Election Laws, Practice and Procedure

How India Votes Election Laws, Practice and Procedure First Edition V S Rama Devi Governor of Karnataka (Former Governor of Himachal Pradesh, Chief Election Commissioner of India, Secretary General to the Council of States & Law Secretary to Government of India) S K Mendiratta Consultant, Election Commission of India (Former Principal Secretary and Director (Law) Election Commission of India) Butterworths Butterworths India New Delhi

Preface Preface Table of Contents Table ofcases List of Abbreviations v vii ix xvii xxxi CHAPTER 1 Introductory 1 General 1 History of Elections in Ancient India 2 History of Elections During British Rule 4 Historical Background of Setting Up of Constituent Assembly for India 8 Framing of the Constitution of India 12 Democracy and Parliamentary System in India 19 CHAPTER 2 Parliament of India 25 Composition of Parliament 25 Council of States 26 House of the People 44 CHAPTER 3 State Legislatures 65 Introductory 65 Legislatures for States 65 State Legislative Assemblies (Except Jammu and Kashmir) 66 State Legislative Councils 77 ix

Legislatures for Union Territories 95 Legislature for the State of Jammu and Kashmir 98 Legislative Council of Jammu and Kashmir 102 CHAPTER 4 President of India 107 Introductory 107 Term of Office of President 109 Eligibility for Re-election 111 Electoral College for Election of President 111 Manner of Election of President 115 Time Limit for Holding Presidential Election 121 Conduct of Presidential Election 122 Disputes relating to Presidential Election 153 Vice-President of India 165 Conduct of Vice-presidential Election 169 Disputes relating to Vice-Presidential Election 171 CHAPTER 5 Election Commission and Election Machlnery 173 Introductory 173 Election Commission 176 Electoral Machinery 203 Disciplinary Control of Election Commission Over Election Machinery 217 CHAPTER 6 Delimitation of Constituencies 221 Introductory 221 Bar to Interference by Courts in Delimitation Matters 222 Delimitation of Parliamentary and Assembly Constituencies (Except Assembly Constituencies in Jammu and Kashmir).. 226 Delimitation of Council Constituencies 243 Delimitation of Assembly Constituencies in Jammu and Kashmir 245 Delimitation of Council Constituencies in Jammu and Kashmir 247

CHAPTER 7 Electoral Rolls and Electors' Identity Cards 249 Introductory 249 Electoral Rolls and Elections 253 Procedure for Preparation and Revision of Electoral Rolls for Parliamentary and Assembly Constituencies 275 Preparation of Electoral Rolls for Council Constituencies (Except Jammu and Kashmir) 310 Procedure for Preparation of Electoral Rolls for Graduates' and Teachers' Constituencies 311 Procedure for Preparation of Electoral Rolls for Local Authorities' Constituencies 313 Preparation and Revision of Electoral Rolls for Assembly and Council Constituencies in Jammu and Kashmir 314 Electors' Identity Cards 316 CHAPTER 8 Qualifications & Disqualifications for Membership of Parliament & State Legislatures 325 Introductory 325 Qualifications for Membership of Parliament and State Legislatures (Except State Legislature of Jammu and Kashmir and Legislative Assemblies of National Capital Territory of Delhi and Union Territory of Pondicherry)... 329 Disqualifications for Membership of Parliament and State Legislatures (Except State Legislature of Jammu and Kashmir and Legislative Assemblies of National Capital Territory of Delhi and Union Territory of Pondicherry)... 350 Qualifications and Disqualifications for Membership of Jammu and Kashmir State Legislature 401 Qualifications and Disqualifications for Membership of the Legislative Assembly of the National Capital Territory of Delhi 406 Qualifications and Disqualifications for Membership of the Legislative Assembly of die Union Territory of Pondicherry 407 xi

CHAPTER 9 Election Programme 409 General 409 Considerations to be Kept in View While Fixing Election Programme 414 Announcement of Election Schedule 415 Formal Notification of Election 416 Publication of Election Notification 418 Time Limit for Notifying General Elections to Lower Houses.. 418 Time Limit for Notifying Biennial Elections to Upper Houses.. 420 Time Limit for Notifying Bye-elections 421 Notification of Election Time-Table 423 Last Date for Making Nominations 424 Last Date for the Withdrawal of Candidatures 425 Dates of Poll 426 Counting of Votes 428 Public Notice of Election 429 CHAPTER 10 Nominations, Scrutiny and Withdrawal of Candidatures 431 Introductory 431 Nominations 431 Scrutiny of Nominations 459 Withdrawal of Candidatures 471 Candidate's Election Agent 475 CHAPTER 11 Political Parties and Election Symbols 479 Introductory 479 Political Parties and Election Symbols 482 Registration of Political Parties 490 Recognition of Political Parties 507 Setting Up of Candidates by Political Parties 517 Election Symbols 521 Allotment of Election Symbols 527 Splits and Mergers of Political Parties 532 xii

CHAPTER 12 Campaign Period 547 Introductory 547 Model Code of Conduct 549 Use of Government Owned Electronic Media by Political Parties During Elections 569 Use of Loudspeakers 577 Defacement of Public and Private Property 581 Säle of Liquor 583 Regulatory Orders on Use of Firearms and Other Lethal Weapons 586 Use of Vehicles 590 Opinion Polls and Exit Polls 594 CHAPTER 13 Poll 603 Introductory 603 Voting at Elections to the House of the People and State Legislative Assemblies 605 Polling Stations 606 Polling Parties 611 Polling Agents of Candidates 611 Candidates' Booths Outside Polling Stations 614 Voting Systems Followed in India 6l6 Electronic Voting System 628 Manner of Voting at Elections 635 Voting in Person at Polling Stations 642 Voting Procedure at Polling Stations Where Poll is Taken by Using Ballot Papers and Ballot Boxes 644 Voting Procedure at Polling Station Where Electronic Voting Machine is Used 669 Adjournment of Poll and Fresh Poll at Any Polling Station or in the Constituency 671 Voting at Elections to the Council of States and State Legislative Councils 679 XII]

CHAPTER 14 Counting of Votes 687 Introductory 687 Counting of Votes at Elections to the House of the People and State Legislative Assemblies 689 Systems of Counting, System of Counting, Polling Stationwise and by Mixing of Ballot Papers 690 Counting of Postal Ballot Papers 706 Counting of Votes Cast at Polling Stations 710 Further Procedure of Counting Where Votes Are Counted Polling Stationwise 712 Detailed Procedure of Counting by Mixing of Ballot Papers... 722 Recount of Votes 724 Counting of Votes in Constituencies Where Electronic Voting Machines Are Used 729 Counting of Votes at Elections to the Council of States and State Legislative Councils,»730 Counting of Votes at Election to the Council of States or a State Legislative Council, Where Only One Seat is to be Filled...: 731 Counting of Votes at Election to the Council of States or a State Legislative Council, Where More Than One Seat is to be Filled 742 CHAPTER 15 Declaration of Results and Constitution of Houses 753 Introductory. 753 Uncontested Returns 754 Contested Returns 756 Due Constitution of the House of the People 763 Due Constitution of State Legislative Assemblies 765 Publication of Results of Elections to the Council of States and State Legislative Councils 767 Prohibition of Simultaneous Membership of Parliament and State Legislatures 768 CHAPTER 16 Electoral Corrupt Practices and Electoral Offences 773 Introductory 773 xiv

Distinction Between Corrupt Practices and Electoral Offences.. 774 Corrupt Practices 776 Electoral Offences 853 CHAPTER 17 Election Disputes 867 Introductory 867 Election Petitions 876 Contents of Election Petition. 908 Trial of Election Petitions 923 Recriminatory Petition 944 Allegations of Corrupt Practices against Third Persons... 949 Withdrawal or Abatement of Election Petition or Dismissal for Non-prosecution 951 Decision of the High Court 955 Election Appeals 959 CHAPTER 18 Conclusion 967 General 967 Criminalisation of Politics 970 Educational Qualifications for Membership of Parliament and State Legislatures 972 Representation of Women in Parliament and State Legislatures. 973 Electoral System 974 Panchayati Raj Institutions for Local Self-Government 980 Municipalities 986 Appendices I Council of States 991 II House of the People 998 HI State Legislative Assemblies 1008 IV State Legislative Councils 1016 V Local Authorities' Constituencies of State Legislative Councils 1022 VI President of India 1024 VII Presidential Election 1997 1026 VIII Vice-Presidents of India 1028 xv

IX Model Code of Conduct for the Guidance of Political Parties and Candidates 1029 X Counting of Votes Under Proportional Representational System by Means of Single Transferable Vote Sample Result Sheet 1034 XI Extracts from the Constitution 1040 XII Indian Penal Code 1860 1084 XIII Representation of the People Act 1950 1087 XIV The Representation of the People Act 1951 1116 XV The Presidential and Vice-Presidential Elections Act 1952.. 1189 XVI The Conduct of Elections Rules 1961 1200 XVII The Prohibition of Simultaneous Membership Rules 1950.. 1337 XVIII The Registration of Electors Rules I960 1338 XIX The Election Symbols (Reservation and Allotment) Order 1968 1395 Index 1411 xvi