News : Representation of the People Act, 1951 Does Not Apply to Municipal Elections

Supreme Court Note

Background

The Representation of the People Act, 1951 (RPA, 1951) governs the conduct of elections to:

Parliament (Lok Sabha and Rajya Sabha)
State Legislatures (Legislative Assembly and Legislative Council)

It does not apply to elections held for Municipal Corporations, Municipal Councils, Nagar Panchayats, or Panchayats.

Supreme Court’s View

The Supreme Court of India has clarified that the provisions of the Representation of the People Act, 1951 are not applicable to municipal elections, unless a law specifically extends those provisions.

Municipal elections are governed by:

The Constitution of India (Part IXA – Municipalities)
The respective State Municipal Acts
Rules framed under those State laws

Constitutional Basis

Part IXA (Articles 243P–243ZG) deals with Municipalities.
Article 243ZA provides that the State Election Commission (SEC) has the power of superintendence, direction, and control over municipal elections.

In contrast:

Article 324 gives the Election Commission of India (ECI) the power to conduct elections to Parliament, State Legislatures, and the offices of the President and Vice-President.

Difference Between Parliamentary/Assembly and Municipal Elections

Representation of the People Act, 1951	Municipal Elections
Applies to Parliament and State Legislature elections	Does not apply
Conducted by the Election Commission of India (ECI)	Conducted by the State Election Commission (SEC)
Governed by the RPA, 1951	Governed by State Municipal Laws and Part IXA of the Constitution

The Representation of the People Act (RPA) is the primary legislation governing the conduct of elections in India. It provides the legal framework for free, fair, and democratic elections to Parliament and State Legislatures.

Constitutional Background

Part XV of the Constitution of India (Articles 324–329) deals with the electoral system in India.
These Articles establish the constitutional framework for the conduct of elections and the functioning of the electoral process.
Article 324 vests the superintendence, direction, and control of elections in the Election Commission of India (ECI).
The Constitution empowers Parliament to enact laws relating to all matters connected with elections to:
- the Parliament, and
- the State Legislatures.
Exercising this constitutional power, Parliament enacted the Representation of the People Act, 1950 and the Representation of the People Act, 1951, which together regulate the electoral process in India.

Objectives

To regulate the electoral system in India.
To provide for the allocation of seats in Parliament and State Legislatures.
To prepare and maintain electoral rolls.
To determine and regulate parliamentary and assembly constituencies.

Key Provisions

1. Allocation of Seats

Provides for the allocation of seats in the Lok Sabha and State Legislative Assemblies through direct elections.

2. Delimitation of Constituencies

Provides for the delimitation (demarcation) of parliamentary and assembly constituencies.
The Delimitation Commission determines the boundaries and extent of constituencies.

3. Alteration of Constituencies

The President of India may alter the territorial extent of constituencies after consultation with the Election Commission of India (ECI).

4. Preparation of Electoral Rolls

Provides for the preparation, revision, and maintenance of electoral rolls for every constituency.
A person can be registered as a voter in only one constituency.

5. Qualifications for Registration as a Voter

A person is eligible to be registered as a voter if he or she:

Is a citizen of India.
Satisfies the conditions prescribed under the Act.
Is not otherwise disqualified under the law.

6. Grounds for Disqualification

A person may be disqualified from being enrolled in the electoral roll if he or she:

Is not a citizen of India.
Has been declared to be of unsound mind by a competent court.
Is disqualified under any other provision of law.

Representation of the People (Amendment) Act, 1966

Key Provisions

Abolished Election Tribunals for deciding election disputes.
Transferred the jurisdiction over election petitions to the High Courts.
Disputes relating to the election of the President and Vice-President of India continue to be decided directly by the Supreme Court of India.

Representation of the People (Amendment) Act, 1988

Key Provisions

Introduced provisions for adjournment or countermanding of polling in cases of booth capturing.
Recognised and facilitated the use of Electronic Voting Machines (EVMs) in elections.

Representation of the People (Amendment) Act, 2002

Key Provisions

1. Right to Information of Voters

Inserted Section 33A into the Representation of the People Act, 1951.
Recognised the right of voters to know the background (antecedents) of candidates contesting elections.

2. Mandatory Disclosure by Candidates

Every candidate filing a nomination must disclose:

Previous criminal convictions, if any.
Pending criminal cases in which the candidate is accused of offences as prescribed by law.
Assets and liabilities of the candidate.
Other information required under the Act and Election Commission guidelines.

Representation of the People (Amendment) Act, 2010

Key Provisions

Granted voting rights to Non-Resident Indians (NRIs).
Eligible NRIs can register as overseas electors in the constituency corresponding to their place of residence in India.
NRIs are not granted the right to contest elections under this amendment.
The amendment does not permit absentee or postal voting for NRIs.
NRIs must be physically present at their designated polling station in India to cast their vote.

Representation of the People (Amendment and Validation) Act, 2013

Background

Enacted after the Supreme Court held that a person in jail or police custody is not entitled to vote and, therefore, is not an elector, making such a person ineligible to contest elections.

Key Provisions

Clarified that a person in jail or police custody may file a nomination and contest an election, provided that his or her name is entered in the electoral roll.
Restored the eligibility of such persons to contest elections even though they are not entitled to vote while in custody.
Validated the legal position regarding the status of such candidates under the Representation of the People Act.

Representation of the People (Amendment) Bill, 2017

Key Provisions

Sought to introduce proxy voting for Non-Resident Indians (NRIs), enabling them to vote through an authorised proxy in India.
Proposed to make various provisions of the Representation of the People Acts, 1950 and 1951 gender-neutral by replacing gender-specific terms with gender-inclusive language.
The Bill was passed by the Lok Sabha, but it did not become law as it was not passed by the Rajya Sabha before the dissolution of the 16th Lok Sabha.

Salient Features of the Representation of the People Act, 1951 (RPA, 1951)

The Representation of the People Act, 1951 (RPA, 1951) provides the legal framework for the conduct of elections in India. It lays down provisions relating to the qualifications and disqualifications of candidates, registration of political parties, election offences, campaign finance, and recognition of political parties.

1. Eligibility to Contest Elections

Only a qualified elector (registered voter) is eligible to contest elections to the Lok Sabha and the Rajya Sabha.
For constituencies reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), only candidates belonging to the respective reserved category are eligible to contest.

2. Disqualification of Candidates

A person may be disqualified from contesting elections if convicted of certain offences. In many cases, the disqualification continues for six years after the completion of the sentence, subject to the provisions of the Act.

Offences Leading to Disqualification

Promoting enmity or hatred between different classes or communities.
Bribery and other corrupt electoral practices.
Undue influence or illegal interference in elections.
Rape and other serious offences against women.
Promoting religious disharmony.
Practising untouchability.
Importing or exporting prohibited goods.
Illegal trafficking, sale, or consumption of narcotic drugs and psychotropic substances.
Terrorism and offences related to national security.
Conviction resulting in imprisonment for two years or more (subject to the provisions of the Act).

A candidate may also be disqualified if he or she:

Is found guilty of corrupt electoral practices.
Is disqualified due to interests in certain government contracts as provided under the law.
Fails to comply with statutory disclosure requirements.

3. Declaration of Assets and Liabilities

Every elected candidate is required to disclose assets and liabilities in accordance with the provisions of the Act and the rules framed thereunder.
Failure to furnish the required information may attract disqualification or other legal consequences.

4. Registration of Political Parties

Every political party must be registered with the Election Commission of India (ECI).
Any change in the name, address, or other prescribed details of the party must be communicated to the Election Commission.

5. Political Funding

Political parties may accept donations from individuals and companies within India, subject to the law.
Government-owned companies cannot make political contributions.
Foreign contributions are prohibited except as permitted under the applicable laws.
Political parties must report donations exceeding ₹20,000 received from any individual or company.

6. Recognition of Political Parties

National Party

A political party is recognised as a National Party if it satisfies the criteria prescribed by the Election Commission of India, such as:

Securing at least 6% of the valid votes in Assembly elections in four or more States and winning at least four Lok Sabha seats, or
Meeting any other criteria notified by the Election Commission from time to time.

State Party

A political party is recognised as a State Party if it fulfils the criteria prescribed by the Election Commission, such as:

Securing at least 6% of the valid votes in the State Assembly election and winning at least two Assembly seats, or
Satisfying any other prescribed conditions.

7. Security Deposit for Candidates

Candidates contesting elections are required to deposit a security amount:

Lok Sabha Election: ₹25,000
State Legislative Assembly Election: ₹10,000 (The amount has been revised over time; always refer to the latest law/notification for current figures.)
Candidates belonging to the Scheduled Castes (SCs) and Scheduled Tribes (STs) are entitled to a 50% concession in the security deposit.

Representation of the People Act, 1950

Part I – Preliminary (Sections 1–2)

Section 1 – Short Title

Provision

This law is called the Representation of the People Act, 1950 (RPA, 1950).

Exam Point

Name of the Act: Representation of the People Act, 1950.

Section 2 – Definitions

Defines important terms used throughout the Act.

(a) Article

Meaning

“Article” means an Article of the Constitution of India.

Example

Article 324 refers to the Election Commission of India.

(b) Assembly Constituency

Meaning

An Assembly Constituency is an area created by law for electing one Member to the State Legislative Assembly (MLA).

Example

Lucknow Central Assembly Constituency.

(c) Council Constituency

Meaning

A Council Constituency is an area or electoral division created for electing members to the State Legislative Council (Legislative Council/MLC).

Example

Used only in States having a Legislative Council.

(d) Election Commission

Meaning

Election Commission means the Election Commission of India (ECI) appointed by the President of India under Article 324 of the Constitution.

Exam Point

Article 324 → Election Commission of India (ECI).

(e) Order

Meaning

An Order means an order published in the Official Gazette.

Exam Point

Official Gazette = Official publication of the Government.

(f) Parliamentary Constituency

Meaning

A Parliamentary Constituency is an area created by law for electing one Member to the Lok Sabha (House of the People).

Example

Varanasi Parliamentary Constituency.

(g) Person

Meaning

The word “Person” means an individual human being.
It does not include a body of persons (such as a group or association).

(h) Prescribed

Meaning

“Prescribed” means prescribed by the rules made under this Act.

Exam Point

If the Act says “as prescribed”, it refers to rules framed under the RPA, 1950.

(i) State

Meaning

The term “State” includes a Union Territory unless the context requires otherwise.

Example

Delhi and Puducherry are treated as “States” for certain provisions under this Act.

(j) State Government

Meaning

In relation to a Union Territory, State Government means the Administrator/Lieutenant Governor of that Union Territory.

Example

Delhi → Lieutenant Governor.
Chandigarh → Administrator.

Quick Revision Table

Section	Definition	Easy Meaning
2(a)	Article	Article of the Constitution
2(b)	Assembly Constituency	Area for electing an MLA
2(c)	Council Constituency	Area for electing an MLC
2(d)	Election Commission	ECI appointed under Article 324
2(e)	Order	Published in the Official Gazette
2(f)	Parliamentary Constituency	Area for electing a Lok Sabha MP
2(g)	Person	Individual only; not a group
2(h)	Prescribed	Rules made under the Act
2(i)	State	Includes Union Territories
2(j)	State Government	Administrator/Lieutenant Governor in a Union Territory

Part II – Allocation of Seats and Delimitation of Constituencies

(Sections 3, 4 & 7)

These sections explain how seats are allocated in Parliament and State Legislative Assemblies and how constituencies are formed.

Section 3 – Allocation of Seats in the House of the People (Lok Sabha)

Provision

Allocates Lok Sabha seats among the States.
Provides the number of reserved seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in each State.
The allocation is given in the First Schedule of the Act.

Exam Point

Section 3 → Allocation of Lok Sabha seats.
First Schedule → Number of Lok Sabha seats and SC/ST reserved seats.

Section 4 – Filling of Seats in the House of the People (Lok Sabha)

Section 4(2) – Direct Elections

All Lok Sabha members are directly elected by the people from Parliamentary Constituencies.

Exam Point

Lok Sabha → Direct Election.

Section 4(3) – Single-Member Constituency

Every Parliamentary Constituency elects only one Member of Parliament (MP).

Exam Point

One Constituency = One MP.

Section 4(4) – One Seat State

If a State has only one Lok Sabha seat, the entire State becomes one Parliamentary Constituency.

Example

Small States having only one Lok Sabha seat.

Section 4(5) – Delimitation of Parliamentary Constituencies

The boundaries of Parliamentary Constituencies are determined by the Delimitation Commission under the Delimitation Act, 1972.
Earlier, Arunachal Pradesh was an exception, where delimitation was determined by the Election Commission under the Government of Union Territories Act, 1963.

Exam Point

Delimitation of Lok Sabha Constituencies → Delimitation Commission.

Section 7 – Legislative Assemblies (Vidhan Sabha)

This section deals with the total number of Assembly seats, reserved seats, and Assembly Constituencies.

Section 7(1) – Total Number of Seats

Specifies the total number of seats in the Legislative Assembly of every State.
Also specifies the number of seats reserved for SCs and STs.
Details are provided in the Second Schedule of the Act.

Exam Point

Second Schedule → Assembly seats and SC/ST reservation.

Special Provisions

(A) Nagaland

Legislative Assembly has 52 seats.
12 seats are allocated to the Tuensang district (special constitutional provision under Article 371A).
Remaining seats are filled through direct elections.

(B) Sikkim

Legislative Assembly has 32 seats, including:

12 seats reserved for Bhutia-Lepcha community.
2 seats reserved for Scheduled Castes (SCs).
1 seat reserved for the Sangha (Monastic Community).

Exam Point

Only Sikkim has one seat reserved for the Sangha.

(C) Special Reservation for Scheduled Tribes

The following States have a large number of seats reserved for Scheduled Tribes (STs):

State	ST Reserved Seats
Arunachal Pradesh	39
Meghalaya	55
Mizoram	39
Nagaland	59
Tripura	20

Section 7(2) – Single-Member Assembly Constituency

Every Assembly Constituency elects only one MLA (Member of Legislative Assembly).

Exam Point

One Assembly Constituency = One MLA.

Section 7(3) – Delimitation of Assembly Constituencies

The boundaries of Assembly Constituencies are determined by the Delimitation Commission under the Delimitation Act, 1972.
Sikkim follows a separate delimitation order.
Earlier, Arunachal Pradesh had special provisions regarding delimitation.

Exam Point

Delimitation of Assembly Constituencies → Delimitation Commission.

Important Schedules

Schedule	Contains
First Schedule	Allocation of Lok Sabha seats and SC/ST reserved seats
Second Schedule	Total Assembly seats and SC/ST reserved seats in States

Quick Revision Table

Section	Topic	Easy Meaning
Section 3	Allocation of Lok Sabha Seats	Distribution of Lok Sabha seats among States
Section 4(2)	Direct Election	Lok Sabha members are directly elected
Section 4(3)	Single-Member Constituency	One Parliamentary Constituency elects one MP
Section 4(4)	One-Seat State	Entire State forms one Parliamentary Constituency
Section 4(5)	Delimitation	Parliamentary constituency boundaries fixed by the Delimitation Commission
Section 7(1)	Assembly Seats	Total seats and SC/ST reserved seats in State Assemblies
Section 7(2)	Single-Member Assembly Constituency	One Assembly Constituency elects one MLA
Section 7(3)	Delimitation	Assembly constituency boundaries fixed by the Delimitation Commission

Part II – Allocation of Seats and Delimitation of Constituencies

Section 7A – Legislative Assembly of Sikkim

Provision

The Legislative Assembly of Sikkim consists of 32 members elected through direct elections.
Every Assembly Constituency in Sikkim is a single-member constituency.
The reservation of seats and constituency boundaries continue as provided under the Constitution (36th Amendment) Act, 1975.

Exam Points

Section 7A → Sikkim Legislative Assembly
Total Seats = 32
One Constituency = One MLA

Section 8 – Consolidation of Delimitation Orders

Provision

After the Delimitation Commission completes delimitation, the Election Commission of India (ECI) combines all delimitation orders into one document.
This document is called the Delimitation of Parliamentary and Assembly Constituencies Order, 1976.
The Order is published in the Official Gazette.
It has the force of law.
The Order cannot be challenged in any court.
Copies of the Order are sent to:
- Central Government
- State Governments

Exam Points

ECI consolidates delimitation orders.
Official Name: Delimitation of Parliamentary and Assembly Constituencies Order, 1976.
Has the force of law.
Not challengeable in court.

Section 9 – Power of the Election Commission to Update Delimitation Orders

Provision

The Election Commission may:

Correct printing or clerical mistakes.
Correct accidental errors or omissions.
Update constituency names or boundaries if:
- District boundaries change.
- District names change.
- Territorial divisions change.
Publish all changes in the Gazette of India and the Official Gazette of the concerned State.

Exam Points

ECI can update delimitation orders.
Only technical or administrative corrections—not fresh delimitation.

Section 9A – Reservation of Scheduled Tribe (ST) Constituencies

Provision

The Election Commission determines which Assembly Constituencies will be reserved for Scheduled Tribes (STs) in:

Meghalaya
Mizoram
Nagaland

Before making the final order, the Commission:

Publishes its proposals.
Invites objections and suggestions.
May hold public hearings.
Issues the final order in the Official Gazette.

The final order:

Has the force of law.
Cannot be challenged in any court.

Exam Points

Section 9A → ST reservation in Meghalaya, Mizoram and Nagaland.
Public objections are invited before final order.

Section 9B – Reservation of Additional ST Seats in Tripura

Provision

The Election Commission determines the three additional Assembly Constituencies reserved for Scheduled Tribes (STs) in Tripura.
The Commission:
- Publishes proposals.
- Invites objections.
- May hold public hearings.
- Issues the final order.

The final order:

Has the force of law.
Cannot be challenged in any court.

Exam Point

Section 9B → Additional ST reserved constituencies in Tripura.

Section 10 – Allocation of Seats in Legislative Councils

Provision

Applies only to States having a Legislative Council (Vidhan Parishad).

The Third Schedule specifies:

Total seats in each Legislative Council.
Distribution of seats among different categories.

Composition of Legislative Council

Members are elected by:

Local Authorities
Graduates
Teachers
Members of the Legislative Assembly (MLAs)

Some members are nominated by the Governor under Article 171(5).

Exam Points

Third Schedule → Legislative Council seats.
Article 171 → Composition of Legislative Council.

Section 11 – Delimitation of Council Constituencies

Provision

The President of India determines:

Council Constituencies.
Their territorial boundaries.
Number of seats allotted to each constituency.

Exam Point

President determines Legislative Council Constituencies.

Section 12 – Power to Alter or Amend Delimitation Orders

Provision

The President may alter or amend delimitation orders.
The President must first consult the Election Commission.
The order may also provide for:
- Reallocation of members.
- Other necessary changes after alteration of constituencies.

Exam Point

President + Consultation with ECI = Amendment of Delimitation Orders.

Section 13 – Procedure for Delimitation Orders

Provision

Every order made under Section 11 or Section 12 must be laid before Parliament.
Parliament may modify the order within the prescribed period.

Exam Point

Delimitation orders are placed before Parliament.

Quick Revision Table

Section	Topic	Easy Meaning
7A	Sikkim Assembly	32 seats; one constituency elects one MLA
8	Consolidation of Delimitation Orders	ECI combines all delimitation orders into one official order
9	Updating Delimitation Orders	ECI corrects errors and updates names/boundaries
9A	ST Reserved Constituencies	ECI determines ST-reserved Assembly seats in Meghalaya, Mizoram & Nagaland
9B	ST Reservation in Tripura	ECI determines additional ST-reserved constituencies
10	Legislative Council Seats	Third Schedule; composition of Legislative Councils
11	Council Constituencies	President determines Council constituencies and seats
12	Amendment of Delimitation Orders	President may amend orders after consulting ECI
13	Procedure	Delimitation orders must be laid before Parliament

Part IIA – Officers

(Sections 13A to 13CC)

This Part deals with the election officers responsible for preparing, revising, and maintaining electoral rolls in India.

Section 13A – Chief Electoral Officer (CEO)

Provision

Every State has a Chief Electoral Officer (CEO).
The Election Commission of India (ECI) appoints/designates the CEO in consultation with the State Government.
The CEO works under the superintendence, direction, and control of the Election Commission.

Functions of the Chief Electoral Officer

Supervises the preparation of electoral rolls.
Supervises the revision of electoral rolls.
Supervises the correction of electoral rolls.
Ensures that electoral rolls are properly maintained throughout the State.

Exam Points

One Chief Electoral Officer for every State.
Appointed by ECI in consultation with the State Government.
Supervises electoral rolls in the State.

Section 13AA – District Election Officer (DEO)

Provision

Every district has a District Election Officer (DEO).
The DEO is appointed/designated by the Election Commission in consultation with the State Government.
If required, the Election Commission may appoint more than one DEO for a district.

Functions of the District Election Officer

Coordinates election-related work in the district.
Supervises the preparation and revision of electoral rolls.
Supervises work relating to:
- Parliamentary Constituencies
- Assembly Constituencies
- Legislative Council Constituencies (where applicable)
Performs additional duties assigned by:
- Election Commission
- Chief Electoral Officer

Exam Points

One or more DEOs may be appointed for a district.
Works under the Chief Electoral Officer.
Coordinates election work at the district level.

Section 13B – Electoral Registration Officer (ERO)

Provision

Every Parliamentary Constituency, Assembly Constituency, and Legislative Council Constituency has an Electoral Registration Officer (ERO).
The ERO is appointed by the Election Commission in consultation with the State Government.

Functions of the Electoral Registration Officer

Prepares electoral rolls.
Revises electoral rolls.
Updates voter lists.
May appoint staff to assist in electoral roll preparation.

Exam Points

ERO prepares and revises electoral rolls.
Appointed by the Election Commission.

Section 13C – Assistant Electoral Registration Officer (AERO)

Provision

The Election Commission may appoint one or more Assistant Electoral Registration Officers (AEROs).
They assist the Electoral Registration Officer.

Functions

Help prepare electoral rolls.
Help revise electoral rolls.
Perform functions assigned by the Electoral Registration Officer.

Exam Points

AERO assists the ERO.
Works under the control of the Electoral Registration Officer.

Section 13CC – Officers Deemed to be on Deputation to the Election Commission

Provision

During election work, the following officers are considered to be on deputation to the Election Commission:
- Chief Electoral Officer (CEO)
- District Election Officer (DEO)
- Electoral Registration Officer (ERO)
- Assistant Electoral Registration Officer (AERO)
- Other officers and staff engaged in election work

Meaning of Deputation

While performing election duties, these officers:
- Work under the Election Commission of India.
- Are subject to its control, superintendence, and discipline.

Exam Points

Election staff work under the ECI during election duties.
They are deemed to be on deputation to the Election Commission.

Hierarchy of Election Officers

Election Commission of India (ECI)
             │
             ▼
Chief Electoral Officer (State Level)
             │
             ▼
District Election Officer (District Level)
             │
             ▼
Electoral Registration Officer (Constituency Level)
             │
             ▼
Assistant Electoral Registration Officer

Quick Revision Table

Section	Officer	Main Function
13A	Chief Electoral Officer (CEO)	Supervises electoral rolls in the State
13AA	District Election Officer (DEO)	Coordinates election work in the district
13B	Electoral Registration Officer (ERO)	Prepares and revises electoral rolls
13C	Assistant Electoral Registration Officer (AERO)	Assists the ERO
13CC	Deputation to ECI	Election officers work under the control of the ECI during election duties

Part IIB – Electoral Rolls for Parliamentary Constituencies

Section 13D – Electoral Rolls for Parliamentary Constituencies

This Part explains how the electoral roll (voter list) for a Lok Sabha (Parliamentary) Constituency is prepared.

Section 13D – Electoral Rolls for Parliamentary Constituencies

Provision

Normally, a separate electoral roll is not prepared for a Parliamentary (Lok Sabha) Constituency.
The electoral roll of a Parliamentary Constituency is formed by combining the electoral rolls of all the Assembly Constituencies that fall within it.

Simple Meaning

A Lok Sabha Constituency contains many Assembly Constituencies.
Instead of preparing a new voter list, the voter lists of all those Assembly Constituencies are combined to form the Parliamentary electoral roll.

Example

Suppose a Lok Sabha Constituency consists of:

Assembly Constituency A
Assembly Constituency B
Assembly Constituency C

Then,

Parliamentary Electoral Roll = A + B + C

No separate voter list is prepared.

Exception – Nagaland (Tuensang District)

During the special constitutional arrangement under Article 371A, the Tuensang district had a separate electoral roll.
Therefore, its electoral roll had to be prepared and revised separately.

Exam Point

Exception: Tuensang district (Nagaland).

Special Provision

For Parliamentary Constituencies in the former State of Jammu & Kashmir and Union Territories without a Legislative Assembly, the electoral rolls are prepared according to the provisions applicable to Assembly Constituencies (Part III of the Act).

Quick Revision Table

Section	Topic	Easy Meaning
13D	Electoral Roll for Parliamentary Constituency	Formed by combining the electoral rolls of all Assembly Constituencies within it
General Rule	No separate voter list	Assembly voter lists are used
Exception	Tuensang (Nagaland)	Separate electoral roll (special constitutional provision)
Special Cases	J&K (as applicable at the time) and UTs without a Legislative Assembly	Electoral rolls prepared as per Part

Part III – Electoral Rolls for Assembly Constituencies

(Sections 14–25A)

This Part explains who can be registered as a voter, how electoral rolls are prepared, revised, corrected, and how names are added or removed.

Section 14 – Definitions

Provision

Defines important terms used in this Part.

Important Definitions

Constituency → Assembly Constituency.
Qualifying Date → 1st January of the year in which the electoral roll is prepared or revised.

Exam Point

Qualifying Date = 1 January

Section 15 – Electoral Roll for Every Constituency

Provision

Every Assembly Constituency must have one electoral roll (voter list).
The electoral roll is prepared under the superintendence, direction, and control of the Election Commission of India (ECI).

Exam Point

Every constituency has one electoral roll.

Section 16 – Disqualification for Registration in Electoral Roll

A person cannot be registered as a voter if he/she:

Is not an Indian citizen.
Has been declared to be of unsound mind by a competent court.
Is disqualified from voting under any law relating to corrupt practices or election offences.

Additional Provision

If a registered voter later becomes disqualified, his/her name is removed from the electoral roll.
If the disqualification is later removed, the name may be restored.

Exam Points

Three grounds of disqualification:
- Non-citizen
- Unsound mind
- Election-related disqualification

Section 17 – Registration in More Than One Constituency

Provision

A person cannot be registered as a voter in more than one constituency.

Exam Point

One person = One constituency

Section 18 – Registration More Than Once in the Same Constituency

Provision

A person cannot be registered more than once in the same constituency.

Exam Point

No duplicate voter registration.

Section 19 – Conditions for Registration

A person is eligible to be registered as a voter if:

He/She is 18 years or above on the qualifying date (1 January).
He/She is ordinarily resident in that constituency.

Exam Points

Minimum voting age = 18 years
Must be ordinarily resident in the constituency

Section 20 – Meaning of “Ordinarily Resident”

Provision

A person is considered ordinarily resident where he/she normally lives.

Important Rules

Owning a house alone does not make a person an ordinary resident.
Temporary absence does not change ordinary residence.
MPs and MLAs do not lose their ordinary residence because of official duties.
Prisoners or persons admitted to mental institutions are not treated as ordinary residents of those places merely because they are there.
Members of:
- Armed Forces
- Armed Police serving outside their State
- Government employees posted abroad
  are treated as ordinarily resident at their home constituency.

Exam Point

Ordinary residence = Normal place of residence, not temporary stay.

Section 21 – Preparation and Revision of Electoral Rolls

Provision

Electoral rolls are prepared with reference to the qualifying date (1 January).
They come into force after final publication.
Electoral rolls are revised:
- Before every General Election.
- Before every Bye-election.
- Whenever directed by the Election Commission.

Special Revision

The Election Commission may order a special revision at any time.

Exam Points

ECI can order a special revision.
Electoral rolls are revised before elections.

Section 22 – Correction of Electoral Rolls

The Electoral Registration Officer (ERO) may:

Correct wrong entries.
Shift a voter’s name within the constituency.
Delete a name if the person:
- Has died.
- Has shifted permanently.
- Is no longer eligible.

Safeguard

Before deleting or changing an entry, the person must be given an opportunity to be heard.

Exam Point

Correction, transposition, and deletion of entries are done by the ERO.

Section 23 – Inclusion of Names in Electoral Rolls

Provision

A person whose name is missing from the voter list may apply to the Electoral Registration Officer (ERO).
If eligible, the ERO includes the name.

Important Rule

If the person’s name is already in another constituency, it will be deleted from the previous constituency.

Restriction

No new names can be added or deleted after the last date for filing nominations until the election is completed.

Exam Points

Application for inclusion → ERO
One person can appear in only one electoral roll.

Section 24 – Appeals

Provision

Any person aggrieved by an order of the ERO under Sections 22 or 23 may file an appeal.
The appeal lies before the Chief Electoral Officer (CEO).

Exam Point

Appeal → Chief Electoral Officer

Section 25 – Fee for Applications and Appeals

Provision

Applications under Sections 22 and 23 and appeals under Section 24 must be accompanied by the prescribed fee.
The fee is not refundable.

Exam Point

Prescribed fee is compulsory and non-refundable.

Section 25A – Sangha Constituency (Sikkim)

Provision

Applies only to the Sangha Constituency in Sikkim.
Only members of recognized Buddhist monasteries (Sanghas) are eligible to be registered as voters for this constituency.
The electoral roll is prepared or revised under the directions of the Election Commission, in consultation with the Government of Sikkim.

Exam Point

Section 25A is a special provision applicable only to Sikkim’s Sangha Constituency.

Quick Revision Table

Section	Topic	Easy Meaning
14	Definitions	Constituency and Qualifying Date (1 January)
15	Electoral Roll	Every constituency has one voter list
16	Disqualification	Non-citizen, unsound mind, election disqualification
17	One Constituency	Cannot register in more than one constituency
18	One Registration	Cannot register twice in the same constituency
19	Eligibility	18 years + ordinary resident
20	Ordinary Resident	Normal place of residence
21	Preparation & Revision	Electoral rolls prepared and revised by ECI
22	Correction	ERO may correct, shift, or delete entries
23	Inclusion	Missing names can be added by ERO
24	Appeal	Appeal lies to the Chief Electoral Officer
25	Fee	Prescribed, non-refundable fee
25A	Sangha Constituency	Special voter list for Sikkim

Part IV – Electoral Rolls for Council Constituencies & Part IVA – Election to Rajya Sabha from Union Territories

(Sections 27, 27A, 27G, 27H & 27J)

These Parts explain how electoral rolls are prepared for Legislative Council (MLC) elections and how Rajya Sabha members from Union Territories are elected.

PART IV – Electoral Rolls for Council Constituencies

Section 27 – Preparation of Electoral Rolls for Council Constituencies

This section applies to elections to the State Legislative Council (Vidhan Parishad) under Article 171 of the Constitution.

Types of Council Constituencies

There are three important constituencies:

Local Authorities’ Constituency
Graduates’ Constituency
Teachers’ Constituency

1. Local Authorities’ Constituency

Who can vote?

Members of specified Local Authorities, such as:

Municipal Corporations
Municipal Councils
Zila Parishads
Panchayats
Other Local Bodies specified in the Fourth Schedule

Electoral Roll

The Electoral Registration Officer (ERO) prepares and maintains the voter list.
Whenever the membership of a local authority changes, the voter list is updated.

Exam Point

Only members of specified local authorities are voters.

2. Graduates’ Constituency

Eligibility

A person can register if he/she:

Is ordinarily resident in the constituency.
Has been a graduate (or equivalent qualification) for at least 3 years before the qualifying date.

Exam Point

Graduate for at least 3 years.

3. Teachers’ Constituency

Eligibility

A person can register if he/she:

Is ordinarily resident in the constituency.
Has taught in a recognized educational institution (not below secondary school level)
For a total period of at least 3 years during the 6 years immediately before the qualifying date.

Exam Point

Teaching experience = 3 years within the last 6 years.

Qualifying Date

Section 27(6)

The Qualifying Date for Graduates’ and Teachers’ Constituencies is 1 November of the year in which the electoral roll is prepared or revised.

Exam Point

Assembly Electoral Roll → 1 January
Council (Graduate/Teacher) Electoral Roll → 1 November

Quick Revision – Section 27

Constituency	Eligible Voters
Local Authorities	Members of specified Local Authorities
Graduates	Graduates for at least 3 years
Teachers	Teachers with 3 years’ teaching experience within the previous 6 years

PART IVA – Election to Rajya Sabha from Union Territories

Section 27A – Electoral College

Provision

An Electoral College is constituted for each eligible Union Territory to elect its representatives to the Rajya Sabha (Council of States).

Composition

Delhi: Elected members of the Legislative Assembly of Delhi.
Puducherry (formerly Pondicherry): Elected members of the Legislative Assembly of Puducherry.

Exam Point

Rajya Sabha members from Delhi and Puducherry are elected by their Legislative Assembly members.

Section 27G – Disqualification of Electoral College Members

Provision

A member of the Electoral College loses membership if he/she becomes disqualified under election laws relating to:
- Corrupt practices
- Illegal practices
- Election offences

Exam Point

Election disqualification = Loss of Electoral College membership.

Section 27H – Election of Rajya Sabha Members

Provision

Rajya Sabha seats allotted to Union Territories are filled by the Electoral College.
The election is held using:
- Proportional Representation
- Single Transferable Vote (STV)

Exam Points

Method: Proportional Representation.
Voting System: Single Transferable Vote (STV).

Section 27J – Vacancy Does Not Affect Election

Provision

An election by the Electoral College cannot be challenged merely because there is a vacancy in the Electoral College.

Exam Point

Vacancy in Electoral College does not invalidate the election.

Quick Revision Table

Section	Topic	Easy Meaning
27	Council Constituencies	Electoral rolls for Local Authorities, Graduates and Teachers
27(6)	Qualifying Date	1 November
27A	Electoral College	Formed for Union Territories to elect Rajya Sabha members
27G	Disqualification	Disqualified members cease to be part of the Electoral College
27H	Election Method	Proportional Representation by Single Transferable Vote (STV)
27J	Vacancy	Vacancy in Electoral College does not invalidate the election

Part V – General

(Sections 28–32)

This Part contains general provisions relating to rule-making, election staff, jurisdiction of courts, offences, and penalties.

Section 28 – Power to Make Rules

Provision

The Central Government may make rules to implement the provisions of the Representation of the People Act, 1950.
Before making any rule, it must consult the Election Commission of India (ECI).
Rules are published in the Official Gazette.

Rules may provide for:

Determination of ordinary residence.
Particulars to be entered in electoral rolls.
Publication of draft electoral rolls.
Filing of claims and objections.
Hearing and disposal of claims and objections.
Final publication of electoral rolls.
Revision, correction, and inclusion of names in electoral rolls.
Any other matter required under the Act.

Parliamentary Control

Every rule made under the Act must be laid before both Houses of Parliament.
Parliament may:
- Approve the rule,
- Modify it, or
- Annul it.

Exam Points

Rule-making authority → Central Government
Consultation with ECI is mandatory
Rules are laid before Parliament

Section 29 – Staff of Local Authorities

Provision

Every Local Authority must provide staff when requested by the Chief Electoral Officer (CEO).
The staff assist the Electoral Registration Officer (ERO) in:
- Preparation of electoral rolls.
- Revision of electoral rolls.

Exam Point

Local authorities must provide staff for election work.

Section 30 – Jurisdiction of Civil Courts Barred

Provision

Civil Courts cannot:

Decide whether a person’s name should or should not be included in an electoral roll.
Question the legality of actions taken by:
- Electoral Registration Officer (ERO)
- Authorities responsible for revision of electoral rolls.

Exam Point

Civil Courts have no jurisdiction over electoral roll disputes under this Act.

Section 31 – Making False Declarations

Provision

A person commits an offence if he/she knowingly makes a false statement or declaration relating to:

Preparation of electoral rolls.
Revision of electoral rolls.
Correction of electoral rolls.
Inclusion or deletion of names in the electoral roll.

Punishment

Imprisonment up to 1 year, or
Fine, or
Both.

Exam Point

False declaration regarding voter list → Up to 1 year’s imprisonment or fine or both.

Section 32 – Breach of Official Duty

Provision

If an election official, such as:

Electoral Registration Officer (ERO),
Assistant Electoral Registration Officer (AERO), or
Any other officer engaged in electoral roll work,

fails to perform official duties without reasonable cause, he/she commits an offence.

Punishment

Minimum imprisonment: 3 months.
Maximum imprisonment: 2 years.
Fine may also be imposed.

Protection to Officers

No civil suit for damages can be filed against an officer for acts done in good faith under this section.

Cognizance by Court

A court can take cognizance of the offence only on a complaint made by or under the authority of:
- The Election Commission of India (ECI), or
- The Chief Electoral Officer (CEO) of the State.

Exam Points

Breach of official duty → 3 months to 2 years’ imprisonment + fine.
Complaint by ECI/CEO is necessary before the court can take cognizance.

Quick Revision Table

Section	Topic	Easy Meaning
28	Power to Make Rules	Central Government makes rules after consulting the ECI
29	Staff of Local Authorities	Local authorities must provide staff for election work
30	Jurisdiction of Civil Courts	Civil Courts cannot decide electoral roll disputes
31	False Declarations	False information about electoral rolls is punishable
32	Breach of Official Duty	Election officials can be punished for neglecting official duties

Offences Pertaining to Elections

The Representation of the People Act, 1951 defines various election offences to ensure free, fair, and transparent elections.

1. Promoting Hatred and Enmity

Offence

Promoting hatred or enmity between different groups based on:
- Religion
- Race
- Caste
- Community
- Language

Purpose

To maintain communal harmony during elections.

2. Breach of Official Duty

Offence

An election officer intentionally neglects or violates his/her official duties.
Any government official unlawfully supports or favours a candidate during elections.

Purpose

To ensure neutrality and fairness in the election process.

3. Booth Capturing

Offence

Capturing or taking illegal control of a polling booth.
Preventing voters from voting freely.
Forcibly casting votes.
Threatening polling staff or voters.

Purpose

To protect the integrity of polling.

4. Removal or Destruction of Ballot Papers

Offence

Removing, destroying, damaging, or tampering with ballot papers or election materials.

Purpose

To prevent election fraud.

5. Sale or Distribution of Liquor

Offence

Selling, supplying, or distributing liquor during the 48 hours before the end of polling.

Purpose

To prevent influencing voters.

Exam Point

Dry Period = 48 hours before the close of polling.

6. Public Meetings During Silence Period

Offence

Organising or announcing public meetings, election rallies, or campaigning during the 48-hour silence period before polling.

Purpose

To allow voters to make independent decisions without last-minute influence.

Exam Point

Campaigning is prohibited during the last 48 hours before polling.

7. Causing Disturbance at Election Meetings

Offence

Creating disturbances or disrupting election meetings, polling, or election-related activities.

Purpose

To maintain peace and order during elections.

Quick Revision Table

Offence	Simple Meaning
Promoting hatred	Spreading communal or caste hatred during elections
Breach of official duty	Election officials neglecting or misusing their duties
Booth capturing	Illegal control of a polling booth
Removal of ballot papers	Stealing, destroying, or tampering with ballot papers
Sale of liquor	Selling or distributing liquor within 48 hours before polling ends
Public meetings during silence period	Election campaigning prohibited during the last 48 hours before polling
Disturbing election meetings	Disrupting election meetings or polling activities