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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 56] NEW DELHI, TUESDAY, DECEMBER 13, 1966/AGRAHAYANA 22,1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 13th December, 1966/Agmhayana 22, 1888 (Saka)

The following Act of Parliament received the assent of the President on the 13th December, 1966, and is hereby published for general information: —

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1966 No. 47 OF 1966

[13th December, 1966]

An Act further to amend the Representation of the People Act, 1950, and the Representation of the People Act, 1951

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Representation of the People (Amendment) Act, 1966.

Short

title and

com-

mence-

ment.

(615)

919 G. of I—1

(2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint, and diffe- rent dates may be appointed for different provisions of this Act.

CHAPTER II

43 of 1930, AMENDMENT OF THE REPRESENTATION OF THE PEOPLE ACT, 1950 2. For sections 3 and 4 of the Representation of the People Act, L950 (hereafter in this Chapter referred to as the 1950-Act), the 'ollowing sections shall be substituted, namely: —

"3. The allocation of seats to the States In the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be as shown in the First Schedule.

Substitu- tion of new sec- tions for sections 3 and ⁴> Allocation of seati In the House of the People.

4. (1) The seat allotted in the House of the People under section 3 to the Part B tribal areas shall be the seat to be filled by a person nominated by the President.

(2) Save as aforesaid, all the other seats in the House of the People allotted to the States under that section shall be seatB to be filled by persons chosen by direct election from parlia- mentary constituencies in the States.

Filling of aeataIn the House of the People and par- liament- ary consti- tuencies.

(3) Every parliamentary constituency referred to In sub-

section (2) shall be a single-member constituency.

(4) Every State to which only one seat is allotted under

section 3 shall form one parliamentary constituency.

31 of 1956.

61 of 1962, (5) Save as provided in sub-section (4), the extent of all parliamentary constituencies in each of the States of Haryana, Punjab and Himachal Pradesh shall be as determined by the order of the Delimitation Commission made under the provi- sions of the Punjab Reorganisation Act, 1966, and the extent of all other parliamentary constituencies shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Commission Act, 1962, or, as the case may be, under the provisions of the Government of Union Territories Act, 1963.".

20 of 1963.

Provision as to sitting members in certain cases.

3. Notwithstanding anything contained in section 2 the members representing immediately before the commencement of this Act each of the States of Jammu and Kashmir and Nagaland and each of the Union territories of the Andaman and Nicobar Islands, the Laccadive, Minicoy and Amtndivi Islands and Dadra and Nagar Haveli in the present House of the People shall continue to represent each such State or each such Union territory until the dissolution of the present

House of the People and so often as before such dissolution any seat allotted to each such State or to each such Union territory in the present House of the People becomes vacant, it shall be filled by a person nominated by the President and that person shall represent that State or that territory in the present House of the People until its dissolution.

4. For section 7 of the 1950-Act, the following shall be substituted, namely: —

Substitu- tion of new sec- tions for section 7.

"7. (/) The total number of seats In the Legislative Assem- bly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constitu- encies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Total number of seats in Legis- lative As- semblies and as. sembly constitu- encies, Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legisla- tive Assembly of the State of Nagaland shall be forty-six, of which—

(a) six seats shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that council may, by notification In the Official Gazette, specify, and

Co) the remaining forty seats shall be filial by persons chosen by direct election from assembly constituencies ir. the rest of the State. (2) Every assembly constituency referred to in sub-sectior

(1) shall be a single-member constituency.

27 of 1962.

31 of 1968.

61 of 1962.

(3) The extent of each assembly constituency in the Statt of Nagaland shall be as determined by the order of the Electioi Commission made under the provisions of the State of Nagalanc Act, 1962; and the extent of each assembly constituency in eacl of the States of Haryana, Punjab and Himachal Pradesh shal be as determined by the order of the Delimitation Commissioi made under the provisions of the Punjab Reorganisatioi Act, 1966, and the extent of each assembly constituency in anj other State shall be as determined by the order of the Delimita- tion Commission made under the provisions of the Delimitatior Commission Act, 1962, or, as the case may be, under the provi- sions of the Government of Union Territories Act, 1963.

20 of 1963.

THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES ORDER

Consoli- dation of delimita- tion orders.

8, (1) As soon as may be, after all the orders referred to in sub-section (5) of section 4 or in sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly cons- tituencies have been made by the Delimitation Commission or, as the case may be, the Election Commission and published in the Official Gazette, the Election Commission shall, after mak- ing such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parlia- mentary and assembly constituencies as given in such orders, con- solidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 1966 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of sec- tion 4 or in sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any court.

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

9. (i) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned,—

(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, or any error arising therein from inadvertent slip or omission;

Power of Election Commis* sion to maintain Delimita- tion Order up-to- date.

(fa) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be neces- sary or expedient for bringing the Order up-to-date. (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and the Legislative Assembly of the State concerned.". 5. After section 13A of the 1950-Act, the following section shall

be inserted, namely: —

Insertion of new- section 13AA. District election officers.

"13AA. (1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be an officer of Government:

Provided that the Election Commission may designate or nominate more than one such officer for a distdict if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer.

(2) Where more than one district election officer are desig- nated or nominated for a district under the proviso to sub- section (/), the Election Commission shall in the order designa- ting or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(3) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district.

(4) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.".

Amend- ment of section 13B.

6. In section 13B of the 1950-Act, in sub-section (1), for the words "for a parliamentary constituency in each of the Union terri- tories of Delhi, the Andaman and Nicobar Islands, the Laccadive, Minicoy and Amindivi Islands and Dadra and Nagar Haveli", the words "for each parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly" shall be substituted.

7. For section 13D of the 1950-Act, the following section shall be substituted, namely:—

Substitu- tion of new sec. tion for section 13D.

Electoral rolls for parlia- mentary encies.

"13D. (1) The electoral roll for every parliamentary consti- tuency, other than a parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legis- lative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary consti- tuency:

Provided that for the period referred to in clause (2) of article 371A, it shall be necessary to prepare and revise separate- ly the electoral roll for that part of the parliamentary constitu- ency of Nagaland which comprises the Tuensang district and the

provisions of Part III shall apply in relation to the preparation and revision of the electoral roll of the said part as they apply in relation to an assembly constituency.

(2) The provisions of Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.".

8. In section 20 of the 1950—Act,—

(a) for sub-section (3), the following sub-section shall be Amend- ment of section 20.

substituted, namely: —

"(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the consti- tuency in which, but for his having such service qualification, he would have been ordinarily resident on that date.";

(b) in sub-section (4), the words "or any person who is em- ployed under the Government of India in a post outside India," and the words "or employment" shall be omitted;

(c) In sub-section (5),—

(i) for the words "but for his service in the armed forces or, as the case may be, the armed police force", the words "but for his having the service qualification" shall be substituted;

(ii) the words "or being employed in any such post" shall be omitted; and

(Hi) for the words "conclusive evidence of that fact", the words "accepted as correct" shall be substituted; (d) after sub-section (6), the following sub-sections shall be inserted, namely: —

' (7) If in any case a question arises as to where a perpon is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Com- mission.

(8) In sub-sections (3) and (5) "service qualification" means—

(a) being a member of the armed forces of the Union; or

(b) being a member of a force to which the provi- sions of the Army Act, 1950, have been made applicable whether with or without modifications; or

(c) being a member of an armed police force of a State, who is serving outside that State; or

(d) being a person who is employed under the Gov- ernment of India, in a post outside India.'.

9. In section 21 of the 1950-Act, for sub-section (2), the following sub-section shall be substituted, namely: —

A-mend- nent of section 21.

"(2) The said electoral roll—

(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date—

(i) before each general election to the House of the People or to the Legislative Assembly of a State; and

(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and (b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission:

Provided cnat if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected,".

10. For section 23 of the 1950-Act, the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 23.

"23. (/) Any person whose name is not included in the elec- toral roll of a constituency may apply to the electoral registra- tion officer for the inclusion of his name in that roll.

Inclusion of names in elec- toral rolls.

(2) The electoral registration officer shall, if satisfied thai the applicant is entitled to be registered in the electoral roll direct his name to be included therein:

Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration office] shall inform the electoral registration officer of that other con stituency and that officer shall, on receipt of the information strike off the applicant's name from that roll.

(3) No amendment, transposition or deletion of any entrj shall be made under section 22 and no direction for the inclusioi of a name in the electoral roll of a constituency shall be givei under this section, after the last date for making nominations to an election in that constituency or in the parliamentary const

tuency within which that constituency is comprised and before the completion of that election."-

11. In section 24 of the 1950-Act, the word "and" occurring at the

end of clause (a) shall be omitted and clause (b) shall be omitted.

12. In section 28 of the 1950-Act, in sub-section (2), for clause (a),

the following clauses shall be substituted, namely: —

Amend- ment of section 24. Amend- ment of section 28.

"(a) the determination of ordinary residence under sub-

section (7) of section 20;

(aa) the particulars to be entered in the electoral rolls;".

13. For the First Schedule to the 1950-Act, the following Schedule

shall be substituted, namely: —

"THE FIRST SCHEDULE

Substitu- tion of now Schedule for First Schedule

(See section 3)

Allocation of seats in the House of the People

in the

:ed on the

,1966

Number of seats in the House as subsequently constituted

Number of seats House as coiistitut ist November.

territory or area

Reserved Reserved

Reserved

Total for the

Reserved

for the

Total for the for the

Scheduled Castes

Scheduled Scheduled Scheduled Tribes Castes Tribes

2

1

6

3

4

7

5

I. STATES:

2

43

6 1

12

53

6 I 7 1

22

2 2 5 3

2 5 3

7 2 2

2

8

41 14 53 24 9

t ,

1. Andhra Pradesh 2. Assam 3. Bihar 4. Gujarat . 5. Haryana . 6. Jammu and Kash-

2

8

7

2

3

2 5 7 5 3

5 7 3 4

6 18 36 41 44 26 1

6 19 37 39 45 27 1

20

20

5

4

2

13 22

3

2

13 23 85 40

2

4 3 3 18 6

3 3 4 iS 8

mir 7. Kerala 8. Madhya Pradesh 9, Madras . 10. Maharashtra 11. Mysore . 12. Nagaland 13. Orissa 14. Punjab . 15. Rajasthan 16. Uttar Pradesh . 17. West Bengal .

86 36

4

5 6

7

I 3

11. UNION TERRITORIES;

ar

i. Andaman ^nd Nicob

1

1

1

Islands 2. Chandigarh 3. Dad ra and Nagur

1

<

Haveli

1

1

7

r 5

-|. Delhi 5. Gun, Daman .md

3

Diu

T

T

6

,.

5

fS, llirnachul Pradesh /. L.iecadivcj Minicoy

1

i

r

1

2

2

1

1

T

and Amindivi Islands. . 3. Manipur . 9. Pondiclierry

~>

1

1

2

io, Tripura .

m.—AREA : North East Frontier

1

7

Tract

508

76

TO'IAL

5 21

37-"-

77

31

14. For the Second Schedule to the 1950-Act, the following

Schedule shall be substituted, namely:—

"THE SECOND SCHEDULE

(See section 7)

Substitu- tion of new Schedule for second Schedule.

Total yiuiriber of seats in the Legislative Assemblies

Number of seats in the Legislative Assembly as subsequently constituted

Number of seats in the Legislative Assembly as constituted on the

Ist November, T966

1\ d l l lt U L LUC CH-tllCy ~—

Reserved Resolved

Union territory Reserved

Total for the Schedu- led Castes

Reserved

for the

Schedu-

led

Tribes

Total for the for the Schedu- Schedu- led led Castes Tribes

2

1

6 7

3

5

4

I. STATES :

11

3 00

40

ir

287

TO 1. Andhra Pradesh 2. Assam

10s

126

8

23

43 5

919 G. of 1—2

->

I

6

4

3

7

5

318

40

318

29

45

TI

3² 21

168

22

IT

154

10

8T

54

15

Tl

II

133

288

296

61

43

39

54

¹

234

206

²

42

37

264

15

16 3. Bihar 4. Gujarat . 5. Haryana . 6. Kerala 7. Madhya Pradesh 8. Madras . 9. Maharashtra

H

¹

33 28

29

2

46

46

140

29

22

25

34

20

87

28

20

176

21

430

89

²3 3¹ 89

252

10. Mysore . 11. Nagaland 12. Orissa 13. Punjab . 14. Rajasthan 15. Uttar Pradesh . 16. West Bengal

17

15

45

56

II. UNION TERRITORIES

1. Goa, Daman and

30

Diu

30

60

54

3

30

30

9

30

5

5

30

2. Himachal Pradesh 3. Manipur' . 4. Pondicherry 5. Tripura .

3

30 3°

9.".

CHAPTER III

15. In section 2 of the Representation of the People Act, 1951

[hereafter in this Chapter referred to as the 1951-Act),—

Amend- ment of section 2.

(a) in sub-section (/),—

(i) after clause (c), the following clause shall be in-

serted, namely: —

'(cc) "district election officer" means the officer designated or nominated under section 13AA of the Re- presentation of the People Act, 1950;';

(ii) after clause (g), the following clause shall be in-

serted, namely: —

'(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Ne- gotiable Instruments Act, 1881;';

{Hi) clause (k) shall be omitted;

(b) lor SiUij-sectKiii (b), the following sub-section shall be

substituted, namHy: —

" (5) Any reierence in this Act to a law which is not ir force in the State of Jammu and Kashmir shall, in relatior to thaL Suite, be co'iiitrued at; a reference to the correspond' ing Jaw, if any, in force in that State.".

16. In Part II of the 1951-Act, for the heading "QUALIFICATIONS *ND DISQUALIFICATIONS FOR MEMBERSHIP", the heading "QUALIFICA- TIONS AND DISQUALIFICATIONS" shall be substituted.

Substitu- tion of new heading for headi- ing of Part II.

17. In section 3 of the- 1951-Act, the brackets and words '(othei

than the State of Jammu and Kashmir)" shall be oinittea.

Amend, ment ot section S. 18. In section 4 of the 1951-Act,—

(a) the words "to the State of Jammu and Kashmir, or'

Amend- ment of section 4.

shall be omitted;

(b) jn clause (c), the word "and" occurring at the end shall

be omitted;

(c) after clause (c), the following clause shall be inserted

namely: —

" (cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of the Laccadive, Minicoy and Amindivi Islands, he is a member of any of those Scheduled Tribes and is an elector for the parliamentary constituency of that Union territory; and".

Amend- ment of section t> 19. In section 5 of the 1951-Act, in clause (b), for the words "Scheduled Tribe of that district", the word:- "Scheduled Tribe of any autonomous district" shall be substituted.

20. In Part II of the 1951-Act, for Chapter III, the following Chap-

ters shall be substituted, namely: —

'CHAPTER III

DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE

LEGISLATURES

Subatiti. tion of new Chapter for Chapter III of Part TT

7. In this Chapter,—

Defini- tions (a) "appropriate Government" means In relation to any disqualification for being chosen as or for being a member of either House 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;

(b) "disqualified" means disqualified for being chosen as, and for being, a member oi" either House of Parliament or of the Legislative Assembly or Legislative Council oC a State.

45 of18H0 Disqualifi- cation on conviction for certain offences.

8. (i) A person convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code, or under section 125 or section 135 or clause (a) of sub-section (2) of sec- tion 136 of this Act shall be disqualified for a period of six yeais from the date of such conviction.

(2) A person convicted by a court m India for any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall conti- nue to be disqualified for a further period of five years since his release:

Provided that a person convicted by a court In India for the contravention of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs and sentenced to imprisonment for not less than six months shall be disqualified from the date of such conviction and shall con- tinue to be disqualified for a further period of five years since his release.

(3) Notwithstanding anything in sub-section (1) and sub- section (2), a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application lor revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

Explanation.—In this section^—

(a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notifi- cation, having the force of law, providing for—

(i) the regulation of tproduction or manufacture

of any essential commodity;

(ii) the control of price at which any essential com-

modity may be bought or sold;

(in) the regulation of acquisition, possession, storage? transport, distribution, disposal, use or consumption of any essential commodity;

(iv) the prohibition of the withholding from salt

of any essential commodity ordinarily kept for sale.

(b) "drug" has the meaning assigned to it in the Drugs 23 of 1940.

and Cosmetics Act, 1940;

(c) "essential commodity" has the meaning assigned 10 of 1955

to it in the Essential Commodities Act, 1955;

(d) "food" has the meaning assigned to it in the

Prevention of Food Adulteration Act, 1954.

8A. A person found guilty of 3 corrupt practice, by an orde: . under section 99, shall bG disqualified for a period of six year;

from the date on which that order takes effect.

Disqualifi- cation for corrupt practice.

9. (1) A person who having held an office under the Govern ment of India or under the Government of any State has beei dismissed for corruption or for disloyalty to the State shall b< disqualified for a period of five years from the date of such dismissal,

Disqualifi- cation for dismissal for corrup- tion or disloyalty.

(2) For the purposes of sub-section (/), a certificate issuec by the Election Commission to the effect that a person having held office under the Government of India or under the Gov^ ernment of a State, has or has not been dismissed for corruptior or for disloyalty to the State shall be conclusive,proof of that fact:

Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been giver to the said person.

9A. A person shall be disqualified if, and for so long as,

there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works un- dertaken by, that Government.

Disquali- fication for Govern- ment contracts, etc.

Explanation.—For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

10. A p e r s on s h a ll be disquaiifi "• .1 if, a nd f >r ?o long as, he is

a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty- five per cent, share.

Disqualifi- cation for office under Govern- ment com- pany.

10A. If the Election Commission is satisfied that a person—

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, Disqualifi- cation for failure to lodge account of elec- tion ex- penses.

the Election Commission shall, by order published In the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

11. The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter or reduce the period of any such disqualification.

Removal or reduc- tion of period of disquali- fication.

CHAPTER TV

DISQUALIFICATIONS FOR VOTING!

11A. If any person, after the commencement of this Act,—

40 of 1860.

(a) is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code, or under sec- tion 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, or

Disquali- fication arising out of conviction and corrupt prac- tices.

(b) is found guilty of a corrupt practice by an order

under section 99,

he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be disqualified for voting at any election.

11B. The Election Commission may, for reasons to be re-

corded, remove any disqualification under this Chapter.'.

Removal of disqua- lifications.

21. After section 19 of the 1951-Act, the following section shall

be inserted, namelv: —

Insertion of new section 19A.

43 of 1950.

Delega- tion of [unctions of Election Commis- bion.

"19A. The functions nf the Election Commission under th( Constitution, the RepreFeniatmn of the People Act, 1950 and this Act or undpr the rules made thereunder may, subject to such general or special directions, il any, as may be given by the Elec tion Commission in this behalf, be performed also by a Deputj Election Commissioner or by the Secretary to the Election Com mission.".

22. Alter section 20 of the 1951-Act, the following section shall b<

inserted, namely: —

Insertion of new section 20A.

General duties of district election officer.

"20A. (7) Subject lo tho superintendence, direction and con trol of the chief electoral officer, the district election officer shal co-ordinate and supervise all wcik in the district or in the are* within his lunsrlirtiun in connection with the conduct of all elec- tions to Parliament and the Legislature of the State.

(2) Tho district election officer shall also perform such other functions as may be entrusted to him by the Election Commis- sion and the chief electoral officer.".

23. In section 21 of the 1951-Act, for the words "an officer of Gov- ernment", the words "an officer of Government or of a local authority' shall be substituted.

Amend- ment of section 21

24. In section 22 of the 1951-Act, in the proviso to sub-section (1), for the words "an officer of Government", the words "an officer oJ Government or of a local authority" shall he- substituted.

Amend, ment of suction 22.

25. For section 25 of the 1951-Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 25. Provision of polling stations for consti- tuencies.

"25. Tho district election officer shall, with the previous ap- proval of the Election Commission, provide a sufficient number of polling stations for every constituency, the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list show- ing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.".

26. In section 26 of the 1951-Act,—

(r) tor the words "returning officer", wherever they occur,

Amend- ment of section 26.

the words "district election officer" shall be substituted;

(b) after sub-section (4), the following sub-section shall be inserted, namely: —

" (5) Any reference to a district election officer in section 25 and in this section shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency.".

27. In section 30 of the 1951-Act,—

(a) in clause (b), for the words "the second day after", the Amend- ment of section 30.

words "the day immediately 'following" jhall be substituted;

(b) in clause (c), for the words "the third day", the words "the second day" shall be substituted;

(c) the Explanation shall be omitted.

28. In section 31 of the 1951-Act, the words "for the constituency" ihall be omitted.

Amend- ment of section 31.

29. In section 33 of the 1951-Act,—

(a) to sub-section (7), the following proviso shall be added, Amend- ment of section 33.

namely: —

"Provided that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.";

(b) in sub-section (4), for the proviso, the following proviso shall be substituted, namely:—

"Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place iE such as to be commonly understood; and the returning officer

shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the elec- toral roll or in the nomination paper shall be overlooked.".

SO. In section 39 of the 1951-Act,—

(a) in sub-section (7),—

Amend- ment of section 3".

(i) in clause (b), for the words "the second day after", the words "the day immediately following" shall be substi- tuted;

(ii) in clause (c), for the words "the third day", th"

words "the second day'¹ shall be substituted;

(iii) the Explanation shall be omitted;

(b) in sub-section (2), after clause (o) of the proviso, the

following clause shall be inserted, namely: —

" (aa) in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;".

31. For section 41 of the 1951-Act, the following section shall be

substituted, namely: —

Substi- tution 01 new sec- tion for lection 41,

Disquali- fication for being an elec- tion agent.

"41. Any person who Is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legis- lature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.".

32- In section 52 of the 1951-Act, for the words "If a contesting Amend- ment of section 12.

candidate dies", the words and figures "If a candidate whose nomi- nation has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37 dies and a report of his death Is received before the publication of the list of contesting candidates under section 38, or If a contesting candidate dies shall be substituted.

919 G. Of 1—3

Amend- ment of Bftction 60.

33. In section 60 of the 1951-Act, in clause (a), for sub-clauses (i), (ill) and (iv), the following sub-clauses shall be substituted, namely: —

"(i) any person to whom the provisions of sub-section (3)

43 of 1980.

of section 20 of the Representation of the People Act, 1950 apply;

(ii) the wife of any such person as is referred to in sub- clause (i) to whom the provisions of sub-section (6) of the said section 20 apply;".

34. After section 64 of the 1951-Act, the following section shall be

inserted, namely: —

Insertion of new section 94A.

Destruc- tion, loss, etc., of ballot papers at the time of counting.

"64A. (I) If at any time before the counting of votes is com- pleted any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascer- tained, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon, the Election Commission shall, after taking

all material circumstances into account, either—•

(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or

(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) 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.".

Amend- ment of section W.

35. In section 66 of the 1951-Act, for the words "shall forthwith declare", the words "shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare" shall be substituted.

36. Section 78 of the 1851-Act shall be re-numbered as aub-section (i) thereof and—

Amend- ment of section 78.

(a) in sub-section (/) as so re-numbered, for the wordi "returning officer" the words "district election officer" shall be substituted;

(b) after sub-section (/) as so re-numbered, the following sub-section shall be inserted, namely: —

"(2) The reference to the district election officer in sub- section (/) shall, in relation to a constituency in a Union territory, be construed as a reference to the returning officer for that constituency.".

37. In section 79 of the 1951-Act,—

(a) for the words and figures "Parti VII and VIII", the word and figures "Part VII" shall be substituted;

Amend- ment of section 7S".

(b) before clause (b), the following clause shall be Inser- ted, nam"ly:—

"(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Addi- tional Judicial Commissioner, as the case may be;";

(c) in clause (d), for the words "to withdraw", the words "to withdraw or not to withdraw" shall be substituted;

(d) for clause (e), the following clause shall be substituted, namely:—

*(e) "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held;'.

38. After section 80 of the 1951-Act, the following section shall be inserted, namely: —

"80A. (I) The Court having jurisdiction to try an election petition shall be the High Court.

Insertion of new- section 80A. High Court to try- election petitions.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:

Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court."

St. In section 81 of the 1951-Act,—

(a) in sub-section (1), for the words "Election Commission", Amend- ment of section 81.

th" words "High Court" shall be substituted; (b) sub-section (2) shall be omitted; (c) in sub-section (3), the words "and one more copy for the use of the Election Commission" shall be omitted.

4tt, Section 85 of the 1951-Act shall be omitted-

Omisiion "t section SB.

41. For sections 86 to 92 of the 1951-Act, tht followinf aections shall be substituted, namely: —

Substitu- tion of new sec- tions for sections IB to 92. trial of •lection patitiomi.

"86. (1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation.—An order of the High Court dismissing an election petition under this sub-section shall be deemed to be *n order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under tub-section (2) of section 80A.

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by tha High Court, be entitled to be joined as a respondent.

Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or ampli- fied in such manner as may in its opinion be necessary for •nsurinj 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 practice not previously alltged in the petition.

(6) The trial of an election petition shall, so far as is prac- ticable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be neces"ary for reasons to be recorded.

(7) Every election petition shall be tried as expeditlously as possible and endeavour shall be made to conclude the trial with- in six months from the date on which the election petition is presented to the High Court for trial.

• of 1M8.

Procedure before the High Court.

87. (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the proce- dure applicable under the Code of Civil Procedure, 1908 to the trial of suits:

Provided that the High Court 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 the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnessea is doing so on frivolous grounds or with a view to delay the pro- ceedings.

(2) The provisions of the Indian Evidence Act, 1872, shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.".

42. In sections 95, 96, 97, 98, 99, 100, 101 and 102 of the 1951-Act,

for the words "the Tribunal", wherever they occur, the words "the High Court" ehall be substituted.

Amend- ment of sections 95, 98, 97, 98, 99,100, 101 and 102.

4S, For section 103 of the 1951-Act, the following section shall be

substituted, namely: —

Substitu- tion of new sec- tion for section 103 Com- munica- tion of orders of the High Court.

"103. The High Court shall, as soon as may be after the con- clusion of the trial of an election petition, intimate the sub- stance of the decision to the Election Commission and the Spea- ker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticat- ed copy of the decision.".

44. (a) In section 106 of the 1951-Act, for the words "the Tri-

bunal", the words "the High Court" shall be substituted;

(b) in section 107 of the 1951-Act, for sub-section (7), the Amend- ment of sections 106 and 107.

following sub-section shall be substituted, namely: —

"(7) Subject to the provisions contained In Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it la pronounced by the High Court.".

45. Section 108 of the 1951-Act shall be omitted.

Omission of section 108.

46. For section 109 and 110 of the 1951-Act, the following sections

shall be substituted, namely: —

Substitu- tion of new sec- tions for sections 109 and 110.

"109. (7) An election petition may be withdrawn only by

leave of the High Court.

Withdrawal of election petitions.

(2) Where an application for withdrawal is made under sub- section (7), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition "nd shall be published in the Official Gazette.

110. (7) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

Procedure for with- drawn of election petitions.

(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been Induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted—

(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion there- of as the High Court may think fit;

(b) the High Court shall direct that the notice of with- drawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly;

(c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing.

and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to conti- nue the proceedings upon such terms as the High Court may deem fit.".

47. In section 111 of the 1951-Act, for the words "the Tribunal", wherever they occur, the words "the High Court" shall be substituted.

Amend- ment of tection 111.

48. For sections 112, 113, 114 and 115 of the 1951-Act, the following

section shall be substituted, namely: —

Substitu- tion of new sec- tion for sections 112 to 115.

"112. (7) An election petition shall abate only on the death

of a sole petitioner or of the survivor of several petitioners.

Abate- ment of election petitions.

(2) Where an election petition abates under sub-section (/), the High Court shall cause the fact to be published In such manner as it may deem fit.

(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be sub- stituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.".

49. In section 116 of the 1951-Act, for the words "the Tribunal",

in both the places where they occur, the words "the High Court" shall be substituted.

Amend, ment of section 118.

50. For sections 116A and 116B, the following sections shall be

substituted, namely: —

Substitu- tion of new sec- tions for sections 116A and llfiR

Appeals to Sup- reme Court, "116A. (i) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99:

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.

Stay of operation of order of High Court.

116B. (7) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allow- ed for appealing therefrom and the High Court may, on suffi- cient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.

(2) Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and condi- tions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court or, as the case may ibe, the Supreme Court, to the Election Commission and the Speaker or Chair- man, as the case may be, of the House of Parliament or of the State Legislature concerned.

Procedure in appeal.

6 of 1908.

116C. (7) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accord- ance with the procedure applicable to the hearing and deter- mination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall so far as may be, apply in relation to such appeal.

(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Com- mission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Com- mission 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 High Court were forwarded under section 108; and

(b) cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.".

51. For sections 117, 118, 119, 119A and 120 of the 1951-Act, the

following sections shall be substituted, namely: —

Substitu- tion of new sec- tions for sections 117,118, 119, 119A and 120.

Security for costs.

"117. (1) At the time of presenting an election petition, the petitioner shall deposit in the High Court In accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.

(2) During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.

118. No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such secu- rity for costs as the High Court may direct.

Security for cost* from a respon- dent.

119. Costs shall be in the discretion of the High Court:

Costs.

Provided that where a petition is dismissed under clause (a)

of section 98, the returned candidate shall be entitled to the costfl Incurred by him In contesting the petition and accordingly the High Court shall make an order for costs in favour of the return- ed candidate.".

52. In section 121 of the 1951-Act, for the words "the Election Commission", wherever they occur, the words "the High Court" shall be substituted.

Amend- ment of section 121.

53. In section 123 of the 1951-Act,—

(a) In clause (/) (A),—

Amend- ment of section 123.

(i) in sub-clause (a), for the words "to withdraw", th( words "to withdraw or not to withdraw" shall be substituted

019 G. of 1—4.

(ii) in sub-clause (i), for the words "having withdrawn" the words "having withdrawn or not having withdrawn" shall be substituted;

(b) in clause (i) (B),—

(i) in sub-clause (a), for the word "withdrawing", th" words "withdrawing or not withdrawing" shall be substitut- ed;

(ii) in sub-clause (b), for the words "to withdraw", the words "to withdraw or not to withdraw" shall be substituted;

(c) in clause (5), for the words "for the conveyance", the words "or the use of such vehicle or vessel for the free convey- ance" shall be substituted;

(d) in clause (2) of the Explanation at the end of the sec- tion, the words ", or a polling agent or a counting agent" shall be omitted.

54. In section 126 of the 1951-Act, for sub-section ( i ), the follow- ing sub-section shall be substituted, namely:—

Amend- ment of section 126.

"(1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.".

55. In section 129 of the 1951-Act,—

Amend- ment of section 129.

(a) in sub-section (1), for the words "a returning officer", the words "a district election officer or a returning officer" shall be substituted;

(b) after sub-section (3), the following sub-section shall be inserted, namely: —

"(4) An offence punishable under sub-section (3) shall

be cognizable.".

56. In section 130 of the 1951-Act, in sub-section (1), for the words "one hundred yards", the words "one hundred metres" shall be substituted.

Amend- ment of section 130.

57. In section 133 of the 1951-Act, for the words "two hundred and fifty rupees", the wordc "one thousand rupees" shall be substi- tuted.

Amend- ment of section 133.

58. In section 134 of the 1951-Act,—

(a) after sub-section (i), the following sub-section shall be

Amend- ment of section 134 inserted, namely: —

"(1A) An offence punishable under sub-sectior

(/) shall be cognizable.";

(b) in sub-section (3), for the words "returning officers'' the words "district election officers, returning officers'" shall be substituted.

59. After section 134 of the 1951-Act, the following section shal]

be inserted, namely: —

Insertion of new- section 134A.

"134A. If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprison- ment for a term which may extend to three months, or with fine, or with both.".

Penalty for Gov- ernment servants for acting as election agent, polling agent or counting agent.

60. In section 136 of the 1951-Act, for sub-section (4), the follow-

ing sub-section shall be substituted, namely: —

Amend- ment of section 136.

"(4) An offence punishable under sub-section (2) shall be

cognizable-".

61. Section 137 of the 1951-Act shall be omitted:

Omission of section 137 and saving.

Provided that such omission shall not affect any inquiry or other proceeding under the said section pending immediately before such omission and any such inquiry or other proceeding may be continued and any prosecution may be instituted as a result of such inquiry or other proceeding and any penalty or punishment may be Imposed under and in accordance with the said section as if that section had not been omitted.

62. In Part VIII of the 1951-Act, Chapters I, II and III shall be

omitted.

Omission of Chap- ters I, II and III of Part VIII.

Act not to apply to pending elections, •tc.

63. Save as otherwise provided in this Act, nothing herein shall apply to any election which has been called before the commencement of this Act or to any election petition arising out of such election, whether such petition is pending at such commencement or is present- ed afterwards, and all such elections shall be held and petitions tried, and all matters in connection with such elections or petitions (includ- ing the constitution of Election Tribunals) shall be regulated, In accor- dance with the provisions of the law in force immediately before such commencement.

S. P. SEN-VARMA,

Secy, to the Govt. of India.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, M I N TO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OB< PUBLICATIONS,

DELHI, 1968.