REPRESENTATION OF PEOPLES ACT

REPRESENTATION OF PEOPLES ACT

REPRESENTATION OF PEOPLES ACT they tell us about the election process etc….

REPRESENTATION OF PEOPLES ACT 1950

Allocation of Seats, Delimitation of Constituencies,
Qualification of Voters, Preparation of Electoral Rolls,
Manner of filling seats in Council of States

part	subject	sections
I	preliminary	1-2
II	allocation of seats and delimitation of constituencies	3-13
IIA	officers	13A-13CC
IIB	electoral rolls for parliamentary constituencies	13D
III	electoral rolls for assembly constituencies	14-25A
IV	electoral rolls for council constituencies	26-27
IVA	manner of filling seats in the council of states to be filled by representativs of union territories	27A-27K
V	general	28-32

ALLOCATION OF SEATS

• Allocation of seats to states in the House of the People
  (including reservation for SCs/STs)
• Total number of seats in Legislative Assemblies
  (including reservations for SCs/STs)
• Allocation of seats in Legislative Councils

OFFICERS

• Chief Electoral Officers
• District Election Officers
• Returning Officers
• Booth Level Officer (innovation by EC)

Types of voters

• General • Service • NRI
• Absentee

Sec 62 – Right to Vote (RPA’51)

(1) All the citizens whose names are entered in the electoral
roll of any constituency shall be entitled to vote in that
constituency.
(2) Not allowed to vote more than once.
(3) Not allowed to vote from multiple constituencies.
(4) Not allowed to vote if under lawful custody of police.

Disqualification from Voting

• Not a citizen
• Unsound mind.
• Conviction under the following:

1. IPC Sec 171E
2. IPC Sec 171F
3. Sec 125 (RPA’51)
4. Sec 135 (RPA’51)
5. Sec 136 (RPA’51)

• If one has been held guilty of corrupt practices –
  not more than 6 yrs.
• Lawful custody of police (exception – PDL)

REPRESENTATION OF PEOPLES ACT 1951

Conduct of elections to Lok Sabha & State Legislatures,
Qualifications, Disqualifications, Corrupt Practices,
Decision of doubts & disputes

QUALIFICATIONS

• Qualification for membership of the Council of States
  – Elector for a Parliamentary constituency (since 2003)
• Qualifications for membership of the House of the People
  -Elector for a Parliamentary constituency
  -SC/ST – member of any of the Scheduled Castes/Tribes
• Qualification for membership of the Legislative Council
  – Elector for an Assembly constituency in the state.
  – Ordinary resident in the state (For Governor’s nomination)
• Qualifications for membership of the Assembly
  – Elector for an Assembly constituency in the state.
  – SC/ST – member of any of the Scheduled Castes/Tribes of
  that state.

DISQUALIFICATIONS

• Sec 8 – on conviction for certain offences
• Sec 8A – on ground of corrupt practices
• Sec 9 – for dismissal for corruption or disloyalty
• Sec 9A – for holding Government contracts
• Sec 10 – for office under Government company
• Sec 10A – for failure to lodge account of election expenses

Disqualification under Section 8

Section	Conviction	Jail term	Disqualification period
8(1)	Yes	N/A	Jail term + 6 years
8(2)	Yes	At least 6 months	Jail term + 6 years
8(3)	Yes	At least 2 years	Jail term + 6 years

Disputes arising out of elections

• Approach HC (within 45 days)
• Appeal – SC

Other Provisions

Maximum number of constituencies from which one can
contest – 2
In case of a casual vacancy – a bye-election should be held
within 6 months.

Conduct of Election (Sec 30)

• Announcement
• Notification
• Nomination
• Scrutiny of nomination
• Withdrawal of candidature
• Beginning of Polling
• End of voting
• Declaration of results

Steps to ensure fairness in election duty by officers on Election duty

• Appointment of Observers (power to stop
  counting/declaration of result in case of malpractice)
• All officers involved in election are under control,
  superintendence and discipline of the Election
  Commission.

MODEL CODE OF CONDUCT

• Origin – Assembly elections of Kerala in 1960 & was
  formally issued in 1974 by EC
• Definition – It is a set of guidelines laid down by the
  Election Commission to govern the conduct of political
  parties and candidates in the run-up to an election.
• Purpose – Provide a level playing field for all political
  parties, to keep the campaign fair and healthy, avoid
  clashes and conflicts between parties, and ensure peace
  and order.
• The MCC is not enforceable by law.

Provisions

• Part I: General Conduct:
  -Deals with general process of good behaviour expected
  from candidates.
• Part II: Meetings:
  -Proper permission, no disruption to public.
• Part III: Processions:
  -Comply with traffic rules, don’t block traffic etc.
• Part IV: Polling Day:
  -No liquor or food distribution etc
• Part V: Polling Booth:
  -Entry only for voters, authorised officials
• Part VI: Observers:
  -Authorised officials to take up complaints for violation of MCC
• Part VII: Party in power:
  -Don’t misuse position, no use of public money for
  campaigning, no launching of new schemes, programmes etc.
• Part VIII: Guidelines on Election Manifesto:
  -Should be aligned to the Constitution, be feasible and
  transparent etc