The Representation of the People Act, 1950

Page Contents

Section 1. Short title

(43 OF 1950)

[12 May, 1950]

An Act to provide the allocation of seats in and the delimitation of constitution “ for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, 1[the manner of filling seats in the Council of States to be filled by representatives of 2[Union territories], and matters connected therewith.

BE it enacted by Parliament as follows:

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1. Ins. by Act 73 of 1950, sec. 2.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C’ States”.

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

Section 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 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;]

“State Government”, in relation to a Union Territory, means the administration for thereof.

8[***]

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1. The brackets and figure “(1)” omitted by Act 103 of 1956, sec. 65.

2. Subs. by Act 2 of 1956, sec. 2, for “by order made under section 9”.

3. Subs. by the Adaptation of laws (No. 2) Order, 1956, for “by order made under section 11”.

4. Clause (cc) ins. by Act 73 of 1950, sec. 3 and omitted by Act 103 of 1956, sec. 65.

5. Subs. by Act 2 of 1956, sec. 2, for “by section 6 or by order made thereunder”.

6. Clause (ff) ins. by Act 67of 1951,sec. 2,was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1074, sec. 3 and Sch. (w.e.f. 21-1-1972).

7. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for the former clause (i) (w.e.f. 21.1.1972).

8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.

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

1[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

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1. Subs. by Act 47 of 1966, sec. 2, for sections 3 and 4 (w.e.f. 14-12-1966).

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

(1) 1[***]

2[(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.

3[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.]

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1. Sub-section (1) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).

2. Subs. by Act 29 of 1975, sec. 11, for subsection (2) (w.e.f. 15-8-1975).

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 5. Parliamentary constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 4

Section 6. Delimitation of parliamentary constituencies

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 7. Total number of seats in Legislative Assemblies and Assembly constituencies

1[Total number of seats in Legislative Assemblies and Assembly constituencies. (1) 2[Subject to the provisions of 3[sub-section (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. This subsection “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) 10[fifty-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 Meghalayi;

(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].

(2) Every Assembly constituency referred to 9[in sub-section (1) of sub-section (I A) shall be a single-member constituency.

11[(3) The extent of each assembly constituency in all the States and Union territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.].

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1. 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, see. 2, for certain words (w.e.f. 1-9-1979)

3. Subs. by Act 38 of 1992, sec. 2, for “sub-sections (l A) and (l B)” (w.e.f. 5-12-1992)

4.. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

5. Subs. by Act 61 of 1968, sec. 4, for “six seats”.

6. Ins. by Act 8 of 1980, sec. 2 (w.e.f. 1-9-1979).

7 Ins. by Act 40 of 1987, sec. 2 (w.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.e.f. 1-9-1979).

10. The words “thirty-nine seats” Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 7 A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

1[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.]

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

Section 8. Consolidation of delimitation orders

1[(1) Having regard to all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union territories, except the State of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall-

(a) after making such amendments as appear 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, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made ‘ applicable pursuant to the orders made by the President under Section 10-A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of Section 10-B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 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 and 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, 3[as provided in sub-section (5) of Section 10 of the Delimitation Act, 2002 (33 of 2002)”, 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.]

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1. Subs. by Act 10 of 2008 w.e.f. 28-3-2008

2. Ins. by Act 88 of 1976, sec. 4.

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 8 A. Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland

1[Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland. (1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur and Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of Section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,-

(a) publish its proposals under sub-sections (2), (3) and (4) 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 delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, 2[as soon as may be within a period of three months from the date such order takes effect], be laid before the Legislative Assembly of the State concerned.”]

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1. Inserted by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 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, –

1[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;]

2[(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 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 Section 8-A of this Act or any other 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.

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1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

2. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 A. *****

1[*****]

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1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 B. ****

1[****]

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1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 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[***]

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1. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956.

2. Sub-section (3) Ins. by the Adaptation of Laws (No.2) Order, 1956 and omitted by Act 37 of l957, sec. 12.

Section 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.

Section 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 subsection (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.]

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1. Section 12 renumbered as sub-section (1) of that section by Act 20 of 1960, sec. 2.

2. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, sec. 7.

3. Ins. by Act 20 of 1960, sec. 2.

Section 13. Procedure as to orders delimiting constituencies. [***]

Procedure as to orders delimiting constituencies. 1[***]. (1) Every order made under 2[* * *] 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.

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1. Sub-sections (1) and (2) omitted by Act 2 of 1056, sec. 8.

2. The words and figures “section 6, section 9,” omitted by Act 2 of 1956, sec. 8.

Section 13 A. Chief electoral officers

1[PART-IIA]

OFFICERS

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1. Part IIA and Part IIB ins. by Act 2 of 1956 sec. 9.

13A. Chief electoral officers

(1) There shall be for each State a chief electoral officer who all 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.

Section 13 AA. District election officers

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

Provided that the Election Commission may designate or Dominate 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 coordinate 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.]

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1. Ins. by Act 47 of 1966, sec. 5 (w.e.f. 14-12-1966).

Section 13 B. Electoral registration officers

(1) Constituency in the State of Jammu and Kashmir or a Union territory not having a Legislative Assembly, each assembly constituency and each Council constituency 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 tiny, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

Section 13 C. Assistant electoral registration officers

(1) The Election Commission may appoint one or more person: as assistant electoral registration officers to assist any electoral registration officer in the performance 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.

Section 13 CC. Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission

1[Chief Electoral Officers, District Election Officers, etc., deemed to 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 roll, 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.

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1. Ins. by Act I of 1989, sec. 2 (w.e.f. 15-3-1989).

Section 13 D. Electoral rolls for parliamentary constituencies

1[Electoral rolls for parliamentary constituencies. (1) The electoral roll for every parliamentary constituency, other than India 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 371 A, 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 is they apply in mention 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 14. Definitions

In this Part, unless the context otherwise requires,

(a) “Constituency” mean, an Assembly constituency ;

(b) “Qualifying date”, in relation to the preparation or revision of every electoral roll under this part, means 1[the 1st day of January] of the year in which it is so prepared or revised:]

2[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.]

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1. Subs. by Act 58 of 1958, sec. 5, for “the Ist day of March” (w.e.f.0I-0I -1959).

2. Ins. by Act 21 of 1989, sec. 3 (w.e.f. 28-3-1989).

Section 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.

Section 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 this relating to corrupt 1[***] practices and other offences in connection with election.

(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 the 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.]

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1. The words “and illegal” it is by Act 73 or 1950, sec. 4 and omitted by Act 58 of 1960, sec., 3 and Sch. II.

2. Ins. by Act 73 of 1050, sec. 4.

Section 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[***].

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1. The words “in the same State” ins. by Act 2 of 1956, section 12 and omitted by Act 58 of 1958, sec. 6.

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

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

Section 19. Conditions of Registration

1[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.]

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1. Subs. by Act 58 (if 1958, sec. 7, for section 19.

2. Subs. by Act 21 of 1989, sec. 4, for “twenty-one years” (w.e.f. 28-3-1989).

Section 20. Meaning of ordinarily resident

11[(1) A person shall not be deemed to be entitled to be resident in constituency on the ground only that he owns, or is 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 electoral 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 patent 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.

12[(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 declared1 by the President in consultation with the Election Commission to be an office to which the provisions of this subsection apply, 2[***] shall be deemed to be ordinarily resident 3[***] on any date in the consultancy which, but for the holding of any such office 4[***] he would have been ordinarily resident 5[***] on that date.

(5) The statement of any such person as is referred to in sub-section (3) or subsection (4) made in the prescribed form and verified in the prescribed manner, that 6[but for his having the service qualification] or but for his holding any such office 7[***] as is referred to in subsection (4) he would have been ordinarily resident in a specified place 3[***] on any date, shall, in the absence of evidence to the contrary, be 6[accepted as correct].

(6) The wife of any such personas is referred to in subsection (3) or sub-section (4) shall if she be ordinarily residing with such person 8[***] be deemed to be ordinarily resident on 9[* * *] in the constituency specified by such person under subsection (5).

10[(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 subsection (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), hive 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.

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1. The following offices have been declared by the President by Notification No. S.O. 059, dated the 18th April, 1960.

(1) The President of India.

(2) The Vice-President of India.

(3) Governors of States.

(4) Cabinet Ministers of the Union or of any State.

(5) The Deputy Chairman and Members of the Planning Commission.

(6) The Ministers or State of the Union or of any State.

(7) 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) Lieutenant Governors of Union territories.

(11) The Deputy Speaker or the House of the People or any State Legislative Assembly.

(12) The Deputy Chairman or the Council of States or of any State legislative Council.

(13) Parliamentary Secretaries of the Union or of’ any State.

2. Certain words omitted by Act 47 of 1965, sec. 8 (w.e.f. 14-12-1966).

3. The words “during any period or” omitted by Act 2, of’ 1956, sec. 14.

4. The words “or employment” omitted by Act 47 of’ 1966, sec. 8. (w.e.f. 14-12-1966).

5. The words “during that period or” omitted by Act 2 of’ 1956, sec. 14.

6. Subs. by Act 47 of 1966, sec. 8, for certain words (w.e.f. 14-12-1966)-

7. Certain words omitted by Act 47 of 1966, sec. 8. (w.e.f. 14-12-1966).

8. The words “during any period” omitted by Act 2 of 1956, sec. 14.

9. The words “during that period” omitted by Act 2 of 1956, sec. 14.

10. Ins. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966). Original sub-section (7) was omitted by Act 2 or 1956, sec. 14.

11. Subs. by Act 58 of 1958, sec. 8., for sub-section (1).

12. Subs. by Act 47 of 1966, sec. 8, for subsection (3) (w.e.f. 14-12-1966)

Section 20 A. Special provisions for citizens of India residing outside India

(1) Notwithstanding anything contained in this Act, every citizen of India,—

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),

shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”

Section 21. Preparation and revision of electoral rolls

1[Preparation and revision of electoral rolls. (1) The electoral roll for each constituency shall be prepared in the prescribed timing 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-1

2[(2) The said electoral roll-

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

(i) Before each bye-election to the House of People or to the Legislative Assembly of a State; and

(ii) Before each bye-election to fill in casual vacancy in a seat allotted to the constituency; and

(b) Shall be revised in any year in the prescribed Banner by reference to the qualifying date if such revision has been directed by 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 subsection (2), the Election Commission may it 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 or 1956, sec. 15, for section 21 to 25.

2. Subs. by Act 47 of 1966, sec. 9, for subsection (2) (w.e.f. 14-12-1966).

Section 22. Correction of entries in electoral rolls

1[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 any be given by the Election Commission in this behalf, amend, transpose or delete the entry: 2[“after proper verification of the facts in such manner as may be prescribed”]

Provided that before taking action on 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. 2[“after proper verification of facts in such manner as may be prescribed”]

——————–

1. Subs. by Act 58 of 1958, sec. 9, for section 22.

2. Ins. by Act 26 of 2010 w.e.f. 21-9-2010

Section 23. Inclusion of names in electoral rolls

1[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: 1[after proper verification of facts in such manner as may be prescribed]

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. [after proper verification of facts in such manner as may be prescribed]

——————–

1. Ins. by Act. 26 of 2010 w.e.f. 21-9-2010.

Section 24. Appeals

1[Appeals. An appeal shall lie within such time and in such manner as may be prescribed-

(a) To the 4[district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank], from any order of the electoral registration officer under section 22 or section 23 2[***]

5[(b) To the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a)]

3[***]

——————–

1. Subs. by Act 47 of 1966, sec. 10, for section 23 (w.e.f. 14-12-1966)

2. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-0-1961) Former section 24 ins. by Act 60 of 1956, sec. 2 and was omitted by Act 58 of 1958, ,cc. 10.

3. The word “and” and clause (b)) omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12- 1966).

4. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

5. Inserted by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 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.]

Section 25 A. Conditions or registration as elector in Sangha constituency in Sikkim

1[Conditions or 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 field 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).

Section 26. Preparation of electoral rolls for Assembly constituencies

PART IV

1[ELECTORAL, ROLLS FOR COUNCIL, CONSTITUENCIES]

——————–

1. Subs. by Act 2 of 1956, sec. 16, for the former heading.

26. Preparation of electoral rolls for Assembly constituencies.

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 17

Section 27 A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

1[PART IVA]

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES

——————–

1. Part IVA ins. by Act 73 of 1950, sec. 8.

27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories.

(1) 2[For the purpose of filling any seat] or seats in the Council of States allotted to any 1[Union territory] 3[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 3[each such territory]

4[* **].

4[***]

5[***]

6[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act, 1966 (19 of 1966).]

7[(4) 8[The electoral college for the Union territory of 9[***] 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).]

10[***]

11[***]

——————–

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for” Part C States

2. Subs. by Act 29 of 1975, sec. 11(w.e.f. 15-8-1975).

3. The words “for group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956. 12. Subs. by the Adaptation of Laws (No. 2) Order, 1956.

4. The words “or (group of states” and proviso omitted by Act 2 of 1956.

5. Sub-section (2) omitted by Act 20 of 1963, sec. 57 and Sch. II.

6. Subs. by Act to of 1966, sec. 35, for sub-section (3).

7. Subs. by Act 2o of’ 1963, see, 57 and Sub. II, for sub-section (4)

8. Subs. by Act 69 of’ 1986, sec. 7, for certain words (w.e.f. 20-2-1987).

9. The word “Mizoram” omitted by Act 34 of 1986, sec. 7 (w.e.f. 20-2-1987).

10. Sub-section (5) omitted by Act 29 of 1975. sec. 11 (w.e.f. 15-8-1975)

11. Sub-section (6) omitted by Act 32 of 1954. sec. 7

Section 27 B. Electoral College constituencies

Rep. by the Territorial Council Act, 1956 (103 of 1956, sec. 65

######

#####

Section 27 D. Power to alter or amend orders

Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 651

Section 27 E. Procedure as to orders delimiting constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 21

Section 27 F. Electoral rolls for Council of States constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) sec. 22

Section 27 G. Termination of membership for 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 27 H. Manner of filling of seats in the Council of States allotted to Union territories

1[***] The sell or seats in the Council of’ States allotted to any 2[Union territory] 3[***] in the Fourth Schedule lo 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 fore the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Pail C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seal allotted to the Union territory of Tripura

——————–

1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by the Adaptation or laws (No. 2) Order, 1956, for “Part C States”.

3. The words “or group of’ such States” omitted by the Adaptation of act (No. 2) Order, 1956.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “such State.”

5. The words “or group of States” omitted by Act 2 of 1956, sec. 23.

6. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

Section 27 I. Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and the States of Manipur and Tripura

Rep. By the Adaptation of Laws (No. 2) Order, 1956.

Section 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 2[***]

——————–

1. Certain words omitted by Act 49 of 1951, sec. 44 and Sch. V.

2. See The Registration of Electors Rules, 1960.

Section 27 K. Electoral colleges for certain States for which Legislative Assemblies have been constituted

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 29. Staff of local authorities to he made available

1[Staff of local authorities to he 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.]

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 ail electoral registration officer, or of any decision given by any authority, appointed under this Act for the revision of any such roll.

——————–

1. Subs. by Act 2 of 1956, sec. 25, for section 29.

Section 31. Making false declarations

1[2[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. Ins. by Act 58 of 1958, sec. 11.

2. Subs. by Act 20 of 1960, sec. 4, for section 31.

Section 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 the 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 1[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 such offence publishable 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. Subs. by Act 21 of 1996, sec. 2 (w.e.f 1-8-1996).

Schedule 1

1[THE FIRST SCHEDULE

(See Section 3)

Allocation of seats in the House of the People

Name of the State/Union territory

Number of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time

Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

1

2

3

4

5

6

7

I Status:

1. Andhra Pradesh

42

6

2

42

7

3

2. Arunachal Pradesh

2

..

..

2

..

..

3. Assam

14

1

2

14

1

2

4. Bihar

40

7

..

40

6

..

5. Chhattisgarh

11

2

4

11

1

4

6. Goa

2

..

..

2

..

..

7. Gujarat

26

2

4

26

2

4

8. Haryana

10

2

..

10

2

..

9. Himachal Pradesh

4

1

..

4

1

..

10. Jammu & Kashmir

6

..

..

6

..

..

11. Jharkhand

14

1

5

14

1

5

12. Karnataka

28

4

..

28

5

2

13. Kerala

20

2

..

20

2

..

14. Madhya Pradesh .

29

4

5

29

4

6

15. Maharashtra

48

3

4

48

5

4

16. Manipur

2

..

1

2

..

1

17. Meghalaya

2

..

..

2

..

2

18. Mizoram

1

..

1

1

..

1

19. Nagaland

1

..

..

1

..

..

20. Orissa

21

3

5

21

3

5

21. Punjab

13

3

..

13

4

..

23. Sikkim

1

..

..

1

..

..

24. Tamil Nadu

39

7

..

39

7

..

25. Tripura

2

..

1

2

..

1

26. Uttarakhand

5

..

..

5

1

..

27. Uttar Pradesh

80

18

..

80

17

..

28. West Bengal

42

8

2

42

10

2

II Union Territories

1. Andman and Nicobar Islands

1

..

..

1

..

..

2. Chandigarh

1

..

..

1

..

..

3. Dadra and Nagar Haveli

1

..

1

1

..

1

4. Delhi

7

1

..

7

1

..

5. Daman and Diu

1

..

..

1

..

..

6. Lakshadweep

1

..

1

1

..

1

7. Puducherry

1

..

..

1

..

..

Total

543

79

41

543

84

47

——————-

1. Subs. By Act No. 10 of 2008 w.e.f. 28-3-2008

Schedule 2

1[THE SECOND SCHEDULE

(See Sections 7 and 7-A)

TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES

Name of the State/Union territory

Number of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time

Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

1

2

3

4

5

6

7

I Status:

1. Andhra Pradesh

294

39

15

294

48

19

2. Arunachal Pradesh

60

..

59

60

..

59

3. Assam

126

8

16

126

8

16

4. Bihar

243

39

..

243

38

2

5. Chhattisgarh

90

10

34

90

10

29

6. Goa

40

1

..

40

1

..

7. Gujarat

182

13

26

182

13

27

8. Haryana

90

17

..

90

17

..

9. Himachal Pradesh

68

16

3

68

17

3

10. Jammu and Kashmir*

76

6

..

11. Jharkhand

81

9

28

81

9

28

12. Karnataka

224

33

2

224

36

15

13. Kerala

140

13

1

140

14

2

14. Madhya Pradesh .

230

34

41

230

35

47

15. Maharashtra

288

18

22

288

29

25

16. Manipur

60

1

19

60

1

19

17. Meghalaya

60

..

55

60

..

55

2[18. Mizoram

40

..

39

40

..

39]

19. Nagaland

60

..

59

60

..

59

20. Orissa

147

22

34

147

24

33

21. Punjab

117

29

..

117

34

..

22. Rajasthan

200

33

24

200

34

25

23. Sikkim

32

2

12**

32

2

12**

24. Tamil Nadu

234

42

3

234

44

2

25. Tripura

60

7

20

60

10

20

26. Uttarakhand

70

12

3

70

13

2

27. Uttar Pradesh

403

89

..

403

85

..

28. West Bengal

294

59

17

294

68

16

II Union Territories:

1. Delhi

70

13

..

70

12

..

2. Panducherry

30

5

..

30

5

..

——————–

*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 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

*Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.

——————–

1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Schedule 3

1[THE THIRD SCHEDULE

(SEE SECTION 10)

Allocation of Seats in the Legislative Councils

——————–

1. Subs. by Act 37 of 1957, sec. 12, for the Third Schedule.

Name of State

Number to be elected or nominated under article

Total number

Sub- clause

Sub- clause

Sub- clause

Sub- clause

Sub- Clause

1

2

3

4

5

6

7

1[***]

2. Bihar

96

34

8

8

34

12

2[***]

3[3.] Madhya Pradesh

90

31

8

8

31

1

4[***]

5[5.] Maharashtra

78

22

7

7

30

12]

6[6.]7[Karnataka]

75

25

7

7

25

11]

10[7][Tamil Nadu]

78

26

7

7

26

12]

8[***]

8. Uttar Pradesh

108

39

9

9

39

12

9[***]

——————–

1. Entry relating to Andhra Pradesh omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).

2. Entry relating to Bombay omitted by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

3. Renumbered by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

4. Entry relating to Tamil Nadu omitted by Act 40 of 1986, sec. 5 (w.e.f. 1-11-1986).

5. Ins. by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

6. Subs. by Act 31 of 1987, sec. 2.

7. 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).

8. Entry relating, to Punjab omitted by Act 46 of 1969, sec. 5 (w.e.f. 7-1-1970).

9. Entry relating, to West Bengal omitted by Act 20 of 1969, sec. 5 (w.e.f. 1.8.1969).

10. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 4

THE FOURTH SCHEDULE

[SEE SECTION 27(2)]

Local Authorities for purposes of Elections to Legislative Councils

1[***]

2[BIHAR

1. Nagar Parishads.

2. Cantonment Boards.

3. Nagar Panchayats.

4. Zila Parishads.

5. Panchayat Samitis.

6. Nagar Nigams (Corporations).

7. Gram Panchayats]

3[MADHYA PRADESH

4[1. Municipalities.

2. Janapada Sabhas.

3. Mandal Panchayats.

4. Cantonment Boards.

5. Notified Area Committees.

6. Town Area Committees]]

7. 5[***].

——————–

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. Subs By Act 6 of 2003 (dt. 6-1-2003).

3. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

4. Subs. by Act 37 of 1957, sec.12, for the former entries.

5. 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).

1[MAHARASHTRA

2[1. Municipalities.

2. Cantonment Boards.

3[***]

4. Zila Parishad.]]

4[5[KARNATAKA]

6[1. City Municipal Corporations.

2. City Municipal Councils.

3. Town Municipal Councils.

4. Town Panchayats.

5. Zilla Penchants.

6. Taluk Panchayats.

7. Grama Panchayats.

8. Cantonment Boards.]]

7[Tamil Nadu

1. Municipalities, as referred to in Article 243-Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994 Tamil Nadu Act 21 of 1994)]

UTTAR PRADESH

6[1. Municipal Corporations.

2. Municipal Councils

3. Zila Panchayats.

4. Nagar Panchayats.

5. Kshettra Panchayats.

6. Cantonment Boards]

——————–

1. Ins. by Act 40 of 1961, sec 6 (w.e.f 20-9-1961).

2. Subs. by Act 2 of 1 963, sec. 2, for the former entries.

3. Entry “3. Town Committees.” omitted by Act 21 of 1989, sec. 5

4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

5. 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).

6. Subs. by Act 29 of 1996.

7. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 5

THE FIFTH SCHEDULE

[Rep. By the Government of Union Territories Act, 1963 (20 of 19630, sec. 57 and the Second Schedule].

Schedule 6

THE SIXTH SCHEDULE

[Rep. By the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27].

Schedule 7

THE SEVENTH SCHEDULE

[Rep. By the Representation of the people (Amendment) Act, 1956 (2 of 1956) sec. 27]

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