jk Vªirh; vksj mijk Vªirh; fuokzpu vf/kfu;e] PDF

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Hkkjr ljdkj fof/k] U;k; vksj deiuh dk;z ea=ky; jk Vªirh; vksj mijk Vªirh; fuokzpu vf/kfu;e] 1952 ¼1952 dk vf/kfu;e la[;kad 31½ rfkk fu;e [1& flrecj] 1978 dks ;Fkkfo eku] The Presidential and Vice-Presidential

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Hkkjr ljdkj fof/k] U;k; vksj deiuh dk;z ea=ky; jk Vªirh; vksj mijk Vªirh; fuokzpu vf/kfu;e] 1952 ¼1952 dk vf/kfu;e la[;kad 31½ rfkk fu;e [1& flrecj] 1978 dks ;Fkkfo eku] The Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952) and Rules [As on 1 st September, 1978] 1979 izca/kd] Hkkjr ljdkj eqnz.kky;] ukfld }kjk eqfnzr rfkk izdk ku& fu;u=d] Hkkjr ljdkj] flfoy ykbul] fnyyh & }kjk izdkf kra PREFACE TO THE FIRST EDITION This is a diglot edition of the Presidential and Vice-Presidential Elections Act, 1952 as on 1st My, 1974 containing the authoritative Hindi text thereof and the, Hindi and English versions of the rules made thereunder. The Hindi text of the Act was published in the Gazette of India, Extraordinary, Part II. Section 1A, No. 2, Vol. III, dated 6th April, 1967 on pages 480 to 489. The Hindi text of the Presidential and Vice -Presidential Elections (Amendment) Act, which has been incorporated in the main Act was published in the Gazette of India, Extraordinary, Part II, Section 1A, No. 15, Vol. X, dated 13th June, The Hindi text of the rules was published in the Gazette of India Extraordinary, Part n, Section 3A, dated 21st May, The Hindi texts were prepared by the Official Language (Legislative) Commission and were published under the authority of the President under section 5(/) of the Official Languages Act, 1963, and on such publication these became the authoritative texts thereof in Hindi. NEW DELHI: 1ST JULY, K. K. SUNDARAM, Secretary to the Government of India. PREFACE TO THE SECOND EDITION As all the copies of the first diglot edition of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952) have been sold, the second edition is being published, incorporating the amendments made in it till 1st September, The present edition also gives, legislative history of the Act. NEW DELHI: 1ST SEPTEMBER, S. HARIHAR IYER, Secretary to the Government of India. LIST OF AMENDING ACTS 1. The Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 of 1974). 2. The Presidential and Vice-Presidential Elections (Amendment) Act, 1977 (20 of 1977). THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS 3 Returning Officer and his assistants. 4. Appointment of dates for nominations, etc 5. Public notice of election. 5A. Nomination of candidates. 5B. Presentation of nomination papers and requirements for a valid nomination. 5C. Deposit. 5D. Notice of nominations and the time and place for their scrutiny. 5E Scrutiny of nominations. 6. Withdrawal of candidature. 7. Death of candidate before poll. 8. Procedure in contested and uncontested elections. 9. Manner of voting at elections. 10. Counting of votes. 11. Declaration of results. 12. Report of the result. PART HI DISPUTES REGARDING ELECTIONS 13. Definitions. 14. Authority to try election petitions. 14A. Presentation of petition. 15. Form of petitions, etc., and procedure. 16. Relief that may be claimed by the petitioner. 17. Orders of the Supreme Court. 18. Grounds for declaring the election of a returned candidate to be void. 19. Grounds for which a candidate other than the returned candidate may be declared to have been elected. 20. Transmission of orders to the Central Government and its publication. PART IV MISCELLANEOUS 20A. Return or forfeiture of candidate's deposit. 21. Power to make rules. 22 Maintenance of secrecy of voting. 23. Jurisdiction of civil courts barred. THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 (ACT NO. 31 OF 1952) [14th March, 1952] 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 PRELIMINARY Short title. Definitions. 1. This Act may be called the Presidential and Vice-Presidential Elections Act, In this Act, unless the context otherwise requires, Returning Officer and his assistants. (a) article means an article of the Constitution ; (b) election means 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 J [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 subsection (2) of section 3 ; (h) Vice-Presidential election means an election to fill the office of the Vice-President of India. PART II CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS 3. (1) For the purpose 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 Returning Officers. 1. Substituted by section 2 of Act 5 of 1974, for a member of either House of Parliament . 2. Inserted by section 2, ibid. 3. Substituted by section 2, ibid., for authorized . 26 of 1881 2 Presidential and Vice-Presidential Elections Act, 1952 [Sections 3 5 A] (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. Appointment of dates for nominations, etc [(1) The Election Commission shall, by notification in the Official Gazette, appoint for every election (a) the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, or, if that day is a public holiday, the next succeeding day which is not a public holiday ; (b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, it that day is a public holiday, the next succeeding day which is not a public holiday ; (c) the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is public 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 the fifteenth day after the last date for the withdrawal of the candidatures.] (2) In the case of the first Presidential and Vice-Presidential elections, the notifications under sub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted (3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vice- President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office of 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 of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy. Public notice of election. Nomination of candidates. 2 [5. On the issue of a notification under sub-section (1) of section 4, the Returning Officer for the election shall give 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. 5A. Any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution. 1. Substituted by section 3 of Act 5 of 1974, for sub-section (/). 2. Substituted by section 4, ibid., for section 5. 3 Presidential and Vice-Presidential Elections Act, 1952 [Sections 5B 5C] Presentation of 5B. (1) On or before the date appointed under clause (a) of subsection (1) of nomination papers and requirements section 4, each candidate shall, either in person or by any of his proposers or for a valid nomination. seconders, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon, deliver to the Returning Officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and (a) in the case of Presidential election, also by at least ten electors as proposers and at least ten electors as seconders ; (b) in the case of Vice-Presidential election, also by at least five electors as proposers and at least five electors as seconders: Provided that no nomination paper shall be presented to the Returning Officer on a day which is a public holiday. (2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector. (3) The Returning Officer shall not accept any nomination paper which is presented on any day before eleven o'clock in the forenoon and after three o'clock in the afternoon. (4) Any nomination paper which is not received before three o'clock in the afternoon on the last date appointed under clause (a) of sub-section (1) of section 4 or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself. (5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered. (6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer. Deposit. 5C. (1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of two thousand five hundred rupees: Provided that where a candidate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required of 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 4 Presidential and Vice-Presidential Elections Act, 1952 [Sections 5C 5E] 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. Notice of nominations and the time and place for their scrutiny. 5D. On the presentation of a nomination paper, the Returning Officer shall (a) sign thereon a certificate stating the date and time 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 Scrutiny of nominations. 5E. (1) On the date fixed for the scrutiny of nominations under subsection (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 paper 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 date fixed for the scrutiny of nominations the nomination papers already rejected under sub-section (4) of section 5B. (3) The Returning 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, after 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 Presidential and Vice-Presidential Elections Act, 1952 [Sections 5E 7] (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 appoint ed 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.] 43 of 1950 Withdrawal candidature. of 6. (1) Any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three o'clock in the afternoon 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 [by any one of his proposers or seconders] who has been authorized in this behalf in writing by such candidate. (2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice. 2 [(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.] Death of candidate before poll. 7. 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 Returning Officer before the commencement of the poll, the Returning 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. 1. Substituted by Act 5 of 1974, section 5, for by his proposer or seconder . 2. Substituted by Act 5 of 1974, section 5, for sub-section (3). 6 Presidential and Vice-Presidential Elections Act, 1952 [Sections 8 13] Procedure in contested and uncontested elections. 8. If after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 6 (a) there is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that sub-section, the Returning Officer shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, as the case may be ; (b) the number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken ; (c) there is no candidate who has been duly nominated and has not so withdrawn his candidature, the Returning Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and for that purpose the Election Commission shall cancel the notification issued under sub-section (/) of section 4 in respect of such election and issue another notification under that sub-section appointing the dates referred to in that sub-section for the purposes of such fresh election. Manner of voting at elections. Counting of votes. 9. At every election where a poll is taken, votes shall be given by bal lot in such manner as may be prescribed, and no votes shall be received by proxy. 10. At every election where a poll is taken, votes shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorized in writing by the candidate, shall have a right to be present at the time of counting. 11. When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result
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