¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de India
Email Facebook Twitter Google Linkedin Tumblr

PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT

Ministry of Law and Justice

Act nº 31 of 1952


  • Part I
  • Part II
  • Part III. Disputes Regarding Elections
  • Part IV
  • Amending Acts
  • Act nº 31 of 1952

Preamble

THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952

[Act, No. 31 of 1952]

[14th March, 1952]

PREAMBLE

An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India.

BE it enacted by Parliament as follows :--

Part I

Section 1. Short title

This Act may be called The Presidential and Vice-Presidential Elections Act, 1952.

Section 2. Definitions

In this Act, unless the contest otherwise requires,--

(a) "article" means an article of the Constitution;

(b) "election" moans a Presidential election or Vice-Presidential election;

(c) "Election Commission" means the Election Commission appointed by the President under Article 324;

(d) "Elector", in relation to a Presidential election, means a member of the electoral college referred to in Article 54, and in relation to a Vice-Presidential election, means 1 [a member of the electoral college referred to in Article 66;]

(e) "prescribed" means prescribed by rules made under this Act;

(f) "Presidential election" means an election to fill the office of the President of India;

2 [(ff) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881;]

(g) "Returning Officer" includes an Assistant Returning Officer performing any function which he is 3 [competent] to perform under sub-section (2) of section 3;

(h) "Vice-Presidential election" means an election to fill the office of the Vice-President of India.

1. Substituted for the words "a member of either House of Parliament" by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974.

2. Inserted, by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974.

3. Substituted tor the word "authorised", by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), section 2 w.e.f. 23-3-1974.


Part II

Section 3. Returning Officer and his assistants

(1) For the purposes of each election the Election Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Reluming Officers.

(2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer

Section 4. Appointment of dates for nominations, etc

1 [(1)The Election Commission shall, by notification in the Official Gazette, appointfor every election--

(a) the last date for making nominations, which shall be thefourteenth day after the date of publication of the notification under thissub-section, or, if that day is a public holiday, the next succeeding claywhich is not a public holiday;

(b) the date for the scrutiny ofnominations, which shall be the dayimmediately following the last date for making nominations or, if that day is apublic holiday, the next succeeding day which is not a public holiday;

(c) the last date for the withdrawal ofcandidatures, which shall be thesecond day after the date for the scrutiny of nominations or, if that day is apublic holiday, the next succeeding day which is not a public holiday;

(d) the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than thefifteenth day after the last date for the withdrawal of the candidatures.]

(2) In the case of the first Presidential and Vice-Presidentialelections, the notifications under sub-section (1) shall be issued as soon as may be afterboth Houses of Parliament have been constituted.

(3) In the case of an election to fill a vacancy caused by theexpiration of the term of office of the President or Vice-Prcsident, thenotification under sub-section (1) shall be issued on, or as soon as conveniently may be after, thesixtieth day before the expiration of the term of office of the outgoingPresident or Vice-President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will becompleted at such time as will enable the President or the Vice-Presidentthereby elected to enter upon his office on the day following the expiration of the term of officeof the outgoing President or Vice-President, as the case may be.

(4) In the case of an election to fill a vacancy in the office ofPresident or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under subsection (1) shall be issuedas soon as may be after the occurrence of such vacancy.

1. Sub-section (1) substituted by the Presidential andVice-Presidential Elections (Amendment) Act, 1974 (5 of 1974). section 3 (w.e.f. .23-3-1974).


Section 5. Public notice of election

On the issue ot a notification under sub-section (1) of section 4, the Returning Officer for the election shall giye public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

Section 5A. Nomination of candidates

Any person may be nominated as a candidate for election to the office of President or Vice-Prcsident if he is qualified to be elected to that office under the Constitution.

Section 5B. Presentation of nomination papers and requirements fora valid nomination

(1) On or before the date appointed under clause (a) of sub-section (1) of section 4, each candidate shall, " either in person or by any of his proposers orseconders, between thehours of eleven O'clock in the forenoon and three O'clock in the afternoon, deliver to theReturning Officer at the place specified in this behalf in the public noticeissued under section 5 a nomination paper completed in the prescribed form andsubscribed by the candidate as assenting to the nomination, and

(a) in the case of Presidential election, also by at least asproposers and at least [fifty electors]1 as seconders;

(b) in the case of Vice-Presidential election, also by at least asproposers and at least [twenty electors]2 as seconders :

Provided that no nomination paper shall be presented lo theReturning Officer on a day which is a public holiday.

(2) Each nomination paper shall be accompanied by,a certified copyof the entry relating to the candidate in the electoral roll for theParliamentary constituency in which the candidate is registered, as an elector.

(3) The Reluming Officer shall not accept any nomination paperwhich is presenied on any day before eleven O'clock in the forenoon and afterthree O'clock in the afternoon.

(4) Any nomination paper which is not received before threeO'clock in the afternoon on the last date appointed under clause (a) ofsub-section (1) of section 4 or to which the certified copy referred to insub-section (2) of this section is not attached shall be rejected and a briefnote relating to such rejection shall be recorded on the nomination paperitself.

(5) No elector shall subscribe, whether as proposer or asseconder, more than one nomination paper at the same election and, if he doeshis signature shall be inoperative on any paper other than the one firstdelivered.

(6) Nothing in this section shall prevent any candidate from beingnominated by more than one nomination paper for the same election :

Provided that not more than lour nomination papers shall bepresented by or on behalf of any candidate or accepted by the ReturningOfficer.

1.Substituted for "Ten electors" by ThePresidential & Vice-Presidential Elections (Amendment) Act, 1997 w.e.f.04.06.1997

2.Substituted for "five electors" by thePresidential & vice-Presidential Elections (Amendmen) Act, 1997 w.e.f.08.06.1997


Section 5C. Deposit

(1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of1[fifteen thousand rupees]

Provided, that where a candiate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required or him under this sub-section.

(2) The sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under sub-section (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.

1. Substituted for "two thousand five Hundred Rupees" by the Presidential & Vice-Presidential Elections (Amendment) Act, 1997 w.e.f. 05.06.1997


Section 5D. Notice of nominations and thetime and place for their scrutiny

On the presentation of a nomination paper, the Reluming Officer shall--

(a) sign thereon a certificate stating the date and lime of presentation of the nomination paper and enter thereon its serial number;

(b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations: and

(c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a).

Section 5E. Scrutiny of nominations

(1) On the date fixed for the scrutiny of nomination under sub-section (1) of section 4, the candidates, one proposer or one seconder of each candidate and one other person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under sub-section (4) of section 5B.

(2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the dale fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of section 5B.

(3) The Reluming Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination paper and may either on such objection or on his own motion, alter such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds :--

(a) that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election as President or Vice-President, as the case may be, under the Constitution; or

(b) that any of the proposers or seconders is not qualified to subscribe a nomination paper under sub-section (1) of section 5B; or

(c) that the nomination paper is not subscribed by the required number of proposers or seconders; or

(d) that the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud; or (e) that there has been a failure to comply with any of the provisions of section 5B or section 5C.

(4) Nothing contained in clauses (b) to (e) of sub-section (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.

(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.

(6) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of sub-section (1) of section 4 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control :

Provided that in case an objection is raised by the Returning Officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.

(7) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

(8) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to any of the disqualifications mentioned in section 16 of the Representation of the .People Act, 1950.]

Section 6. Withdrawal of candidature

(1) Any candidate may withdraw his candidature by a notice in writing in the prescribed formsubscribed by him and delivered before iforce. O'clock in theafternoon on the date fixed under clause (c) of sub section (1) of section 4, to the Returning Officer either by such candidate in person or 1 [byany one of his proposers or seconders] whohas been athorised in this behalf in writing by such candidate.

(2) No person who has given a notice of withdrawal of his candidature under sub-scction (1) shall be allowed to cancel thenotice.

2 [(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice ofwithdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuousplaec in his office.

1.Substituted for the words "by his proposer or seconder" by thePresidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), sections(w.e.f. 23-3-1974).

2. Substituted for sub-section (3), "by his proposer or seconder" by thePresidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974), sections(w.e.f. 23-3-1974).


Section 7. Death of candidate before poll

If a candidate, whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death, is received by the Reluming Officer before the commencement of the poll, the Reluming Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election Commission, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election :

Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll :

Provided further that no person who has under sub-section (1) of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election, after such countermanding.