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PREFACE the Present Edition of the Manual of Election Law Is Being PREFACE The present edition of the Manual of Election Law is being published in diglot (Hindi-English) form. It contains two Volumes – Volume I and Volume II. Volume 1 contains Extracts from the Constitution, Acts of Parliament, Rules and Orders under the Constitution and Central and State Law relating to Removal of Disqualification and Volume II contains Statutory Rules and Orders and Statutory Orders etc. This edition of the Manual of Election Law has been, by incorporating the amendments therein, updated upto 20th September, 2011. NEW DELHI; V.K.BHASIN, The 20th September, 2011. Secretary to the Government of India. LIST OF ABBREVIATIONS USED Cl. ……………………………………………………………. for Clause Ins. ……………………………………………………………. ” inserted Notifin. ……………………………………………………………. ” Notification P. ……………………………………………………………. ” Page Rep. ……………………………………………………………. ” Repealed S. & Sec. ……………………………………………………………. ” Section Sch. ……………………………………………………………. ” Schedule Subs. ……………………………………………………………. ” Substituted w.e.f. ……………………………………………………………. ” with effect from MANUAL OF ELECTION LAW VOLUME 1 CONTENTS PREFACE PART I EXTRACTS FROM THE CONSTITUTION EXTRACTS FROM THE CONSTITUTION PART II ACTS OF PARLIAMENT 1. Extracts from The Indian Penal Code (45 of 1860) 2. The Representation of The People Act, 1950 (43 of 1950) 3. The Representation of The people act, 1951 (Act no. 43 of 1951). 4. Extracts from The States Reorganisation Act, 1956 (37 of 1956) 5. Extracts from The Government Of Union Territories Act, 1963 (20 of 1963) 6. Extracts from The Government of National Capital Territory of Delhi Act, 1991 (1 of 1992) 7. The Jammu and Kashmir Representation of The People (Supplementary) Act, 1968 (3 of 1968) 8. The Delimitation Act, 2002 (33 of 2002) 9. The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (108 of 1976) 10. Extracts from The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989) PART III RULES AND ORDERS UNDER THE CONSTITUTION 1. Officers Before Whom Candidates May Make Or Subscribe Oath Or Affirmation 2. The Prohibition Of Simultaneous Membership Rules, 1950 3. The Constitution (Scheduled Castes ) Order, 1950 4. The Constitution (Scheduled Castes ) 2[(union territories)] Order 1951 5. The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 6. The Constitution (Dadra and nagar Haveli) Scheduled Castes Order, 1962 7. The Constitution (Pondicherry) Scheduled Castes Order, 1964 8. The Constitution (Sikkim) Scheduled Castes Order, 1978 9. The Constitution (Scheduled tribes) Order, 1950 10. The Constitution (Scheduled Tribes) [(Union Territories)] Order, 1951 11. The Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 12. The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962 13. The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 14. The Constitution (Nagaland) Scheduled Tribes Order, 1970 15. The Constitution (Sikkim) Scheduled Tribes Order, 1978 16. The Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989 PART-IV LAW RELATING TO REMOVAL OF DISQUALIFICATION 1. The Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959) 2. Acts of The state legislatures relating to removal of disqualifications 1. The Andhra Pradesh Payment of Salaries and Pension and Removal of Disqualifications Act, 1953 2. The Arunachal Pradesh Legislature Members (Prevention of Disqualifications) Act, 1977 3. The Assam State Legislature Members (Removal of Disqualifications) Act, 1950 4. The Bihar Legislature (Removal of Disqualifications) Act, 1950 5. The Goa, Daman and Diu Members of Legislative Assembly (Removal of Disqualification) Act, 1982 6. The Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960 7. The Haryana State Legislature (Prevention of Disqualifications) Act, 1974 8. The Himachal Pradesh Legislative Assembly Members (Removal Of Disqualifications), Act, 1971 9. The Jammu and Kashmir State Legislature (Prevention of Disqualification) Act, 1962 10. The Karnataka Legislature (Prevention of Disqualification) Act, 1956 11. The Legislative Assembly (Removal of Disqualifications) Act, 1951 12. The Legislative Assembly (Removal of Disqualifications) Amendment Act. 1979 13. The Madhya Pradesh Vidhan Mandal Sadasya Nirharta Nivaran Adhiniyam, 1967 14. The Maharashtra Legislature Members (Removal of Disqualification) Act, 1956 15. The Manipur Legislature (Removal of Disqualifications) Act, 1972 16. The Prevention Of Disqualification (Members of The Legislative Assembly of (Meghalaya) Act, 1972 17. The Mizoram Union Territory Legislature Members’ (Removal of Disqualifications Act, 1975 18. The Nagaland State Legislature Members (Removal Of Disqualification) Act, 1964 19. The Orissa Offices Of Profit (Removal of Disqualifications) Act, 1951 20. The Parliamentary Secretary (Payment of Special Allowance And Prevention Of Disqualification) Act, 1971 21. The Pondicherry Members Of The Legislative Assembly (Prevention Of Disqualification) Act, 1994 22. The Punjab State Legislature (Prevention Of Disqualification) Act, 1952 23. The Rajasthan Legislative Assembly Members (Removal of Disqualification) Act, 1956 24. The Sikkim Legislative Assembly Members (Removal of Disqualifications) Act, 1978 25. The Tamil Nadu Legislature (Prevention of Disqualification) Act, 1967 26. The Tripura State Legislature Members (Removal of Disqualifications) Act, 1972 27. The Uttar Pradesh State Legislature (Prevention of Disqualification) Act, 1971 28. The West Bengal Legislature (Removal of Disqualifications) Act, 1952 PART I EXTRACTS FROM THE CONSTITUTION * * * * * PART V THE UNION CHAPTER I.—THE EXECUTIVE The President and Vice-President 52. The President of India.—There shall be a President of India. * * * * * 54. Election of President.—The President shall be elected by the members of an electoral college consisting of— (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. 1[Explanation.—In this article and in article 55, "State" includes the National Capital Territory of Delhi and the Union territory of 2[Puducherry].] 55. Manner of election of President.—(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:— (a) every elected member of the legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. 3[Explanation.—In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 4[2026] have been published, be construed as a reference to the 1971 census.] 56. Term of office of President.—(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that— (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; __________________________________________________________________________________ 1. Ins. by the Constitution (Seventieth Amendment) Act, 1992, s. 2 (w.e.f. 1-6-1995). 2. Subs. by Act 44 of 2006, s. 3 (w.e.f. 1-10-2006). 3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 12, for the Explanation (w.e.f. 3-1-1977). 4. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000". 2 Extracts from the Constitution (PART I) (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. 57. Eligibility for re-election.—A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. 58. Qualifications for election as President.—(1)
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