SALIENT FEATURES OF THE REPRESENTATION OF THE PEOPLE ACT, 1950 The Representation of the People Act specifies the provisions for the allocation of seats in, and the delimitation of constituencies 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, the manner of filling seats in the Council of States to be filled by representatives of Union territories and matters connected therewith. Definitions of the key terms used in Act: a) article means an article of the Constitution; b) Assembly constituency means a constituency provided [by law] for the purpose of elections to the Legislative Assembly of a State; c) Council constituency means a constituency provided [by law] for the purpose of elections to the Legislative Council of a State; d) Parliamentary constituency means a constituency provided [by law] for the purpose of elections to the House of the People; e) State includes a Union territory; f) State Government, in relation to a Union territory, means the administrator thereof. Some salient points of the Act are: HOUSE OF 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 is in accordance with the First Schedule of the Constitution. • All the seats in the House of the People allotted to the States shall be filled by persons chosen by direct election from parliamentary constituencies in the States. • Every parliamentary constituency shall be a single-member constituency. • 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 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. OFFICERS 1. Chief electoral officers: 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. 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 2. District election officer: For each district in a State, 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. 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. 3. Electoral registration officers The electoral roll [for each parliamentary constituency in the State of Jammu and Kashmir or in 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. 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. ELECTORAL ROLL 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. 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 practices and other offences in connection with elections. No person shall be entitled to be registered in the electoral roll for more than one constituency. No person shall be entitled to be registered in the electoral roll for any constituency more than once. Every person who — (a) is not less than [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. 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. A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. 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. 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. 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. 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. MISCELLANEOUS • 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. • 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. • 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.
Posted on: Tue, 18 Mar 2014 09:32:11 +0000
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