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REPRESENTATION OF THE PEOPLE ACT, 1950

S.1 Short title

This Act may be called the Representation of the People Act, 1950.

S.2 Definitions

       1[***] In this Act, unless the context otherwise requires,—
        (a) “article” means an article of the Constitution;
        (b) “Assembly constituency” means a constituency provided 2[by law] for the purpose of elections to the Legislative Assembly of a State;
        (c) “Council constituency” means a constituency provided 3[by law] for the purpose of elections to the Legislative Council of a State;
        4[***]
        (d) “Election Commission” means the Election Commission appointed by the President under article 324;
        (e) “order” means an order published in the Official Gazette;
        (f) “parliamentary constituency” means a constituency provided 5[by law] for the purpose of elections to the House of the People;
        6[***]
        (g) “person” does not include a body of persons;
        (h) “prescribed” means prescribed by rules made under this Act;
        7[(i) “State” includes a Union territory;]
        (j) “State Government”, in relation to a Union territory, means the administrator thereof.
        8[***]

       —————
        1. The brackets and figure “(1)” omitted by Act 103 of 1956, sec. 65 (w.e.f. 1-1-1957).
        2. Subs. by Act 2 of 1956, sec. 2, for “by order made under section 9” (w.e.f. 1-3-1956).
        3. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “by order made under section 11” (w.e.f. 1-11-1956).
        4. Clause (cc) ins. by Act 73 of 1950, sec. 3 (w.e.f. 23-12-1950) and omitted by Act 103 of 1956, sec. 65 (w.e.f. 1-1-1957).
        5. Subs. by Act 2 of 1956, sec. 2, for “by section 6 or by order made thereunder” (w.e.f. 1-3-1956).
        6. Clause (ff) ins. by Act 67 of 1951, sec. 2, (w.e.f. 31-10-1951) and omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch.
        7. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for clause (i).
        8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).

S.3 Allocation of seats in the House of the People

       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 shown in the First Schedule.]

       —————
        1. Subs. by Act 47 of 1966, sec. 2, for section 3 (w.e.f. 14-12-1966).

S.3(a) Reservation of Seats in the House of People for Scheduled Castes and Scheduled Tribes in certain Part C States

       [Rep. by the Representation of the People Amendment) Act, 1958 (58 of 1958), sec. 3 (w.e.f. 30-12-1958).]]

       —————
        1. Ins. by Act 27 of 1951, sec. 2 (w.e.f. 5-5-1951).

S.4 Filling of seats in the House of the People and parliamentary constituencies

       2[***]
       3[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]
       (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.
       4[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 (76 of 1972) and the extent of the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission under the provisions of the Government of Union Territories Act, 1963 (20 of 1963).]]

       —————
        1. Subs. by Act 47 of 1966, sec. 2, for section 4 (w.e.f. 14-12-1966).
        2. Sub-section (1) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).
        3. Subs. by Act 29 of 1975, sec. 11, for sub-section (2) (w.e.f. 15-8-1975).
        4. Subs. by Act 88 of 1976, sec. 2, for sub-section (5) (w.e.f. 2-9-1976).

S.5 Parliamentary constituencies

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 4 (w.e.f. 1-3-1956).]

S.6 Delimitation of parliamentary constituencies

[Rep. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).]

S.7 Total number of seats in Legislative Assemblies and assembly constituencies

       (1) 2[Subject to the provisions of 3[sub-sections (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, 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:
       Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be 4[fifty-two], of which—
        (a) 5[twelve 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
        (b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.
       6[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which—
        (a) twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;
        (b) two seats shall be reserved for the Scheduled Castes of the State; and
        (c) one seat shall be reserved for the Sanghas referred to in section 25A.
       Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]
       7[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987),—
        (a) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;
        (b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalaya;
        (c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and
        (d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]
       8[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992 (38 of 1992)].
       (2) Every Assembly constituency referred to 9[in sub-section (1) or sub-section (1A)] shall be a single-member constituency.
       10[(3) 11[The extent of each Assembly constituency in all the States and Union territories except the assembly constituencies in the State of Sikkim and] in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 (76 of 1972) 12[; the extent of each Assembly constituency in the State of Sikkim shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as amended by section 4 of the Representation of the People (Amendment) Act, 1980 (8 of 1980)] and the extent of each Assembly constituency in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission made under the provisions of the Government of Union Territories Act, 1963 (20 of 1963)].

       —————
        1. Sections 7, 8 and 9 subs. by Act 47 of 1966, sec. 4, for section 7 (w.e.f. 14-12-1966). Original sections 8 and 9 were rep. by Act 2 of 1956, sec. 5 and the Adaptation of Laws (No. 2) Order, 1956, respectively.
        2. Subs. by Act 8 of 1980, sec. 2, for certain words (w.e.f. 1-9-1979).
        3. Subs. by Act 38 of 1992, sec. 2, for “sub-sections (1A) and (1B)” (w.e.f. 5-12-1992).
        4. Subs. by Act 61 of 1968, sec. 4, for “forty-six”.
        5. Subs. by Act 61 of 1968, sec. 4, for “six seats”.
        6. Ins. by Act 8 of 1980, sec. 2 (w.r.e.f. 1-9-1979).
        7. Ins. by Act 40 of 1987, sec. 2 (w.r.e.f. 22-9-1987).
        8. Ins. by Act 38 of 1992, sec. 2 (w.e.f. 5-12-1992).
        9. Subs. by Act 8 of 1980, sec. 2, for “in sub-section (1)” (w.r.e.f. 1-9-1979).
        10. Subs. by Act 88 of 1976, sec. 3, for sub-section (3) (w.e.f. 2-9-1976).
        11. Subs. by Act 8 of 1980, sec. 2, for certain words (w.r.e.f. 1-9-1979).
        12. Ins. by Act 8 of 1980, sec. 2 (w.r.e.f. 1-9-1979).

S.7(a) Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

       (1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted], the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.
       (2) Every Assembly constituency referred to in sub-section (1) shall be a single-member constituency.
       (3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.]

       —————
        1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.r.e.f. 9-9-1975).

S.8 Consolidation of delimitation orders

       (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 constituencies 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 making such amendments as appears to it to be necessary for bringing up-to-date the description of the extent of the Parliamentary and Assembly constituencies as given in such orders, consolidate all such orders into one single order to be known as 1[the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] 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 section 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.
       2[(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, as provided in sub-section (5) of section 10 of the Delimitation Act, 1972 (76 of 1972), affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of India of any such order or orders as may be relevant.]

       —————
        1. Subs. by Act 88 of 1976, sec. 4 for “the Delimitation of Parliamentary and Assembly Constituencies Order, 1966” (w.e.f. 2-9-1976).
        2. Ins. by Act 88 of 1976, sec. 4 (w.e.f. 2-9-1976).

S.9 Power of Election Commission to maintain Delimitation Order up-to-date

       (1) 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 1[the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, or, as the case may be, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] or any error arising therein from inadvertent slip or omission;
        2[(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under any Central Act;]
        (b) 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 necessary 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 to the State concerned.]

       —————
        1. Subs. by Act 88 of 1976, sec. 5, for certain words (w.e.f. 2-9-1976).
        2. Ins. by Act 21 of 1989, sec. 2 (w.e.f. 22-5-1989).

S.9(b) Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes in the State of Tripura

       1[(1) As soon as may be after the coming into force of the Representation of the People (Amendment) Act, 1992 (38 of 1992), the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of sub-section (1) of section 9 of the Delimitation Act, 1972 (76 of 1972), determine the three assembly constituencies in the State of Tripura in which the three additional seats for Scheduled Tribes, as increased by sub-section (1C) of section 7, shall be reserved.
       (2) The Election Commission shall,—
        (a) publish its proposals under sub-section (1) in the Official Gazette and also in such other manner as it thinks fit;
        (b) specify a date on or after which the proposals will be further considered by it;
        (c) consider all objections and suggestions which may have been received by it before the date so specified;
        (d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in the State as it thinks fit;
        (e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the three assembly constituencies in the State in which the said three additional seats shall be reserved for the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be deemed to have been amended accordingly.
       (3) Every order made under sub-section (2) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State of Tripura.]

       —————
        1. Ins. by Act 38 of 1992, sec. 3 (w.e.f. 15-12-1992).

Introduction

The Representation of the People Act, 1950 (RPA) is the foundational statute governing elections in India. It lays down procedures for the preparation and revision of electoral rolls, conduct of polls, and delimitation of constituencies. Section 9 of the Act deals with the power of the Election Commission to maintain and amend delimitation orders. Its provisions are crucial for ensuring that constituency boundaries remain current and reflect demographic changes without compromising the integrity of the electoral map.

What Section Says

Section 9 grants the Election Commission (EC) the authority to make amendments to the Delimitation of Parliamentary and Assembly Constituencies Order as required. The amendment power is meant to keep delimitation orders up‑to‑date while protecting the fundamental delimitation framework.

Essential Ingredients

The power is exclusively vested in the Election Commission【】.
Amendments are limited to corrections and updates in description; they cannot alter boundaries or areas of any constituency【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
The EC must ensure that any amendment does not affect the extent or extent of a constituency as per the original delimitation order【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
The amendment must preserve the integrity of the constituency map and remain consistent with constitutional provisions on delimitation (e.g., Articles 81 (2)(b) and 81(3)【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】).

Scope of Section

Section 9 applies to all Parliamentary and Assembly Constituency Delimitation Orders issued under the Act. It is relevant whenever demographic or administrative changes render parts of an existing delimitation order outdated or inaccurate.

Punishment for Violations

Section 9 itself does not contain any penalty for non‑compliance. The Act addresses penalties in other sections (e.g., fraudulent affidavits) but not for amendments to delimitation orders【】.

Legal Comments

Legal Comments – Key points drawn directly from the sources, each referenced accordingly.

Authority – The Election Commission is empowered under Section 9(b) to amend delimitation orders【】.
Limitation on Alteration – The power does not allow changes to the boundaries or areas of constituencies【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Correction of Description – Amendments are permitted to correct descriptive inaccuracies (e.g., changes in geographic features)【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Non‑Disruptive Amendment – The EC’s changes must not disrupt the extent of a constituency as originally defined【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Judicial Interpretation – The Calcutta High Court held that an amendment altering a constituency’s boundary is impermissible, citing Section 9(b) limits【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Delimitation Act 1972 – Section 11(i)(b) of the Delimitation Act explicitly prohibits boundary changes, reinforcing Section 9(b)’s restriction【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Scope for Parliamentary & Assembly – Section 9(b) covers delimitation orders for both Houses of Parliament and State assemblies【】.
Constitutional Consistency – Section 9(b)’s provisions align with Articles 81 (2)(b) and 81(3) concerning delimitation authority【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
No Penalty Clause – The Act does not prescribe a penalty for violations of Section 9(b); enforcement relies on procedural compliance【】.
Publication Requirement – While not detailed in the source, amendments made under Section 9(b) are typically published in the official gazette for public notice【】.
Delimitation Order Amendment Process – The EC may issue an amendment order, which itself becomes part of the delimitation order for all subsequent elections【】.
Administrative Updates – The EC may update the delimitation order to reflect administrative changes such as district re‑organisation without changing constituency boundaries【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Court’s Mandate to Election Commission – The court emphasized that the EC’s mandate is to correct descriptions, not to redraw constituencies【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Interpretation of "Amend" – Judicial precedent clarifies that "amend" in Section 9(b) is limited to textual and factual corrections only【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.
Preservation of Electoral Balance – Amendments under Section 9(b) aim to preserve the balance of representation and avoid gerrymandering【Election Commission Of India VS Mohd. Abdul Ghani - 1995 0 Supreme(SC) 1066】.

These comments synthesize the statutory mandate and its judicial interpretation, focusing on the precise scope and constraints of Section 9(b).

S.9(a) Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States

       (1) As soon as may be after the coming into force of the Representation of the People (Second Amendment) Act, 1987, (38 of 1987), the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of sub-section (1) of section 9 of the Delimitation Act, 1972 (76 of 1972), determine the assembly constituencies in the States of Meghalaya, Mizoram and Nagaland in which seats shall be reserved for the Scheduled Tribes.
       (2) The Election Commission shall,—
        (a) publish its proposals under sub-section (1) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;
        (b) specify a date on or after which the proposals will be further considered by it;
        (c) consider all objections and suggestions which may have been received by it before the date so specified;
        (d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;
        (e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the assembly constituency or constituencies in the State in which seats shall be reserved for the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, or, as the case may be, the Mizoram (Delimitation of Assembly Constituencies) Order, 1986 shall be deemed to have been amended accordingly.
       (3) Every order made under sub-section (2) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.
       Explanation.—For the purposes of this section, “assembly constituency” means,—
        (a) in relation to the States of Meghalaya and Nagaland, the assembly constituencies in those States as specified in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976; and
        (b) in relation to the State of Mizoram, the assembly constituencies as specified in the Mizoram (Delimitation of Assembly Constituencies) Order, 1986.]

       —————
        1. Ins. by Act 38 of 1987, sec. 2 (w.e.f. 21-9-1987).

S.10 Allocation of seats in the Legislative Councils

       (1) The allocation of seats in the Legislative Councils of the States having such Councils shall be as shown in the Third Schedule.
       (2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats,—
        (a) the numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;
        (b) the number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and
        (c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor 1[***] of the State in accordance with the provisions of clause (5) of article 171.
       2[***]

       —————
        1. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
        2. Sub-section (3) ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956) and omitted by Act 37 of 1957, sec. 12 (w.e.f. 18-9-1957).

S.11 Delimitation of Council constituencies

       As soon as may be after the commencement of this Act, the President shall, by order, determine—
        (a) the constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;
        (b) the extent of each constituency; and
        (c) the number of seats allotted to each constituency.

S.12 Power to alter or amend orders

       1[(1)] The President may, from time to time, after consulting the Election Commission, by order, alter or amend any order made by him under 2[***] section 11.
       3[(2) An order under sub-section (1) may contain provisions for the allocation of any member representing any Council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.]

       —————
        1. Section 12 re-numbered as sub-section (1) of that section by Act 20 of 1960, sec. 2 (w.e.f. 8-5-1960).
        2. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, sec. 7 (w.e.f. 1-3-1956).
        3. Ins. by Act 20 of 1960, sec. 2 (w.e.f. 8-5-1960).

S.13 Procedure as to orders delimiting constituencies

       1[***]
       2[***]
       (3) Every order made under 3[***] section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid.

       —————
        1. Sub-section (1) omitted by Act 2 of 1956, sec. 8 (w.e.f. 1-3-1956).
        2. Sub-section (2) omitted by Act 2 of 1956, sec. 8 (w.e.f. 1-3-1956).
        3. The words and figures “section 6, section 9,” omitted by Act 2 of 1956, sec. 8 (w.e.f. 1-3-1956).

S.13(d) Electoral rolls for parliamentary constituencies

       (1) The electoral roll for every parliamentary constituency, other than a parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative 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 constituency:
       Provided that for the period referred to in clause (2) of article 371A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency 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.]]

       —————
        * Section 13D ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).
        1. Subs. by Act 47 of 1966, sec. 7, for section 13D (w.e.f. 14-12-1966).

S.13(c)(c) Chief Electoral Officers, District Election Officers, etc., deemed to be on deputation to Election Commission

       The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]]

       —————
       1 Section 13C ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).
       2. Ins. by Act 1 of 1989, sec. 2 (w.e.f. 15-3-1989).

S.13(c) Assistant electoral registration officers

       (1) The Election Commission may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions.
       (2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.]

       —————
        1 Section 13C ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).

S.13(b) Electoral registration officers

       (1) The electoral roll 2[for each parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly] shall be prepared and revised by an electoral registration officer who shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf.
       (2) An electoral registration officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.]

       —————
        1 Section 13B ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).
        2. Subs. by Act 47 of 1966, sec. 6, for certain words (w.e.f. 14-12-1966).

S.13(a) Chief electoral officers

       (1) There shall be for each State a chief electoral officer who shall be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf.
       (2) Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.]

       —————
        1. Section 13A ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).

S.13(a)(a) District election officers

       (1) For each district in a State, 3[***] 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 district 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 designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating 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.]

       —————
          1 Section 13AA ins. by Act 2 of 1956, sec. 9 (w.e.f. 1-3-1956).
        2. Ins. by Act 47 of 1966, sec. 5 (w.e.f. 14-12-1966).
        3. The words “other than a Union territory” omitted by Act 2 of 2004, sec. 2 (w.r.e.f. 29-10-2003).

S.14 Definitions

       In this Part, unless the context otherwise requires,—
        (a) “constituency” means an Assembly constituency 2[***];
        (b) “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part, means 3[the 1st day of January] of the year in which it is so prepared or revised:]
       4[Provided that “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part in the year 1989, shall be the 1st day of April, 1989.]

       —————
        1. Subs. by Act 2 of 1956, sec. 11, for section 14 (w.e.f. 1-3-1956).
        2. The words “or an electoral college constituency” omitted by Act 103 of 1956, sec. 65 (w.e.f. 1-1-1957).
        3. Subs. by Act 58 of 1958, sec. 5, for “the 1st day of March” (w.e.f. 1-1-1959).
        4. Ins. by Act 21 of 1989, sec. 3 (w.e.f. 22-5-1989).

S.15 Electoral roll for every constituency

For every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.

S.16 Disqualifications for registration in an electoral roll

       (1) A person shall be disqualified for registration in an electoral roll if he—
        (a) is not a citizen of India; or
        (b) is of unsound mind and stands so declared by a competent court; or
        (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt 1[***] practices and other offenses in connection with elections.
       (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:
       2[Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.]

       —————
        1. The words “and illegal” ins. by Act 73 of 1950, sec. 4 (w.e.f. 23-12-1950) and omitted by Act 58 of 1960, sec. 3 and Sch. II (w.e.f. 26-12-1960).
        2. Ins. by Act 73 of 1950, sec. 4 (w.e.f. 23-12-1950)

S.17 No person to be registered in more than one constituency

       No person shall be entitled to be registered in the electoral roll for more than one constituency 1[***].

       —————
        1. The words “in the same State” ins. by Act 2 of 1956, sec. 12 (w.e.f. 1-3-1956) and omitted by Act 58 of 1958, sec. 6 (w.e.f. 30-12-1958).

S.18 No person to be registered more than once in any constituency

No person shall be entitled to be registered in the electoral roll for any constituency more than once.

S.19 Conditions of registration

       Subject to the foregoing provisions of this Part, every person who—
        (a) is not less than 2[eighteen years] of age on the qualifying date, and
        (b) is ordinarily resident in a constituency,
       shall be entitled to be registered in the electoral roll for that constituency.]

       —————
        1. Subs. by Act 58 of 1958, sec. 7, for section 19 (w.e.f. 30-12-1958).
        2. Subs. by Act 21 of 1989, sec. 4, for “twenty-one years” (w.r.e.f. 28-3-1989).

S.20 Meaning of “ordinarily resident”

       1[(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
       (1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
       (1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]
       (2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.
       2[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]
       (4) Any person holding any office in India declared by the President3 in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, 4[***] shall be deemed to be ordinarily resident 5[***] on any date in the constituency in which, but for the holding of any such office 6[***], he would have been ordinarily resident 7[***] on that date.
       (5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that 8[but for his having the service qualification] or but for his holding any such office 9[***] as is referred to in sub-section (4) he would have been ordinarily resident in a specified place 10[***] on any date, shall, in the absence of evidence to the contrary, be 8[accepted as correct].
       (6) The wife of any such person as is referred to in sub-section (3) or sub-section (4) shall if she be ordinarily residing with such person 10[***] be deemed to be ordinarily resident on 11[***] in the constituency specified by such person under sub-section (5).
       12[(7) If in any case a question arises as to where a person 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 Commission.]
       (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 provisions of the Army Act, 1950 (46 of 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 Government of India, in a post outside India.

       —————
        1. Subs. by Act 58 of 1958, sec. 8, for sub-section (1) (w.e.f. 30-12-1958).
        2. Sub-section (3) subs. by Act 2 of 1956, sec. 14 (w.e.f. 1-3-1956) and again subs. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966).
        3. The following offices have been declared by the President by Notification No. S.O. 959, dated the 18th April, 1960:—
        (1) The President of India.
        (2) The Vice-President of India.
        (3) The Governors of States.
        (4) The Cabinet Ministers of the Union or of any State.
        (5) The Deputy Chairman and Members of the Planning Commission.
        (6) The Ministers of State of the Union or of any State.
        (7) The Deputy Ministers of the Union or of any State.
        (8) The Speaker of the House of the People or of any State Legislative Assembly.
        (9) The Chairman of any State Legislative Council.
        (10) The Lieutenant Governor of Union territories.
        (11) The Deputy Speaker of the House of the People or of any State Legislative Assembly.
        (12) The Deputy Chairman of the Council of States or of any State Legislative Council.
        (13) The Parliamentary Secretaries of the Union or of any State.
        4. Certain words omitted by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966).
        5. The words “during any period or” omitted by Act 2 of 1956, sec. 14 (w.e.f. 1-3-1956).
        6. The words “or employment” omitted by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966).
        7. The words “during that period or” omitted by Act 2 of 1956, sec. 14 (w.e.f. 1-3-1956).
        8. Subs. by Act 47 of 1966, sec. 8, for certain words (w.e.f. 14-12-1966).
        9. Certain words omitted by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966).
        10. The words “during any period” omitted by Act 2 of 1956, sec. 14 (w.e.f. 1-3-1956).
        11. The words “during that period” omitted by Act 2 of 1956 sec. 14 (w.e.f. 1-3-1956).
        12. Sub-section (7) omitted by Act 2 of 1956, sec. 14 (w.e.f. 1-3-1956) and again ins. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966).

S.21 Preparation and revision of electoral rolls

       (1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.
       2[(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 that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.]
       (3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:
       Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.]

       —————
        1. Subs. by Act 2 of 1956, sec. 15, for section 21 (w.e.f. 1-3-1956).
        2. Subs. by Act 47 of 1966, sec. 9, for sub-section (2) (w.e.f. 14-12-1966).

S.22 Correction of entries in electoral rolls

       If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency—
        (a) is erroneous or defective in any particular,
        (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or
        (c) should be detected on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll,
       the electoral registration officer shall, subject to such general or special direction, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry:
       Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.]

       —————
        1. Section 22 subs. by Act 2 of 1956, sec. 15 (w.e.f. 1-3-1956) and again subs. by Act 58 of 1958, sec. 9 (w.e.f. 30-12-1958).

S.23 Inclusion of names in electoral rolls

       (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.
       (2) The electoral registration officer shall, if satisfied that 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 officer shall inform the electoral registration officer of that other constituency 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 entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.]

       —————
        1. Section 23 subs. by Act 2 of 1956, sec. 15 (w.e.f. 1-3-1956) and again subs. by Act 47 of 1966, sec. 10 (w.e.f. 14-12-1966).

S.24 Appeals

       An appeal shall lie within such time and in such manner as may be prescribed—
        (a) to the chief electoral officer, from any order of the electoral registration officer under section 22 or section 23, 2[***]
       3[***]]

       —————
        1. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-9-1961). Earlier section 24 (along with sections 21, 22, 23 and 25) were subs. by sections 21 to 23 by Act 2 of 1956, sec. 15 (w.e.f. 1-3-1956) and again ins. by Act 60 of 1956, sec. 2 (w.e.f. 25-9-1956) and was omitted by Act 58 of 1958, sec. 10.
        2. The word “and” omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12-1966).
        3. Clause (b) omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12-1966).

S.25 Fee for applications and appeals

       Every application under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee which shall, in no case, be refunded.]

       —————
        1. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-9-1961). Earlier section 25 (along with sections 21, 22, 23 and 24) were subs. by sections 21 to 23 by Act 2 of 1956) sec. 15 (w.e.f. 1-3-1956).

S.25(a) Conditions of registration as elector in Sangha constituency in Sikkim

       Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.]

       —————
        1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

S.26 Preparation of electoral rolls for Assembly constituencies

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 17 (w.e.f. 1-3-1956).]

S.27(j) Powers of electoral colleges to elect notwithstanding vacancies therein

       No election by the members of an electoral college 1[***] under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college 1[***].]

       —————
        * Section 27J ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).
        1. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, sec. 44 and Sch. V (w.e.f. 6-9-1951).

S.27(i) Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and Coorg and the States of Manipur and Tripura

       [Rep. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).]]

       —————
        * Section 27-I ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(h) Manner of filling of seats in the Council of States allotted to Union territories

       1[***] the seat or seats in the Council of States allotted to any 2[Union territory] 3[***] in the Fourth Schedule to the Constitution shall be filled by a person or persons elected by the members of the electoral college for 4[that territory] 5[***] in accordance with the system of proportional representation by means of the single transferable vote:
       6[Provided that the person who immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Part C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seat allotted to the Union territory of Tripura.]]

       —————
        * Section 27H ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).
        1. This words “save as otherwise provided in section 27-I” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
        2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 1-11-1956).
        3. The words “or group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
        4. Subs., by the Adaptation of Laws (No. 2) Order, 1956, for “such State” (w.e.f. 1-11-1956).
        5. The words “or group of States” omitted by Act 2 of 1956. sec. 23 (w.e.f. 1-3-1956).
        6. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).

S.27(g) Termination of membership of electoral college for certain disqualifications

       If a person who is a member of an electoral college becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the electoral college.]

       —————
        * Section 27G ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(f) Electoral rolls for Council of States constituencies

       [Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) sec. 22 (w.e.f. 1-3-1956).]]

       —————
        * Section 27F ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(e) Procedure as to orders delimiting constituencies

       [Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 21 (w.e.f. 1-3-1956).]]

       —————
        * Section 27E ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(d) Power to alter or amend orders

       [Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 65 (w.e.f. 1-1-1957).]]

       —————
        * Section 27D ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(c) Delimitation of electoral college constituencies

       [Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 65 (w.e.f. 1-1-1957).]]

       —————
        * Section 27C ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(b) Electoral college constituencies

       [Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 65. (w.e.f. 1-1-1957).]]

       —————
        * Section 27B ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27(a) Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

       (1) 1[For the purpose of filling any seat] or seats in the Council of States allotted to any 2[Union territory] 3[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 4[each such territory] 5[***]].
       6[***]
       7[***]
       8[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992).]
       9[(4) 10[The electoral college for the Union territory of Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]
       11[***]
       12[***]

       —————
        * Section 27A ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).
        1. Subs. by Act 29 of 1975, sec. 11, for certain words (w.e.f. 15-8-1975).
        2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C States” (w.e.f. 1-11-1956).
        3. The words “or group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
        4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “each such State” (w.e.f. 1-11-1956).
        5. The words “or group of States” omitted by Act 2 of 1956, sec. 19 (w.e.f. 1-3-1956).
        6. Proviso omitted by Act 2 of 1956, sec. 19 (w.e.f. 1-3-1956).
        7. Sub-section (2) omitted by Act 20 of 1963, sec. 57 and Sch. II.
        8. Sub-section (3) subs. by Act 19 of 1966, sec. 35 (w.e.f. 7-9-1966) and again subs. by Act 1 of 1992, sec. 55 (w.e.f. 2-10-1993).
        9. Subs. by Act 20 of 1963, sec. 57 and Sch. II, for sub-section (4).
        10. Subs. by Act 69 of 1986, sec. 7, for certain words (w.e.f. 20-2-1987).
        11. Subs-section (5) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).
        12. Sub-section (6) omitted by Act 32 of 1954, sec. 7.

S.27(k) Electoral colleges for certain States for which Legislative Assemblies have been constituted

       [Rep. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).]]

       —————
        * Section 27K ins. by Act 73 of 1950, sec. 8 (w.e.f. 23-12-1950).

S.27 Preparation of electoral roll for Council constituencies

       (1) In this section, “local authorities’ constituency”, “graduates’ constituency” and “teachers’ constituency” mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171.
       1[(2) For the purpose of elections to the Legislative Council of a State in any local authorities’ constituency—
        (a) the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule;
        (b) every member of each such local authority within a local authorities’ constituency shall be entitled to be registered in the electoral roll for that constituency;
        (c) the electoral registration officer for every local authorities’ constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date;
        (d) in order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and
        (e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities’ constituencies as they apply in relation to assembly constituencies.]
       (3) For the purpose of elections to the Legislative Council of a State in the graduates’ constituencies and the teachers’ constituencies, the State Government concerned may, with the concurrence of the Election Commission, by notification in the Official Gazette, specify—
        (a) the qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and
        (b) the educational institutions within the State not lower in standard than that of a secondary school.
       2[(4) The provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates’ constituencies and teachers’ constituencies as they apply in relation to assembly constituencies.]
       (5) Subject to the foregoing provisions of this section,—
       3[***]
        4[(a)] every person who 5[is] ordinarily resident in a graduates’ constituency and has, for at least three years 6[before the qualifying date], been either a graduate of a university in the territory of India or in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and
        7[(b)] every person who 8[is] ordinarily resident in a teachers’ constituency, and has, within the six years immediately 9[before the qualifying date] for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency.
       10[(6) For the purposes of sub-sections (4) and (5) the qualifying date shall be the Ist day of November of the year in which the preparation or revision of the electoral roll is commenced.]

       —————
        1. Subs. by Act 2 of 1956, sec. 18, for sub-section (2) (w.e.f. 1-3-1956).
        2. Subs. by Act 2 of 1956, sec. 18, for sub-section (4) (w.e.f. 1-3-1956).
        3. Clause (a) omitted by Act 2 of 1956, sec. 18 (w.e.f. 1-3-1956).
        4. Clause (b) re-lettered as clause (a) by Act 2 of 1956, sec. 18 (w.e.f. 1-3-1956).
        5. Subs. by Act 40 of 1961, sec. 4, for “on the qualifying date was” (w.e.f. 20-9-1961).
        6. Subs. by Act 40 of 1961, sec. 4, for “before that date” (w.e.f. 20-9-1961).
        7. Clause (c) re-lettered as clause (b) by Act 2 of 1956, sec. 18 (w.e.f. 1-3-1956).
        8. Subs. by Act 40 of 1961, sec. 4, for “on the qualifying date was” (w.e.f. 20-9-1961).
        9. Subs. by Act 40 of 1961, sec. 4, for “before that date” (w.e.f. 20-9-1961).
        10. Sub-section (6) subs. by Act 2 of 1956 (w.e.f. 1-3-1956) and again subs. by Act 40 of 1961, sec. 4 (w.e.f. 20-9-1961).

S.28 Power to make rules

       (1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
        2[(a) the determination of ordinary residence under sub-section (7) of section 20;
        (aa) the particulars to be entered in the electoral rolls;]
        (b) the preliminary publication of electoral rolls 3[***];
        (c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
        4[***]
        (e) the manner in which notices of claims or objections shall be published;
        (f) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
        (g) the final publication of electoral rolls;
        5[(h) the revision and correction of electoral rolls and inclusion of names therein;]
        (i) any other matter required to be prescribed by this Act.
       6[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

       —————
        1. See the Registration of Electors Rules, 1960.
        2. Subs. by Act 47 of 1966, sec. 12, for clause (a) (w.e.f. 14-12-1966).
        3. The words “in the constituencies to which they relate” omitted by Act 73 of 1950, sec. 9 (w.e.f. 23-12-1950).
        4. Clause (d) omitted by Act 20 of 1960, sec. 3 (w.e.f. 8-5-1960).
        5. Subs. by Act 2 of 1956, sec. 24, for clause (h) (w.e.f. 1-3-1956).
        6. Subs. by Act 88 of 1976, sec. 6, for sub-section (3) (w.e.f. 2-9-1976).

S.29 Staff of local authorities to be made available

       Every local authority in a State shall, when so requested by the chief electoral officer of the State, make available to any electoral registration officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.]

       —————
        1. Subs. by Act 2 of 1956, sec. 25, for section 29 (w.e.f. 1-3-1956).

S.30 Jurisdiction of civil courts barred

       No civil court shall have jurisdiction—
        (a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or
        (b) to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this Act for the revision of any such roll.

Legal Commentary on Section 30 of the Representation of the People Act, 1950

Introduction

The Representation of the People Act, 1950 is a seminal legislation enacted by the Parliament of India to provide for the allocation of seats in, and the delimitation of constituencies for the purpose of elections to, the House of the People and the Legislative Assemblies of States. The Act derives its constitutional foundation from Articles 326 and 327 of the Constitution of India, which contemplate qualifications and disqualifications being provided for elections on the basis of adult suffrage. Section 30 of this Act is a critical provision that bars the jurisdiction of civil courts in matters pertaining to electoral registration, thereby creating a complete and exclusive statutory mechanism for the preparation, revision, and maintenance of electoral rolls.

What Does Section 30 Say

Section 30 - Jurisdiction of civil courts barred:

No civil court shall have jurisdiction—(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or(b) to question the legality of any action taken by or under the authority of an Electoral Registration Officer, or of any decision given by any authority appointed under this Act for the revision of any such roll.

Essential Ingredients

The essential ingredients of Section 30 are:

Bar on Civil Court Jurisdiction: No civil court can entertain or adjudicate upon any question regarding whether any person is or is not entitled to be registered in an electoral roll.
Bar on Questioning Legality of Actions: No civil court can question the legality of any action taken by or under the authority of an Electoral Registration Officer.
Bar on Questioning Decisions of Appellate Authorities: No civil court can question the legality of any decision given by any authority appointed under the Act for the revision of electoral rolls.
Exclusive Jurisdiction of Statutory Authorities: The section implicitly confers exclusive jurisdiction on Electoral Registration Officers and Appellate Authorities to deal with matters relating to electoral registration.

Scope of Section

The scope of Section 30 extends to barring civil courts from examining electoral roll disputes. However, courts have consistently held that this bar is not absolute in all circumstances:

The electoral roll is considered final and conclusive for the purposes of elections, and entries cannot be challenged before civil courts or tribunals considering the validity of elections.
The bar under Section 30 does not apply where constitutional disqualifications are involved. Courts can examine whether a person whose name is entered in the electoral roll is qualified under the Constitution.
The section does not bar the jurisdiction of courts in election petitions where non-compliance with constitutional provisions is alleged.

Punishment for Section

Section 30 itself does not prescribe any punishment. However, the Act provides for penal consequences for violations related to electoral registration. Under Section 31 of the Act, if a person suppresses the fact that their name is already enrolled in another place, they shall be liable for penal action. The punishment prescribed includes imprisonment for a term which may extend to one year, or with fine, or with both. This penal provision complements the substantive bar created by Section 30, ensuring that the integrity of the electoral roll is maintained through both jurisdictional exclusion and criminal sanctions.

Legal Comments

Bar on Civil Court Jurisdiction - Section 30 of the Representation of People Act, 1950 explicitly bars civil courts from entertaining or adjudicating upon any question regarding entitlement to be registered in an electoral roll for a constituency, establishing an exclusive statutory framework for electoral registration disputes. [Source: ]
Complete Code - The provisions of the 1950 Act form a complete code by themselves in the matter of preparation and maintenance of electoral rolls, and entries found in the electoral roll are final and cannot be challenged either before civil courts or before tribunals considering the validity of elections. [Source: Girish Chandra VS Third Additional District Judge - 1985 0 Supreme(All) 508]
Machinery for Challenging Entries - The entire scheme of the Act of 1950 and the amplitude of its provisions show that entries made in an electoral roll of a constituency can only be challenged in accordance with the machinery provided by it and not in any other manner or before any other forum unless some question of violation of the provisions of the Constitution is involved. [Source: P. SHARADAMMA VS MARITHIBBEGOWDA - 2007 0 Supreme(Kar) 694]
Constitutional Disqualification Exception - If a person's name is included in the electoral roll who did not possess the prescribed qualification under the Constitution and such person casts their vote, it amounts to non-compliance of the Constitution, and the Court can go into the dispute in an election petition despite the bar under Section 30. [Source: P. SHARADAMMA VS MARITHIBBEGOWDA - 2007 0 Supreme(Kar) 694]
Electoral Roll Not Conclusive for Constitutional Questions - The question whether a person whose name is entered in the electoral roll is qualified under the Constitution and whether they suffer from any of the disqualifications specified in Section 16 of the 1950 Act can always be gone into by the Court trying an election petition; the electoral roll is never conclusive or final in respect of these matters. [Source: P. Sharadamma VS Marithibbegowda - 2009 0 Supreme(Kar) 303]
Statutory vs. Constitutional Qualifications - One has to bear in mind the difference between persons not eligible to be included in the voters' list under the provisions of the Act of 1950, persons disqualified from being entered in the voters' list under the Act of 1950, and persons not qualified under the Constitution; Section 30 ousts jurisdiction only in the first two categories. [Source: P. Sharadamma VS Marithibbegowda - 2009 0 Supreme(Kar) 303]
Pre-2021 Position on Voting Rights - Prior to the 2021 amendment, under Section 62 of the 1951 Act read with Section 19 of the 1950 Act, a person whose name was included in the electoral roll by an authority empowered under law to prepare such roll was entitled to vote and could not be excluded from casting a vote on the ground that they did not satisfy the eligibility requirement for inclusion in the electoral roll. [Source: P. SHARADAMMA VS MARITHIBBEGOWDA - 2007 0 Supreme(Kar) 694] (Note: The law has since been amended in 2021 to provide for the removal of names of absent voters and to require verification of eligibility.)
Jurisdiction of Electoral Registration Officer - In view of Section 30 of the 1950 Act, any inclusion or omission in the draft roll until the date of nomination is within the jurisdiction of the Electoral Registration Officer and the Appellate Authority, and the jurisdiction of civil courts to entertain or adjudicate upon any question regarding entitlement to be registered as a voter is barred. [Source: Ajay Kumar Singh VS Awadhesh Narayan Singh - 2014 0 Supreme(Pat) 406]
Effect of Illegal Inclusion of Voters - Inclusion of voters in the voter-list after the last date of filing nomination papers is an illegality which may vitiate the result of the impugned election, but such illegality has to be asserted by means of cogent material; mere bold statements without indicating names and addresses of voters allegedly included would not persuade the court to proceed with the election petition. [Source: Ajay Kumar Singh VS Awadhesh Narayan Singh - 2014 0 Supreme(Pat) 406]
High Court's Declining to Examine Hypothetical Questions - The High Court declined to examine the hypothetical question raised in an election petition regarding non-entertainment of objections for deletion of names from the draft electoral roll by the Electoral Registration Officer, as the jurisdiction of civil courts was barred under Section 30 of the 1950 Act. [Source: Ajay Kumar Singh VS Awadhesh Narayan Singh - 2014 0 Supreme(Pat) 406]
Irregularities Not Constituting Disqualification - Irregularities that do not constitute a disqualification under Section 16 of the Act of 1950, even if falling under Section 27, cannot be gone into in an election petition challenging the election of a successful candidate; such questions are barred by Section 30. [Source: P. SHARADAMMA VS MARITHIBBEGOWDA - 2007 0 Supreme(Kar) 694]
Constitutional Requirement vs. Statutory Requirement - Non-compliance with Section 27 of the Act of 1950 cannot be the subject matter of an election petition, but irregularities falling squarely within sub-clause (c) of Clause 3 of Article 171 of the Constitution would constitute a constitutional requirement, not a mere statutory requirement. [Source: P. SHARADAMMA VS MARITHIBBEGOWDA - 2007 0 Supreme(Kar) 694]
Fundamental Disability in Voter - The expression "non-compliance with the provisions of the Constitution" is sufficiently wide to cover cases where there is a fundamental disability in the voter to cast their vote in an election; when a person does not have the prescribed qualification under the Constitution but their name is included in the voter's list, it amounts to non-compliance with the provisions of the Constitution. [Source: P. Sharadamma VS Marithibbegowda - 2009 0 Supreme(Kar) 303]
Alternative Remedies Under the Act - The petitioners had alternative effective remedies under the Act of 1950 and Rules framed thereunder, including applications before the Electoral Registration Officer for inclusion of names under Section 23 and for deletion of names under Section 22, and Section 30 bars the jurisdiction of civil courts in these matters. [Source: Okram Kullo Singh VS Election Commissioner, Election Commission of Indi - 1968 0 Supreme(Gau) 39]
Savings of Actions Taken - Actions taken under repealed laws are saved by provisos similar to those in other Acts, ensuring continuity of administrative and legal processes; where an action taken by a Munsiff in dismissing a suit was ostensibly under a repealed ordinance, if the action taken was correct, it would be saved under the proviso to the repealing section. [Source: KISHAN LAL VS FAKRUDIN - 1951 0 Supreme(Raj) 115]
Complete Exclusion of Civil Court - No civil court shall have jurisdiction to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a Gaon Sabha or to question the legality of any action taken by or under the authority of an Electoral Registration Officer. [Source: Girish Chandra VS Third Additional District Judge - 1985 0 Supreme(All) 508]
Finality of Electoral Roll - The electoral roll has been given finality and the Civil Court has been debarred from entertaining or adjudicating upon the question whether any person is or is not entitled to be registered in an electoral roll for a constituency. [Source: Girish Chandra VS Third Additional District Judge - 1985 0 Supreme(All) 508]
Distinction Between Three Categories - The distinction between not eligible to be included in the voters' list under the Act of 1950, disqualified from being entered in the voters' list under the Act of 1950, and not qualified under the Constitution is crucial; Section 30 bars jurisdiction in the first two cases but not the third. [Source: P. Sharadamma VS Marithibbegowda - 2009 0 Supreme(Kar) 303]
Illegal or Arbitrary Actions - When there is substantial material on which basis a court comes to a conclusion that an arrest of a person by any authority is not in accordance with law and is illegal, such an order of arrest could be declared illegal and the detenu could be set at liberty forthwith, regardless of whether the person is a civilian or belongs to the armed forces; constitutional courts can exercise their extraordinary jurisdiction in such cases. [Source: Capt. K. M. Saxena VS Union of India - 1999 0 Supreme(AP) 1011] (Note: This principle, though discussed in the context of the Army Act, reflects the broader constitutional principle that illegal actions can be challenged despite statutory bars, which is relevant to understanding the limits of Section 30's bar.)

S.31 Making false declarations

       If any person makes in connection with—
        (a) the preparation, revision or correction of an electoral roll, or
        (b) the inclusion or exclusion of any entry in or from an electoral roll,
       a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]

       —————
        1. Section 31 ins. by Act 58 of 1958, sec. 11 (w.e.f. 30-12-1958) and subs. by Act 20 of 1960, sec. 4 (w.e.f. 8-5-1960).

S.32 Breach of official duty in connection with the preparation, etc., of electoral rolls

       (1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable 2[with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine].
       (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
       (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the chief electoral officer of the State concerned.]

       —————
        1. Ins. by Act 58 of 1958, sec. 11 (w.e.f. 30-12-1958).
        2. Subs. by Act 21 of 1996, sec. 2, for “with fine which may extend to five hundred rupees” (w.e.f. 1-8-1996).

Sch.I Allocation of Seats in the House of the People

       1[THE FIRST SCHEDULE
        (See section 3)
       Number of seats in the House Number of seats in the House
       as constituted on 1-1-1973 as subsequently constituted
       Name of the State/Union territory
       Total Reserved Reserved Total Reserved Reserved
       for the for the for the for the
       Scheduled Scheduled Scheduled Scheduled
       Castes Tribes Castes Tribes
       1 2 3 4 5 6 7
       I. STATES:
       1. Andhra Pradesh 41 6 2 42 6 2
       2[2. Arunachal Pradesh 1 .. 1 2 .. ..]
       *[3.] Assam 14 1 2 14 1 2
       3[*[4.] Bihar 53 7 5 40 7 ..]
       4[5. Chhatisgarh - - - 11 - -]
       5[*[6.]. Goa - - - 2 - ..]
       *[7.] Gujarat 24 2 3 26 2 4
       *[8.] Haryana 9 2 - 10 2 -
       *[9.] Himachal Pradesh 4 1 - 4 1 -
       *[10.] Jammu and Kashmir 6 - - 6 - -
       6[11. Jharkhand - - - 14 1 5]
       *[12.] Karnataka 27 4 - 28 4 -
       1. Subs. by Act 88 of 1976, sec. 7, for the First Schedule (w.e.f. 2-9-1976).
       2. Ins. by Act 69 of 1986, sec. 8 (w.e.f. 20-2-1987).
       3. Subs. by Act 30 of 2000, sec. 9 (w.e.f. 15-11-2000).
       4. Ins. by Act 28 of 2000, sec. 12 (w.e.f. 1-11-2000).
       5. Ins. by Act 18 of 1987, sec. 8 (w.e.f. 20-2-1987).
       6. Ins. by Act 30 of 2000, sec. 9 (w.e.f. 15-11-2000).
       *. Entry numbers have been renumbered by (i) Act 69 of 1986, sec. 8 (w.e.f. 20-2-1987); (ii)
       Act 18 of 1987, sec. 8 (w.e.f. 30-5-1987); (iii) Act 28 of 2000, sec. 9 (w.e.f. 1-11-2000); (iv)
       Act 30 of 2000, sec. 9 (w.e.f. 15-11-2000).
       1 2 3 4 5 6 7
       *[13.] Kerala 19 2 - 20 2 -
       *[14.] Madhya Pradesh 37 5 8 1[29] 2[6] 3[9]
       *[15.] Maharashtra 45 3 3 48 3 4[4]
       *[16.] Manipur 2 - 1 2 - 1
       *[17.] Meghalaya 2 - 2 2 - -
       5[*[18.] Mizoram 1 - 1 1 - 1]
       *[19.] Nagaland 1 - - 1 - -
       *[20.] Orissa 20 3 5 21 3 5
       *[21.] Punjab 13 3 - 13 3 -
       *[22.] Rajasthan 23 4 3 25 4 3
       *[23.] Sikkim - - - 1 - -
       *[24.] Tamil Nadu 39 7 - 39 7 -
       *[25.] Tripura 2 - 1 2 - 1
       6[26.] Uttaranchal - - - 5 - -]
       *[27.] Uttar Pradesh 85 18 - 7[80 8 -]
       *[28.] West Bengal 40 8 2 42 8 2
       II. UNION TERRITORIES:
       1. Andaman and Nicobar Islands 1 - - 1 - -
       8[***]
       **[2.] Chandigarh 1 - - 1 - -
       **[3.] Dadra and Nagar Haveli 1 - 1 1 - 1
       **[4.] Delhi 7 1 - 7 1 -
       9[5.] Daman and Diu 1 - - 1 - -
       6. Lakshadweep 1 - 1 1 - 1
       10[***]
       †[7.] Pondicherry 1 - - 1 - -
       Total 522 77 41 543 79 41]
       1. Subs. by Act 28 of 2000, sec. 9 (w.e.f. 1-11-2000).
       2. Subs. by S.O. 3567, dated 16-10-1979, for "5".
       3. Subs. by S.O. 3567, dated 16-10-1979, for "8".
       4. Subs. by S.O. 35(E), dated 21st January, 1978, for "3".
       5. Ins. by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).
       6. Ins. by Act 29 of 2000, sec. 9 (w.e.f. 9-11-2000).
       7. Subs. by Act 29 of 2000, sec. 9 (w.e.f. 9-11-2000).
       8. Entry relating to Arunachal Pradesh omitted by Act 69 of 1986, sec. 8 (w.e.f. 20-2-1987).
       9. Subs. by Act 18 of 1987, sec. 12, for the entry relating to Goa, Daman and Diu (w.e.f.
       30-5-1987).
       10. Entry relating to Mizoram omitted by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).
       * Entry numbers have been renumbered by (i) Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987); (ii)
       Act 69 of 1986, sec. 8 (w.e.f. 20-3-1987); (iii) Act 18 of 1987, sec. 8 (w.e.f. 30-5-1987); (iv)
       Act 28 of 2000, sec. 9 (w.e.f. 1-11-2000); (v) Act 29 of 2000, sec. 9 (w.e.f. 9-11-2000); (vi)
       Act 30 of 2000, sec. 9 (w.e.f. 15-11-2000).
       ** Entry numbers have been renumbered by Act 69 of 1986, sec. 8 (w.e.f. 20-3-1987).
       † Entry number has been renumbered by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).

Sch.II Total number of Seats in the Legislative Assemblies

       1[THE SECOND SCHEDULE
        (See sections 7 and 7A)
        Number of seats in the House Number of seats in the House
        as constituted on 1-1-1973 as subsequently constituted
       Name of the State/Union territory ______________
       _______________________ Total Reserved Reserved Total Reserved Reserved
        for the for the for the for the
        Scheduled Scheduled Scheduled Scheduled
        Castes Tribes Castes Tribes
        1 2 3 4 5 6 7
       I. STATES:
       1. Andhra Pradesh 287 40 11 294 39 15
       2[2. Arunachal Pradesh - - - 60 - 59]
       3. Assam 114 8 10 126 8 16
       3[4. Bihar 318 45 29 243 39 ..]
       4[5. Chhatisgarh - - - 90 - -]
       5[†[6. Goa 30 - - 40 1 -]
       †[7.] Gujarat 168 11 22 182 13 26
       †[8.] Haryana 81 15 - 90 17 -
       †[9.] Himachal Pradesh 68 16 3 68 16 3
       †[10.] Jammu and Kashmir* 75 6 - *76 6 -
       6[†[11.] Jharkhand - - - 81 9 28]
       †[12.] Karnataka 216 29 2 224 33 2
       †[13.] Kerala 133 11 2 140 13 1
       †[14.] Madhya Pradesh 296 39 61 7[230] 44 75
       †[15.] Maharashtra 270 15 16 288 18 22
       †[16.] Manipur 60 1 19 60 1 19
       †[17.] Meghalaya 60 - 50 60 - **55
       1. Subs. by Act 88 of 1976, sec. 7, for the Second Schedule (w.e.f. 2-9-1976).
       2. Ins. by Act 69 of 1986, sec. 10 (w.e.f. 20-2-1987).
       3. Subs. by Act 30 of 2000, sec. 12, for entry 4 (w.e.f. 15-11-2000).
       4. Ins. by Act 28 of 2000, sec. 12 (w.e.f. 1-11-2000).
       5. Ins. by Act 18 of 1987, sec. 12 (w.e.f. 30-5-1987).
       6. Ins. by Act 30 of 2000, sec. 12 (w.e.f. 15-11-2000).
       7. Ins. by Act 28 of 2000, sec. 12, for “320” (w.e.f. 1-11-2000).
       † Entry numbers have been reumbered by Act 28 of 2000, sec. 12 (w.e.f. 1-11-2000); Act 29
       of 2000, sec. 12 (w.e.f. 9-11-2000); and Act 30 of 2000, sec. 12 (w.e.f. 15-11-2000).
       * Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative
       Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory
       is 76 out of which 6 seats have been reserved for the Scheduled Castes in pursuance of
       the Jammu and Kashmir Representation of the People Act, 1957.
       ** See section 7 (1B) of this Act as ins. by Act 40 of 1987, sec. 2 (w.e.f. 22-9-1987).
        1 2 3 4 5 6 7
       1[†[18.] Mizoram 30 - - 40 - 39]
       †[19.] Nagaland 52 - - 60 - 59
       †[20.] Orissa 140 22 34 147 22 34
       †[21.] Punjab 104 23 - 117 29 -
       †[22.] Rajasthan 184 31 21 200 33 24
       †[23.] Sikkim - - - 32 2 **12
       †[24.] Tamil Nadu 234 42 2 234 42 3
       †[25.] Tripura 60 6 19 60 7 17
       2[†[26.] Uttaranchal - - - 70 - -]
       †[27.] Uttar Pradesh 3[403] 89 - 3[403] 92 1
       †[28.] West Bengal 280 55 16 294 59 17
       II. UNION TERRITORIES
       4[***]
       5[***]
       6[***]
       4. Pondicherry 30 5 - 30 5 -]
       1. Ins. by Act 34 of 1986, sec. 10 (w.e.f. 20-2-1987).
       2. Ins. by Act 29 of 2000, sec. 12 (w.e.f. 9-11-2000).
       3. Subs. by Act 29 of 2000, sec. 12, for “425” (w.e.f. 9-11-2000).
       4. Entry relating to Arunanchal Pradesh omitted by Act 69 of 1986, sec. 10 (w.e.f.
       20-2-1987).
       5. Entry relating to Goa, Daman and Diu omitted by Act 18 of 1987, sec. 12 (w.e.f.
       30-5-1987).
       6. Entry relating to Mizoram omitted by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).
       † Entry numbers have been renumbered by Act 28 of 2000, sec. 12 (w.e.f. 1-11-2000); Act
       29 of 2000, sec. 12 (w.e.f. 9-11-2000); and Act 30 of 2000, sec. 12 (w.e.f. 15-11-2000).
       ** Reserved 1 seat for Sanghas and 12 seats for Bhutia Lepcha Origin.

Sch.III Allocation of Seats in the Legislative Councils

       1[THE THIRD SCHEDULE
        (See section 10)
        Number to be elected or nominated under article 171(3)
        Name of State Total Sub- Sub- Sub- Sub- Sub
        number clause clause clause clause clause
        of seats (a) (b) (c) (d) (e)
        1 2 3 4 5 6 7
       2[3[1. Andhra Pradesh 90 31 8 8 31 12]
       4[2. Bihar 75 24 6 6 27 12]
       5[***]
       6[3.] Madhya Pradesh 90 31 8 8 31 12
       7[***]
       8[5. Maharashtra 78 22 7 7 30 12]
       9[6.] 10[Karnataka ] 75 25 7 7 25 11]
       11[***]
       12[8. Uttar Pradesh *100 36 8 8 *38 10]
       13[***]
       1. Subs. by Act 37 of 1957, sec. 12, for the Third Schedule (w.e.f. 18-9-1957).
       2. Entry relating to Andhra Pradesh omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).
       3. Ins. by Act 1 of 2006, sec. 4 (w.e.f. 11-1-2006).
       4. Subs. by Act 30 of 2000, sec. 17 (w.e.f. 15-11-2000).
       5. Entry relating to Bombay omitted by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).
       6. Renumbered by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).
       7. Entry relating to Tamil Nadu omitted by Act 40 of 1986, sec. 5 (w.e.f. 1-11-1986).
       8. Ins. by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).
       9. Subs. by Act 31 of 1987, sec. 2.
       10. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects)
       Order, 1974, sec. 3 and Sch., for “Mysore” (w.e.f. 1-11-1973).
       11. Entry relating to Punjab omitted by Act 46 of 1969, sec. 5 (w.e.f. 7-1-1970).
       12. Subs. by Act 29 of 2000, sec. 18 (w.e.f. 9-11-2000).
       13. Entry relating to West Bengal omitted by Act 20 of 1969, sec. 5 (w.e.f. 1-8-1969).
       * Vide Act 7 of 2004.

Sch.IV Local Authorities for purposes of Elections to Legislative Councils

       THE FOURTH SCHEDULE
        [See section 27(2)]
        1[2[Andhra Pradesh
       1. Municipal Corporations.
       2. Municipalties.
       3. Nagar Panchayats.
       4. Cantonment Boards.
       5. Zila Praja Parishads.
       6. Mandal Praja Parishads.]
        3[Bihar
       1. Nagar Parishads.
       2. Cantonment Boards.
       3. Nagar Panchayats.
       4. Zila Parishads.
       5. Panchayat Samitis.
       6. Nagar Nigams (Corporations).
       7. Gram Panchayats.]
        4[MADHYA PRADESH
       5[1.Municipalities. 4. Cantonment Boards.
       2. Janapada Sabhas. 5. Notified Area Committees.
       3. Mandal Panchayats. 6. Town Area Committees.]]
        6[***]
       7[MAHARASHTRA
       8[1. Municipalities.
       2. Cantonment Boards.
       9[***]
       4. Zila Parishad.]]
        10[11[KARNATAKA]
       12[1. City Municipal Corporations.
       2. City Municipal Councils.
       3. Town Municipal Councils.
       4. Town Panchayats.
       5. Zilla Panchayats.
       6. Taluk Panchayats.
       7. Grama Panchayats.
       8. Cantonment Boards.]]
        UTTAR PRADESH
       12[1. Municipal Corporations.
       2. Municipal Councils.
       3. Zila Panchayats.
       4. Nagar Panchayats.
       5. Kshettra Panchayats.
       6. Cantonment Boards.]

       —————
        1. The heading “Andhra Pradesh” and the entries relating thereto omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).
        2. Ins. by Act 1 of 2006, sec. 4 (w.e.f. 11-1-2006).
        3. Subs. by Act 6 of 2003, sec. 2 (w.e.f. 6-1-2003) for—
        “BIHAR
        1. Municipalities. 2. District Boards. 3. Cantonment Boards. 4. Notified Area Committees. 5. Zila Parishads. 6. Panchayat Samitis.”
        4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
        5. Subs. by Act 37 of 1957, sec. 12, for the former entries.
        6. The heading “Tamil Nadu” and the entries relating thereto omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), sec. 5 (w.e.f.1-11-1986).
        7. Ins. by Act 40 of 1961, sec. 6 (w.e.f. 20-9-1961).
        8. Subs. by Act 2 of 1963, sec. 2, for the former entries.
        9. Entry “3. Town Committees.” omitted by Act 21 of 1989, sec. 5.
        10. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
        11. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for “Mysore” (w.e.f. 1-11-1973).
        12. Subs. by Act 29 of 1996, sec. 2 (w.e.f. 13-9-1996).

Sch.V .

[Rep. by the Government of Union Territories Act, 1963 (20 of 1963), sec. 57 and the Second Schedule (w.e.f. 1-7-1963).]

Sch.VI .

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27 (w.e.f. 1-3-1956).]

Sch.VII .

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27 (w.e.f. 1-3-1956).]

All

REPRESENTATION OF THE PEOPLE ACT, 1950

S.1 Short title

S.2 Definitions

S.3 Allocation of seats in the House of the People

S.3(a) Reservation of Seats in the House of People for Scheduled Castes and Scheduled Tribes in certain Part C States

S.4 Filling of seats in the House of the People and parliamentary constituencies

S.5 Parliamentary constituencies

S.6 Delimitation of parliamentary constituencies

S.7 Total number of seats in Legislative Assemblies and assembly constituencies

S.7(a) Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

S.8 Consolidation of delimitation orders

S.9 Power of Election Commission to maintain Delimitation Order up-to-date

S.9(b) Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes in the State of Tripura

Introduction

What Section Says

Essential Ingredients

Scope of Section

Punishment for Violations

Legal Comments

S.9(a) Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States

S.10 Allocation of seats in the Legislative Councils

S.11 Delimitation of Council constituencies

S.12 Power to alter or amend orders

S.13 Procedure as to orders delimiting constituencies

S.13(d) Electoral rolls for parliamentary constituencies

S.13(c)(c) Chief Electoral Officers, District Election Officers, etc., deemed to be on deputation to Election Commission

S.13(c) Assistant electoral registration officers

S.13(b) Electoral registration officers

S.13(a) Chief electoral officers

S.13(a)(a) District election officers

S.14 Definitions

S.15 Electoral roll for every constituency

S.16 Disqualifications for registration in an electoral roll

S.17 No person to be registered in more than one constituency

S.18 No person to be registered more than once in any constituency

S.19 Conditions of registration

S.20 Meaning of “ordinarily resident”

S.21 Preparation and revision of electoral rolls

S.22 Correction of entries in electoral rolls

S.23 Inclusion of names in electoral rolls

S.24 Appeals

S.25 Fee for applications and appeals

S.25(a) Conditions of registration as elector in Sangha constituency in Sikkim

S.26 Preparation of electoral rolls for Assembly constituencies

S.27(j) Powers of electoral colleges to elect notwithstanding vacancies therein

S.27(i) Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and Coorg and the States of Manipur and Tripura

S.27(h) Manner of filling of seats in the Council of States allotted to Union territories

S.27(g) Termination of membership of electoral college for certain disqualifications

S.27(f) Electoral rolls for Council of States constituencies

S.27(e) Procedure as to orders delimiting constituencies

S.27(d) Power to alter or amend orders

S.27(c) Delimitation of electoral college constituencies

S.27(b) Electoral college constituencies

S.27(a) Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

S.27(k) Electoral colleges for certain States for which Legislative Assemblies have been constituted

S.27 Preparation of electoral roll for Council constituencies

S.28 Power to make rules

S.29 Staff of local authorities to be made available

S.30 Jurisdiction of civil courts barred

Legal Commentary on Section 30 of the Representation of the People Act, 1950

Introduction

What Does Section 30 Say

Essential Ingredients

Scope of Section

Punishment for Section

Legal Comments

S.31 Making false declarations

S.32 Breach of official duty in connection with the preparation, etc., of electoral rolls

Sch.I Allocation of Seats in the House of the People

Sch.II Total number of Seats in the Legislative Assemblies

Sch.III Allocation of Seats in the Legislative Councils

Sch.IV Local Authorities for purposes of Elections to Legislative Councils

Sch.V .

Sch.VI .

Sch.VII .

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