect in the next place, where the marking system of voting is adopted at an election in a two-member assembly or parliamentary constituency and a voter records both his votes on one single ballot paper, the rule in existin, sub-section (3) of section 158 does not give the intended result for all these purposes section 158 ,has ,been redrafted as in this clause by clawm; 25 of the representation of the people (alnenament) btll, lea, seeticin 61 of the representation of the people ad, 1981, is sbugnt to 'be amended to provide for the production of identity caras at the time of voting by voters to whom such cards have been issued in accordance with rules made in this behalf under the represmaiioil of the p~ple act, 1950 the introduction of the system df lcieihity cards wbuld involve 'ex"penditure out of the consolidtltecl fttiia of inhia as on a rough estimate the cost of preparation of an tdmtity eltd wfth ph6'fogi'aph will be near about re o' 75, although sueh cdst in the case of an identity card without qhotogtaph will tie very much less it ii, however, not possible to give an estimate of the total amount of expenditure involved in any year on this account as that would depend upon the number of conatituencies selected by the election commission for this purpose in any year and the number of voters therein the expenditure involved in the issue of identity cards will, as in the c:aae of other expenditure relating to elections, be shared between the central government and the state governments on a 50:00 bu1a  (~ or 1850)  • part ii aiiocation or seats un> delikltation of constitt1ucies th~ house oj th~ p~opl~3 (1) the allocation of seats in the house of the people as first allocation constituted under the constitution shall be as shown in part i of the tl!"e8if~~: first schedule and the allocation of seats in the house of the people of the as subsequently constituted shall be as shown in part ii of that peep • schedule -   - 3a (1) of the seats in the house of people allotted by part i ~od of the first schedule to each of the states of delhi, himachal pra- ~~e setj~u: desh and vindhya pradesh, one shall be reserved for the scheduled of t~e peocastes; and of the seats so allotted to each of the states of manipur ~~l~r c!~~­and vindhya pradesh, one shall be reserved for the scheduled tribes !:l'~ed   -   - - tribes in cert_ union tel'" the state legislative assemblies ritories 7 the total number of seats in the legislative assembly of each total state specified in the first column of the second schedule, to be nujd~er, of filled by persons chosen by direct election shall,-i:ij:c'i~~e assemblies (a) in respect of that aasemblyas constituted on the 1st of november, 1956,be the number specified in the second column thereof opposite to that state; and (b) in respect of that assembly as subsequently constituted, or in the case of the legislative assembly of andhra pradesh as partially reconstituted under the provisions of section 29 of the states reorganisation act, 1956, be the number speci- 31 of 1~,6· tied in the third column thereof opposite to that stat~    , - -  part iii electoral rolls for assembly constituencies14 in this part unless the cont(;!xt otherwise requires,-definitions (a) "constituency" means an assembly constituency; (b) "qualifying date", in relation to the preparation or revision of every electoral roll under this part, means the 1st day of march of the year in which it is so prepared or revised  - - - - 17 no person shall be entitled to be registered in the electoral roll for more than one constituency in the same state - - - - no peraan to be relistered in more thad one constituency 19 subject to the foregoing provisions of this part, ·every person who, on the qualifying date-conditions of reli~ttation (a) is not less than 21 years of age, and (b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency meanilll of "ordinarily resident"  20 (1) save as hereinafter provided, a person shall be deemed to be ordinarily resident in a constituency if he ordinarily resides in that constitueney, or owns, or is in possession of, a dwelling house therein (2) a person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein (3) a m:ember of the armed forces of the union shall be deemed to be ordinarily resident on any date in the constituency in which, but for his service in the armed forces, he would have been ordinarily resident on that date (4) any person holding any office in india declared by the president in consultation with the election commission to be an office to which the provisions of this sub-section apply, or any person who is employed under the government of india in a post outside india, shall be deemed to be ordinarily resident on any date in the constituency in which, but for the holding of any such office or employ-!1lent, he would have been ordinarily resident on that date (5) the statement of any such person as is referred to in subsection (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that but for his service in the armed forces or but for his holding any such office or being employed in any such post as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be conclusive evidence of that fact (6) the wife of any such person as is referred to in sub-section (3) or sub-section (4) shall, if she be ordinarily residing with such person be deemed to be ordinarily resident in the constituency specified by such person under sub-section (5) '" '"   22 (1) the electoral registration officer for a constituency on com:ction d h· f h t· f  tin try' of entries in application rna e to un or t e corree ion 0 an ex1s g en m electoral the electoral roll of the constituency, shall, if he is satisfied after rolls such inquiry as he thinks fit, that the entry relates to the applicant and is erroneous or defective in any particular, amend the entry accordingly (2) any person whose name is entered in the electoral roll of a constituency may apply to the electoral registration officer for transposing the entry to another place in the same electoral roll and if the electoral registration officer, after making such enquiry as he thinks fit, is satisfied that the applicant is entitled to have his name shown in that other place, he shall amend the electotal roll accordingly  '"  '" 24 (1) subject to the provisions of sf'ctions 16, 17 and 18 every temporary person who has been registered before the 16th day of december, pro,!ilir" 1956, as a citizen of india under clause (a) of sub-section (1) of aec- ~'f ~r::n:is~od tion 5 of the citizenship act, 1955, shall be entitled to be registered rew~-in the electoral roll for 8 constituency, if that person on the 1st day :t:izens of march, 1956, was not less than 21 years of age and was ordinarily resident in that constituenc~t (2) every authority registering as citizens of india under the said clause (a) persons ordinarily resident in a constituency shall, as soon '8s may be after the 31st day of october, 1956, and not later than the 31st day of december, 1956, send to the electoral registration officer for the constituency a list in tpe prescribed form of all persons so registered who on the 1st day of march, 1958, were not less than 21 years of age (j) upon receiving a list under sub-section (2), the eleetoral registration officer shall, after inquiring into the correctness of ute - list in such manner as may be prescribed, direct the inclusion in the electoral roll of the names of all persolu iacluded in the list who, in his opinion, are entitled to be registered in the electoral roll for the constituency under sub-section (1) - - - the first schedule  (see section 3) pabtialloc«tion of seats in the ho'iim of the people as first constituted u7ld~ the constituticm | nallle       | ,               | state    |     ||--------------|------------------|----------|-----|| total        |                  |          |     || dumber       |                  |          |     || elleecl      |                  |          |     || i            |                  |          |     || 2            |                  |          |     || 'ar,         |                  |          |     || a            | suiui            |          |     || i           |                  |          |     || addbnl       |                  |          |     || 2           |                  |          |     || alum         |                  |          |     || 3           | bihar            |          |     || 4-           |                  |          |     || bombay       |                  |          |     || ,           | mldhya pradeab   |          |     || 6           |                  |          |     || madrae       | -                |          |     || 1           |                  |          |     || 0i;i         |               |          |     || •• punjab    |                  |          |     || 1           |                  |          |     || ,           | uttar            |          |     || pradesh      |                  |          |     || 10          |                  |          |     || west         |                  |          |     || boiiiii1     |                  |          |     || i'litt       |                  |          |     || 1l           | 8t4tu            |          |     || i           |                  |          |     || hyderabad    |                  |          |     || as           |                  |          |     || 6            |                  |          |     || ii           |                  |          |     || 12           |                  |          |     || s            |                  |          |     || 2           |                  |          |     || jammu        | md2kaahmir       |          |     || 3           | m8dhya           |          |     || bharet       |                  |          |     ||  mjlore  |                  |          |     || ,           | patiaja          | uld      | eut || 6           |                  |          |     || rail8tbm     |                  |          |     || 7           |                  |          |     || saunahtra   |                 |          |     || b           | trandcore-cochia |          |     || 1;)          |                  |          |     || 6            |                  |          |     || i2           |                  |          |     || 1'-('0    |                  |          |     || stljlu       |                  |          |     || 2            |                  |          |     || 2            |                  |          |     || i           |                  |          |     || a,mer        |                  |          |     || s           |                  |          |     || db           |                |          |     || 3·           |                  |          |     || coora        |                  |          |     || 4           |                  |          |     || j)eihi       |                  |          |     || 5           | hlmacbal:prlda |          |     || 6           | itatch           |          |     || i            |                  |          |     || 4            |                  |          |     || 4            |                  |          |     || 3            |                  |          |     |name of state or 1j'e88 total number ofeati 2 2 :i 6 7 mmipur 8 tripura - 9 vindhya pradesb 10 andaman and nicobar islands | i             ||---------------|| part b tribal || area          || 1             || total         || 497-          | allocation of seats in the houss of lhe people as subsequently ccmstituted the second schedule (s" aec:tion 1) total number oj ,eats in the lf!gislative assemblif!'| total number of    | aeats    ||--------------------|----------|| in                 |          || the                |          || legislative        | assembly || name               | of       || as                 |          || constituted        |          || on                 |          || the                |          || lit                |          || november,          |          || 1956               |          || as                 |          || subsequently       |          || contituted        |          || or                 |          || partially          |          || reconstituted      |          || 2                  |          || 3                  |          || i                 |          || 2                 |          || 301                |          || 105                |          || 318                |          || 3·                 |          || ~                 |          || 397                |          || 108                |          || 330                |          || 469                |          || 391'i              |          || 12'                |          || 231                |          || 339                |          || 189                |          || 20s                |          || 208                |          || 209                |          || 5·                 |          || 6                 |          || 7                 |          || 8                 |          || ,                 |          || 10                |          || ii                |          || 12                |          || 1~f)               |          || is4                |          || 17'                |          || 430                |          || 13·                |          || andhra pradesh     |          || assam              |          || bihar -            |          || bombay             |          || kera!             |          || madhya pradesh     |          || madras             |          || mysore             |          || orisia             |          || punjab             |          || ralasthan          |          || uttar              |          || pradesh            |          || weat               |          || bmp!               |          || -                  |          || -                  |          || -                  |          || -                  |          || i~o                |          || 186                |          || 189                |          || 43°                |          || 349                |          || -                  |          || :&52               |          || -                  |          |- - - - - - part i  pltelimin aryintelp,etation 2 (1) in this act, unless the context otherwise requires,-- - - - - - (d) "election" meat:ls 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 or in the electoral college of a union territory  - - - - - -  part ii qualifications and disqualifications for membership - • - • - • chapter ill-disqualifications~~~~uf~~ca-7 a person shall be disqualified for being chosen as, and for being, membership a member of eith~r house of parliament or of the legislative assemof pnliabi l' i t' c '1 f st t ment or of a y or ~gls a ive ouncl 0 a a e-state leah-- - - ltllre - - - (d) if, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account, he has any share or int~rest in a contract for the supply of goods to, or for the execution of any works or the performance of any services undertaken by, the appropriate government; - - - - -  savinp 8 ~1) notwithstanding anything in section 7-- - - - - - (c) a disqualification under clause (d) of that section shall not, where the share or interest in the contract devolves on a person by inheritance or succession or as a legatee, executor or administrator take effect until the expiration of six months after it has so devolved on him or of such longer period as the election commission may in any particular case allow; (d) a person shall not be disqualified under clause (d) of that section by reason of his having a share or interest in a contract entered into between a public company of which he is a shareholder but is neither a director holding an office of profit under the company nor a managing agent and the appropriate government; - -   - - (2) nothing in clause (d) of section 7 shall extend to a contract entered into between a co-operative society and the appropriate government 9· (1) in this chapter-interputa-(ion, etc (a) "appropriate government" means in relation to any disqualification for being chosen as or for being a member of either hous'e of parliament, the central government, and in relation to any disqualification for being chosen as or for being a member of the legislative assembly or legislative council of a state, the state government; 7 of 1913 (b) "public company" means a public company as defined in section 2 of the indian companies act, 1913 (2) for the avoidance of doubt it is hereby declared that where any such contract as is referred to in clause (d) of section 7 has been entered into by or on behalf of a hindu undivided family and the appropriate government, every member of that family shall become subject to the disqualification mentioned in th~ said clause; but where the contract has been entered into by a member of a hindu undivided family carrying on a separate business in course of such busin~ss, any other member of the said family having no share or interest in that business shall not become subject to such disqualification - - - - - - part v  conduct of electionschapter i-nomination of candidates - - - - - - 34 (1) a candidate shall not be d~emed to be duly nominated for depolitl election from a constituency unless he deposits or causes to be dleposi ted-(a) in the case of an election from a parliamentary constitu~ncy, a sum of five hundred rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum 01 two hundred and fifty rupees; (b) in the case of an election from an assembly or council constituency, a sum of two hundred and fifty rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of one hundred and twenty-five rupees; and (c) in the case of an election from an electoral colleie constituency, a sum of fifty rupees: provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not mo~ than one deposit shall be required of him under this subsection  - - - - - - nomijuition of candidatea at o:her dectioru 31 (1) - - - - - (2) the provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and section 34, shall apply in relation to any such election as they apply in relation to an election in any constituency: provided that-(a) any references in the said provisions to the electoral roll of the constituency shall, unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the legislative assembly of th£ state, as references to the list of members or elected members, aoi the case may be, of that assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a union territory, as references to the list of members of such electoral college maintained under subsection (2) of that section; (b) any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and (c) at the time of presenting the nomination paper, the returnini officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or 8 certified copy of the relevant entries in such roll - - - - -  chapter n-candidates and their agents - '" - - - - 50 (1) at every election where a poll is taken, each candidate at at'endan~e such election and his election agent shall have a right to be present ~~;~ ~s:~is at any polling sttition provided under section 25 for the taking of the election i poll or at the place fixed under sub-section (1) of section 29 for the ~n!t!~i:s-, poll and perf ormarce,by (2) a candidate or his election agent may himself do any act or ~cti~d~h~f thing which any polling agent or the counting agent of such candi- a polli~g date, if appointed, would have been authorized by or under this act ~~~~~i~~ to do, or may assist any polling agent or the counting ageat of such agent candidate in doing any such act or thing '" '" '" '" chapter iii-general procedure at elections 52 if a contesting candidate dies and a report of his death is death of received before the commencement of the poll, the returning officer ~~~~~~i1 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 person who was a contesting candidate at the time of the countermanding of the poll: provided further that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 37 or a notice of retirement from the contest under sub-section (2) of section 55a before the countermanding of th~ poll shell be ineligible for being nominated as a candidate for the election after such countermanding '" '" '" '" - "'55a (1) the provisions of this section shall apply in relation to retirement any election in a parliamentary or assembly constituency from c~dtest at elections (2) a contesting candidate may retire from the contest by a ill parlianotice in the prescribed form which shall be delivered to the return- ~sc;::rt!jyand ing officer between the hours of eleven o'clock in the forenoon and c~nstituen­three o'clock in the afternoon of any day not later than ten days cles prior to the date or the first of the dates fixed for the poll under clause (d) of section 30 either by such candidate in person or by an agent authorised in this behalf in writing by such candidate (3) no person who has given a notice of retirement under sub-&lection (2) shall be allowed to cancel the notice (4) the returning officer shall, upon receiving a notice of retire  ment under sub-section (2) cause a copy thereof to be affixed to his notice board and also to be published in such manner as may be prescribed (5) any person who has given a notice of retirement under subsection (2) shall thereafter be deemed not to be a contesting candidate for the purposes of section 52 (6) where by reason of any retirement from the contest under this section, the nwnber of remaining contesting candidates becomes equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats and countermand the poll (7) where by reason of any retirement from the contest at an election to which the provisions of section 54 apply the number of remaining contesting candidates qualified to be chosen to fill the reserved seats becomes equal to the number of such seats, the returning officer shall forthwith declare all those candidates to be duly elected to fill those seats and countermand the poll in so far fis it relates to elections for filling those seats and the procedure laid down in section 53 shall be followed for filling the remaining seat or seats, if any  chapter iv-the pollfillina time 56 the election commission shall fix the hours during which for poll the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed: provided that the total period allotted on anyone day for polling at an election in a constituency shall not be less than eight hours  - - - - - - special pro-60 without prejudice to the generality of the provisions contained ced!lre bfor in section 59, provision may be made by rules made under this act vot~ y eertaijl claa- for enabling-::~f per-(a) any of the following persons to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:-(i) a member of the armed forces of the union to whom the provisions of sub-section (3) of section 20 of th'e representation of the people act, 1950 apply; 43 of 15150 (ii) a person holding fmy office in india declared by the president to be an office to which the provisions of subsection (4) of that section apply; (iii) a person who is employed under the government of india in a post outside india; (iv) the wife of any such j!lerson as is referred to in subclauses (i), (ii) and (iii) to whom the provisions of sub-section (6) of the said section 20 apply; (b) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules 61 provision may also be made by rules made under this act sedpecial  pro-c ure ,or for the marking with indelible ink of the thumb or any other finger preventin, of every elector who applies for a ballot paper or ballot papers for rr~:~ the purpose of voting at a polling station before delivery of such paper or papers to him and for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger so as to prevent personation of electors  - - - - -  chapter v-counting of votes64 at every election where a poll is taken, votes shall be counted coudtiq , by, or under the supervision and direction of, the returning officer, vote • and each candidate, his election agent and his counting agents, shall have a right to be present at the time of counting  - - - - - 67a for the purposes of this act, the date on which a candidate nate 01 is declared by the returning officer under the provisions of section =~~ 53, section 54, section 55a or section 66, to be elected to a house of parliament or of the legislature of a state shall be the date of election of that candidate  - - - - - -  part vi disputes regahding electionsprocedure before tile ttibudal chapter ill-trial of election petition! to (1) - - - - - - - - - - - (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 section 85   chapter iv a-appealsappeals against orders of election tribunals 116a (1) - • - • - - -   - -  (4) where an appeal has been preferred against an order made under clause (b) of section 98, the high court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed never to have taken effect under sub-section (1) of section 107    -   chapter v-costs and security for costsdeposit llf security 117 the petitioner shall enclose with the petition a government treasury receipt showing that a deposit of one thousand rupees has been made by him either in a government treasury or in the reserve bank of india in favour of the secretary to the election commission as security for the costs of the petition  - -  - security (or cost of appeal 119a every person who prefers an appeal under chapter iva shall enclose with the memorandum of appeal a government treasury receipt showing that a deposit of five hundred rupees has been made by him either in a government treasury or in the reserve bank of india in favour of the secretary to the election commission as security for the costs of the appeal • - -  payment 121 (1) if in any order as to costs under the provisions of this o1'co5t8 ph'd'  f out of art t ere is a lrection or payment of costs by any party to any dsecurity d person, such costs shall, if they have not been already paid, be paid eposits an return of in full, or so far as possible, out of the security deposit and the further ~~~sits security deposit, if any, made by such party under this part, on an application made in writing in that behalf within a period of six months from the publication of such order under section 106 to the election commission by the person in whose favour the costs have been fwarded (2) if there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of six months, the whole of the said security deposits may, on an application made in that behalf in writing to the election commission hy the person by whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such· person, be returned to the said person or to his legal repre  sentative, as the case may be 122, any order as to costs under the provisions of this part may execution of b d d b f h "1' 'i t f " i" "d' t" orders as to e pro uce e ore t e prmclpa civl cour 0 origma juris ic ion costs within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section within a period of six months from the date of publication of such order under section 106 unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section  part vii corrupt practices and electoral offences chapter i-cormpt practices123 the following shall be deemed to be corrupt practices for corrupt the purposes of this act:-practices (1) bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person, of any gratification to any person whomsoever, with the object, directly or indirectly of inducing-(a) a person to stand or not to stand as, or to withdraw from being, a candidate, or to retire from contest at an election' , , (b) an elector to vote or refrain from voting at an election, or as a reward to-(i) a person for having so stood or not stood, or for having withdrawn his candidature, or for having retired from contest; or (ii) an elector for having voted or refrained from voting explanation-for the purposes of this clause the term "gratificatipn" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward; but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in aectian 78 - - - - - - (4) the publication by - candidate or his agent or by any other person, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal eharacter or conduct of any candidate, or in relation to the candidature, or withdrawal, or retirement from contest of any candidate, being a statement reasonably calculated to prejudice the prospecta of that candidate's election - - - - - - blac:hea of official duty in copoe<:tion with election • cuapte iii-electoral offence, - - - - - 1m (1) - - - - - - • - - - - • - - - • - (3) the persons to whom this section applies are the electoral registration officers, assistant electoral registration ofticers, 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 or under this act or by or under the representation of the people act, 1950 - - - - - - 136 (1) - - • - • -   other offenc;a and penalties therefor '" - • (j) for the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "oiicial duty" shall not include any duty imposed otherwise than by - - or under this act or by or under the representation of the people 43 of 1950 act, 1950 - - - part x misc!llaneous - - - - - - ftturn or 15s (1) if a candidate by whom or on whose behalf the deposit ~=~~ of referred 19 in section 34 has been made withdraws his candidature in the manner and within the time specified in sub-section (1) of section 37, or if the nomination of any such candidate is rejected, the deposit shall be returned to the person by whom it was made and, if any candidate dies before the commencement of the poll, any such deposit, if made by him, shall be returned to his legal representative or, if not made by the candidate, shall be returned to the person by whom it was made (2) if a candidate nominated under section 32 by whom or on whose behalf a deposit has been made under section 34 is not elected, and the number of votes polled by him does not exceed one-sixth of the total number of votes polled or, in the case of a constituency returning more than one member, one-sixth of the total number of votes polled divided by the total number of members to be elected, the deposit shall be forfeited to the appropriate authority (3) for the purpose of sub-section (2), the number of votes polled shall be deemed to be the number of ballot papers, other than rejected ballot papers, counted (4) the deposit made by or on behalf of a candidate under section 34 shall, where it is not forfeited under l!iub-section (2), be returned to such candidate or to the person who has made the deposit on hit behalf, as the case may be, after the publication of the result of the election in the official gazette: provided that if a candidate is duly nominated at a general election in more than one parliamentary constituency or assembly constituency, not more than one of the deposits made by him or on his behalf shall be returned, and the remainder shall be forfeiied to the appropriate authority: provided further that if a candidate is duly nominated at all election in more than one council constituency not more than one of the deposits made by him or on his behalf shall be returned, and the remainder shall be forfeited to the state government  - - - - - - -  a billfurther to amend the repre~entation of the people act, 1950, and the representation of the people act, 1951 the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the con~ideration of the bill m n kaul, secretary - (shri r m hajarn{1'{)is, deputy minister of law) 