The Representation Of The People Act, 1950

2[5.] Maharashtra

3[6.]4[Karnataka]

8. Uttar Pradesh

An Act to provide the allocation of seats in and the delimitation of constitution “ 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, 1[the manner of filling seats in the Council of States to be filled by representatives of 2[Union territories], and matters connected therewith.

BE it enacted by Parliament as follows:

1. Ins. by Act 73 of 1950, sec. 2.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C' States”.

PART-I

PRELIMINARY

1. Short title. -This Act may be called the Representation of the People Act, 1950.

2. Definitions : 1[***] In this Act, unless the context otherwise requires,-

(a) “Article” means an article of the Constitution;

(b) “Assembly constituency” means a constituency provided 2[by law] for the purpose of elections to the Legislative Assembly of a State;

(c) “Council constituency” means a constituency provided 3[by law for the purpose of elections to the Legislative Council of a State;

4[***]

(d) “Election Commission” means the Election Commission appointed by the President under article 324;

(e) “Order” means an order published in the Official Gazette;

(f) “Parliamentary constituency” means constituency provided 5[by law] for the purpose of elections to the House of the People;

6[* * *]

(g) “Person” does not include a body of persons;

(h) “Prescribed” means prescribed by rules made under this Act;

7[(i) “State” includes a Union territory;]

“State Government”, in relation to a Union Territory, means the administration for thereof.

8[***]

1. The brackets and figure “(1)” omitted by Act 103 of 1956, sec. 65.

2. Subs. by Act 2 of 1956, sec. 2, for “by order made under section 9”.

3. Subs. by the Adaptation of laws (No. 2) Order, 1956, for “by order made under section 11”.

4. Clause (cc) ins. by Act 73 of 1950, sec. 3 and omitted by Act 103 of 1956, sec. 65.

5. Subs. by Act 2 of 1956, sec. 2, for “by section 6 or by order made thereunder”.

6. Clause (ff) ins. by Act 67of 1951,sec. 2,was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1074, sec. 3 and Sch. (w.e.f. 21-1-1972).

7. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for the former clause (i) (w.e.f. 21.1.1972).

8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.

PART- II

ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES

The House of the People

1[3. Allocation of seats in the House of the 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 shall be shown in the First Schedule.

1. Subs. by Act 47 of 1966, sec. 2, for sections 3 and 4 (w.e.f. 14-12-1966).

4. Filling of seats in the House of the People and parliamentary constituencies. -

(1) 1[***]

2[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

3[(5) Save as provided in sub-section (4), the extent of all parliament constituencies encies 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 (76 of 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 (20 of 1963).]

1. Sub-section (1) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).

2. Subs. by Act 29 of 1975, sec. 11, for subsection (2) (w.e.f. 15-8-1975).

3. Subs. by Act 88 of 1976, sec. 2, for sub-section (5).

5. Parliamentary constituencies. -[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 4].

6. Delimitation of parliamentary constituencies. - [Rep. by the Adaptation of Laws (No. 2) Order, 19561.

The State legislative Assemblies

1[7. Total number of seats in Legislative Assemblies and Assembly constituencies: -

(1) 2[Subject to the provisions of 3[sub-section (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be 4[fifty-two], of which-

(a) 5[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and

(b) The remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.

6[(IA) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which-

(a) Twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;

(b) Two seats shall be reserved for the Scheduled Castes of the State; and

Explanation: - This subsection “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

7[(l B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987), -

(a) Thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) Fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalayi;

(c) Thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) Fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

8[(IC) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992].

(2) Every Assembly constituency referred to 9[in sub-section (1) of sub-section (I A) shall be a single-member constituency.

10[(3) 11[The extent of each Assembly constituency in all the States and Union territories except the assembly constituencies in the State of Sikkim and] 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 (76 of 1972) 4[the extent of each Assembly constituency in the State of Sikkim shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as amended by section 4 of the Representation of the People (Amendment) Act, 1980 (8 of 1980)] and the extent of each Assembly constituency in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission made under the provisions of the Government of Union Territories Act, 1963 (20 of 1963)].

1. Subs. by Act 47 of 1966, sec. 4, for section 7 (w.e.f. 14-12-1966). Original sections 8 and 9 were rep. by Act 2 of 1956, sec. 5 and the Adaptation of Laws (No. 2) Order, 1956, respectively.

2. Subs. by Act 8 of 1980, see. 2, for certain words (w.e.f. 1-9-1979).

3. Subs. by Act 38 of 1992, sec. 2, for “sub-sections (l A) and (l B)” (w.e.f. 5-12-1992).

4. Subs. by Act 61 of 1968, sec. 4, for “forty-six”.

5. Subs. by Act 61 of 1968, sec. 4, for “six seats”.

6. Ins. by Act 8 of 1980, sec. 2 (w.e.f. 1-9-1979).

7 Ins. by Act 40 of 1987, sec. 2 (w.e.f. 22-9-1987).

8. Ins. by Act 38 of 1992, sec. 2 (w.e.f. 5-12-1992).

9. Subs. by Act 8 of 1980, sec. 2, for “in sub-section (1)” (w.e.f. 1-9-1979).

10. Subs. by Act 88 of 1976, sec. 3, for sub-section (3).

11. Subs. by Act 8 of 1980, sec. 2, for certain words (w.e.f. 1-9-1979).

1[7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies. –

(1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted, the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1) shall be a single- member constituency.

(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment Act, 1975.]

1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

The Delimitation of Parliamentary and Assembly Constituencies Order:

8. Consolidation of delimitation orders. –

(1) As soon as may be, after all the orders referred to in sub-section (5) of section 4 or in sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies have been made by the Delimitation Commission or, as the case may be, the Election Commission and published in the Official Gazette, the Election Commission shall, after making such amendments as appears to it to be necessary for bringing up-to-date the description of the extent of the Parliamentary and assembly constituencies as given in such orders, consolidate all such orders into one single order to be known as 1[the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in subsection (5) of section 4 or in subsection (3) of section 7 and shall have the force of law and shall not be called in question in any Court.

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

2(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, as provided in subsection (5) of section 10 of the Delimitation Act, 1972 (76 of 1972), affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of' India of any such order or orders as may be relevant.]

1. Subs. by Act 88 of 1976, sec. 4, for certain words.

2. Ins. by Act 88 of 1976, sec. 4.

9. Power of Election Commission to maintain Delimitation Order up-to-date. -

(1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned, -

(a) Correct any printing mistake in 1[the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, or, as the case may be, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] or any error arising therein from inadvertent slip or omission;

2[(aa) Make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under any Central Act;]

(b) Where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

(2) Every notification under this section shall be laid as soon as may be after it is issued, before the House of the People and the Legislative Assembly to the State concerned.

1. Subs. by Act 88 of 1976, sec. 5, for certain words.

2. Ins. by Act 21 of 1989, sec. 2.

1[9A. Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States.-

(1) As soon as may be after the coming into force of the Representation of the People (Second Amendment) Act, 1987, (38 of 1987) the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of subsection (1) of section 9 of the Delimitation Act, 1972 (76 of 1972), determine the assembly constituencies in the States of Meghalaya, Mizoram and Nagaland in which seats shall be reserved for the Scheduled Tribes.

(2) The Election Commission shall, -

(a) Publish its proposals under subsection (1) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) Specify a date on or after which the proposals will be further considered by it;

(d) Hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) After considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the assembly constituency or constituencies in the State in which seats shall be reserved for the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, or, as the case may be, the Mizoram (Delimitation of Assembly Constituencies) Order, 1986 shall be deemed to have been amended accordingly.

(3) Every order made under sub-section (2) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.

Explanation. -For the purposes of this section, “assembly constituency” means, -

(a) In relation to the States of Meghalaya and Nagaland, the assembly constituencies in those States as specified in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976; and

(b) In relation to the State of Mizoram, the assembly constituencies as specified in the Mizoram (Delimitation of Assembly Constituencies) Order, 1986.]

1 Ins. by Act 38 of 1987, sec. 2 (w.e.f. 21-9-1987).

1[9B. Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes in the State of Tripura. –

(1) As soon as may be after the coming into force of the Representation of the People (Amendment) Act, 1992, the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of subsection (1) of section 9 of the Delimitation Act, 1972, determine the three assembly constituencies in the State of Tripura in which the three additional seats for Scheduled Tribes, as increased by subsection (IC) of section 7, shall be reserved.

(2) The Election Commission shill, -

(a) Publish its proposals under subsection (1) in the Official Gazette and also in such other manner as it thinks fit;

(b) Specify a date on or after which the proposals will be further considered by it;

(d) Hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in the State as it thinks fit;

(e) After considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the three assembly constituencies in the State in which the said three additional seats shall be reserved for the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be deemed to have been amended accordingly.

(3) Every order made under sub-section (2) shall, as soon as may be after it is Published under that subsection, be laid before the Legislative Assembly of the State of Tripura.]

1. Ins. by Act 38 of 1992, sec. 3 (w.e.f. 5-12-1992).

10. Allocation of seats in the Legislative Councils. -

(1) The allocation of seats in the Legislative Councils of the States having such Councils shall be as shown in the Third Schedule.

(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats, -

(a) The numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and

(c) The number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor 1[***] of the State in accordance with the provisions of clause (5) of article 171.

2[***]

1. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956.

2. Sub-section (3) Ins. by the Adaptation of Laws (No.2) Order, 1956 and omitted by Act 37 of l957, sec. 12.

11. Delimitation of Council constituencies. -As soon as may be after the commencement of this Act, the President shall, by order, determine-

(a) The constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The extent of each constituency; and

Provisions as to orders delimiting constituencies: -

12. Power to alter or amend orders: -

1[(1)] The President may, from time to time, after consulting the Election Commission, by order, alter or amend any order made by him under 2 [* * *] section 11.

3 [(2) An order under subsection (1) may contain provisions for the allocation of any member representing any Council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.]

1. Section 12 renumbered as sub-section (1) of that section by Act 20 of 1960, sec. 2.

2. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, sec. 7.

3. Ins. by Act 20 of 1960, sec. 2.

13. Procedure as to orders delimiting constituencies. - 1[***]

(1) Every order made under 2[* * *] section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid.

1. Sub-sections (1) and (2) omitted by Act 2 of 1056, sec. 8.

2. The words and figures “section 6, section 9,” omitted by Act 2 of 1956, sec. 8.

1[PART-IIA]

OFFICERS

1. Part IIA and Part IIB ins. by Act 2 of 1956 sec. 9.

13A. Chief electoral officers. -

(1) There shall be for each State a chief electoral officer who all be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf.

(2) 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.

1[13AA.District election officers. –

(1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be in officer of Government:

Provided that the Election Commission may designate or Dominate 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.

(2) Where more than one district election officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(3) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district.

(4) 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.]

1. Ins. by Act 47 of 1966, sec. 5 (w.e.f. 14-12-1966).

13B. Electoral registration officers. -

(1) Constituency in the State of Jammu and Kashmir or 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.

(2) An electoral registration officer tiny, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

13C. Assistant electoral registration officers: -

(1) The Election Commission may appoint one or more person: as assistant electoral registration officers to assist any electoral registration officer in the performance functions.

(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.

1[13CC.Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission: -The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral roll, for and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

1. Ins. by Act I of 1989, sec. 2 (w.e.f. 15-3-1989).

PART-IIB

ELECTORAL ROLLS FOR IARLIAMENRARY CONSTITUENCIES

1[13D. Electoral rolls for parliamentary constituencies: –

(1) The electoral roll for every parliamentary constituency, other than India a parliamentary constituency in the State of Jammu and Kashmir or in a Union Territory not having a Legislative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency.

Provided that for the period referred to in clause (2) of article 371 A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of Nagaland which comprises the Tuensang district and the provisions of Part-III shall apply in relation to the preparation and revision of the electoral roll of the said part is they apply in mention to an assembly constituency.

(2) The provisions of' Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.

PART- III

ELECTORAL, ROLLS FOR ASSEMBLY CONSTITUENCIES]

14. DEFINITIONS: - In this Part, unless the context otherwise requires,

(a) “Constituency” mean, an Assembly constituency ;

(b) “Qualifying date”, in relation to the preparation or revision of every electoral roll under this part, means 1 [the 1^st day of January] of the year in which it is so prepared or revised:]

2[Provided that “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part in the year 1989, shall be the 1^st day of April, 1989.]

1. Subs. by Act 58 of 1958, sec. 5, for “the Ist day of March” (w.e.f.0I-0I -1959).

2. Ins. by Act 21 of 1989, sec. 3 (w.e.f. 28-3-1989).

15. Electoral roll for every constituency. -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.

16. Disqualifications for registration in an electoral roll: -

(1) 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 this relating to corrupt 1[***] practices and other offences in connection with election.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:

2[Provided that the name of the any person struck off the electoral roll of a constituency by reason of' a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.]

1. The words “and illegal” it is by Act 73 or 1950, sec. 4 and omitted by Act 58 of 1960, sec., 3 and Sch. II.

2. Ins. by Act 73 of 1050, sec. 4.

17. No person to be registered in more than one constituency. –No person shall be entitled to be registered in the electoral roll for more than one constituency 1[***].

1. The words “in the same State” ins. by Act 2 of 1956, section 12 and omitted by Act 58 of 1958, sec. 6.

18. No person to be registered more than once in any constituency. - No person shall be entitled to be registered to be registered in the electoral roll for more than once.

1[19. Conditions of Registration: -Subject to the foregoing provisions of this part, every person who-

(a) Is not less than 2[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.]

1. Subs. by Act 58 (if 1958, sec. 7, for section 19.

2. Subs. by Act 21 of 1989, sec. 4, for “twenty-one years” (w.e.f. 28-3-1989).

20. Meaning of :ordinarily resident”. -

11[(1) A person shall not be deemed to be entitled to be resident in constituency on the ground only that he owns, or is possession of, a dwelling house therein.

(IA) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(l B) 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 electoral the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]

(2) A person who is a patent 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.

12[(3) 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.]

(4) Any person holding any office in India declared 1 by the President in consultation with the Election Commission to be an office to which the provisions of this subsection apply, 2 [***] shall be deemed to be ordinarily resident 3[***] on any date in the consultancy which, but for the holding of any such office 4[***] he would have been ordinarily resident 5 [***] on that date.

(5) The statement of any such person as is referred to in sub-section (3) or subsection (4) made in the prescribed form and verified in the prescribed manner, that 6 [but for his having the service qualification] or but for his holding any such office 7[***] as is referred to in subsection (4) he would have been ordinarily resident in a specified place 3[***] on any date, shall, in the absence of evidence to the contrary, be 6[accepted as correct].

(6) The wife of any such personas is referred to in subsection (3) or sub-section (4) shall if she be ordinarily residing with such person 8[***] be deemed to be ordinarily resident on 9[* * *] in the constituency specified by such person under subsection (5).

10[(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.

(8) In subsection (3) and (5) “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), hive been made applicable whether with or without modifications; or

(d) Being a person who is employed under the Government of India, in a post outside India.

1. The following offices have been declared by the President by Notification No. S.O. 059, dated the 18th April, 1960: -

(1) The President of India.

(2) The Vice-President of India.

(3) Governors of States.

(4) Cabinet Ministers of the Union or of any State.

(5) The Deputy Chairman and Members of the Planning Commission.

(6) The Ministers or State of the Union or of any State.

(7) Deputy Ministers of the Union or of any State.

(8) The Speaker of the House of the People or of any State Legislative Assembly.

(9) The Chairman of any State Legislative Council.

(10) Lieutenant Governors of Union territories.

(11) The Deputy Speaker or the House of the People or any State Legislative Assembly.

(12) The Deputy Chairman or the Council of States or of any State legislative Council.

(13) Parliamentary Secretaries of the Union or of' any State.

2. Certain words omitted by Act 47 of 1965, sec. 8 (w.e.f. 14-12-1966).

3. The words “during any period or” omitted by Act 2, of' 1956, sec. 14.

4. The words “or employment” omitted by Act 47 of' 1966, sec. 8. (w.e.f. 14-12-1966).

5. The words “during that period or” omitted by Act 2 of' 1956, sec. 14.

6. Subs. by Act 47 of 1966, sec. 8, for certain words (w.e.f. 14-12-1966)-

7. Certain words omitted by Act 47 of 1966, sec. 8. (w.e.f. 14-12-1966).

8. The words “during any period” omitted by Act 2 of 1956, sec. 14.

9. The words “during that period” omitted by Act 2 of 1956, sec. 14.

10. Ins. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966). Original sub-section (7) was omitted by Act 2 or 1956, sec. 14.

11. Subs. by Act 58 of 1958, sec. 8., for sub-section (1).

12. Subs. by Act 47 of 1966, sec. 8, for subsection (3) (w.e.f. 14-12-1966).

1[21. Preparation and revision of electoral rolls. -

(1) The electoral roll for each constituency shall be prepared in the prescribed timing by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act-1

2[(2) The said electoral roll-

(a) Shall, unless otherwise directed by the Election Commission for to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date-

(i) Before each bye-election to the House of People or to the Legislative Assembly of a State; and

(ii) Before each bye-election to fill in casual vacancy in a seat allotted to the constituency; and

(b) Shall be revised in any year in the prescribed Banner by reference to the qualifying date if such revision has been directed by Election Commission:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.]

(3) Notwithstanding anything contained in subsection (2), the Election Commission may it any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

1. Subs. by Act 2 or 1956, sec. 15, for section 21 to 25.

2. Subs. by Act 47 of 1966, sec. 9, for subsection (2) (w.e.f. 14-12-1966).

1[22. Correction of entries in electoral rolls. -- If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-

(a) Is erroneous or defective in any particular,

(b) Should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or

(c) Should be detected on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as any be given by the Election Commission in this behalf, amend, transpose or delete the entry:

Provided that before taking action on ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.]

1. Subs. by Act 58 of 1958, sec. 9, for section 22.

1[23. Inclusion of names in electoral rolls-

(1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.

(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:

Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll.

(3) No amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election.]

1. Subs. by Act 47 of 1966, sec. 10, for section 23 (w.e.f. 14-12-1966).

1[24. Appeals. -An appeal shall lie within such time and in such manner as may be prescribed-

(a) To the chief electoral officer, from any order of the electoral registration officer under section 22 or section 23 2[***]

3[***]

1. Subs. by Act 47 of 1966, sec. 10, for section 23 (w.e.f. 14-12-1966).

2. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-0-1961). Former section 24 ins. by Act 60 of 1956, sec. 2 and was omitted by Act 58 of 1958, ,cc. 10.

3. The word “and” and clause (b)) omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12- 1966).

25. Fee for applications and appeals. - Every application under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee, which shall, in no case, be refunded.]

1[25A.Conditions or registration as elector in Sangha constituency in Sikkim. -Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of' the elections field in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.]

1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

PART IV

1[ELECTORAL, ROLLS FOR COUNCIL, CONSTITUENCIES]

1. Subs. by Act 2 of 1956, sec. 16, for the former heading.

26. Preparation of electoral rolls for Assembly constituencies. - [Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 171.

27. Preparation of electoral roll for Council constituencies. -

(1) In this section, “local authorities’ constituency”, “graduates”, “constituency” and “teachers”, “constituency”, mean a constituency for the purpose of lections to a Legislative Council under sub-clause (a), sub-clause (b) and sub-clause (c), respectively, of clause (3) of article 171.

8[(2) For the purpose of elections to the Legislative Council of a State in any local authorities' constituency-

(a) The electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule;

(b) Every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency;

(c) The electoral registration officer for every local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date;

(d) In order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and

(e) The provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities’ constituencies as they apply in relation to assembly constituencies.]

(3) For the purpose of elections to the Legislative Council of a State in the graduates ‘constituencies and the teachers’ constituencies, the State Government concerned may, with the concurrence of the Election Commission, by notification in the Official Gazette, specify-

(a) The qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and

(b) The educational institutions within the State not lower in standard than that of a secondary school.

1(4) The provisions of sections 15,16,18,21,22 and 23 shall apply in relation to graduates ‘constituencies and teachers’ constituencies as they apply in relation to assembly constituencies.]

(5) Subject to the foregoing provisions of this section, -

2[***]

1[(a)] Every person who 4[is] ordinarily resident in a graduates’ constituency and has, for at least three years '[before the qualifying date], been either a graduate of a University in the territory of India or in possession of any of the qualifications specified under clause (a) of subsection (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and

6[(b)] Every person who 4[is] ordinarily resident in a teachers constituency, and has, for at least three six years 5[before qualifying date], for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of subsection (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency.

7[(6) For the purposes of subsection (4) and (5) the qualifying date shall be the Ist day of November of the year in which the preparation or revision of the electoral roll is commenced.]

1. Subs. by Act 2 or 1956, sec. 18, for sub-section (4).

2. Clause (a) Omitted by Act 2 of 1956, sec. 18.

3. Clause (b) re-lettered as clause (a) by Act 2 of 1956, sec. 18.

4. Subs. by Act 40 of 1961, sec. 4, for “on the qualifying date was” (w.e.f. 20-9-1961).

5. Subs. by sec. 4, for “before due date” (w.e.f. 20-9-61).

6. Clause (c) re-lettered as clause (b) by Act 2 of 1956, sec. 18.

7. Subs. by Act 40 of 1061, sec. 4, for subsection (6) (w.e.f. 20-9-1061).

8. Subs. by Act 2 of 1956, sec. 16, for the former heading.

1[PART IVA]

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE

FILLED BY REPRESENTATIVES OF 9[UNION TERRITORIES]

1. Part IVA ins. by Act 73 of 1950, sec. 8.

27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories. –

(1) 2[For the purpose of filling any seat] or seats in the Council of States allotted to any 1[Union territory] 3[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 3[each such territory]

4[* **].

4[***]

5[***]

6[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act, 1966 (19 of 1966).]

7[(4) 8[The electoral college for the Union territory of 9[** *] Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]

10[***]

11[***]

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for” Part C States.

2. Subs. by Act 29 of 1975, sec. 11(w.e.f. 15-8-1975).

3. The words “for group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956. 12. Subs. by the Adaptation of Laws (No. 2) Order, 1956.

4. The words “or (group of states” and proviso omitted by Act 2 of 1956.

5. Sub-section (2) omitted by Act 20 of 1963, sec. 57 and Sch. II.

6. Subs. by Act to of 1966, sec. 35, for sub-section (3).

7. Subs. by Act 2o of' 1963, see, 57 and Sub. II, for sub-section (4).

8. Subs. by Act 69 of' 1986, sec. 7, for certain words (w.e.f. 20-2-1987).

9. The word “Mizoram” omitted by Act 34 of 1986, sec. 7 (w.e.f. 20-2-1987).

10. Sub-section (5) omitted by Act 29 of 1975. sec. 11 (w.e.f. 15-8-1975).

11. Sub-section (6) omitted by Act 32 of 1954. sec. 7.

27B. Electoral College constituencies. - [Rep. by the Territorial Council Act, 1956 (103 of 1956, sec. 65].

27C. Delimitation Electoral College constituencies. -[Rep. by the Territorial Council Act, 1956 (103 of 1950), sec. 65].

27D. Power to alter or amend orders. - [Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 651.

27E. Procedure as to orders delimiting constituencies. - [Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 21].

27F. Electoral rolls for Council of States constituencies.-[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) sec. 22].

27G. Termination of membership for Electoral College for certain disqualifications. -If a person who is a member of an Electoral College becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the Electoral College.

27H. Manner of filling of seats in the Council of States allotted to Union territories. -1[***] The sell or seats in the Council of' States allotted to any 2[Union territory] 3[***] in the Fourth Schedule lo the Constitution shall be filled by a person or persons elected by the members of the electoral college for 4[that territory] 5[***] in accordance with the system of proportional representation by means of the single transferable vote:

6[Provided that the person who immediately fore the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Pail C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seal allotted to the Union territory of Tripura

1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by the Adaptation or laws (No. 2) Order, 1956, for “Part C States”.

3. The words “or group of' such States” omitted by the Adaptation of act (No. 2) Order, 1956.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “such State.”

5. The words “or group of States” omitted by Act 2 of 1956, sec. 23.

6. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

27I. Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and the States of Manipur and Tripura. - (Rep. By the Adaptation of Laws (No. 2) Order, 1956].

27J. Powers of electoral colleges to elect notwithstanding vacancies therein. -No election by the members of an electoral college 1[* * *] under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of' such college 2[***]

1. Certain words omitted by Act 49 of 1951, sec. 44 and Sch. V.

2. See The Registration of Electors Rules, 1960.

27K. Electoral colleges for certain States for which Legislative Assemblies have been constituted. -[Rep. by the Adaptation of Laws (No. 2) Order, 1956].

PART V

GENERAL

28. Power to make rules. -

(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -

1[(a) The determination of ordinary residence under sub-section (7) of section 20;

(aa) The particulars to be entered in the electoral rolls;]

(b) The preliminary publication of electoral rolls 2[***]

(c) The manner in which and the time within which claims and objections as to entries in electoral rolls may he preferred;

3[***]

(e) The manner in which notices of claims or objections shall be published;

(f) The place, date and time at which claims or objections shall be heard and the mariner in which claims or objections shall be heard and disposed of;

(g) The final publication of electoral rolls;

4[(h) The revision and correction of electoral rolls and inclusion of names therein;]

(i) Any other matter required to be prescribed by this Act.

5[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1. Subs. by Act 47 of 1966 sec. 12, for clause (a) (w.e.f'. 14-12-1966).

2. Certain words omitted by Act 73 of 1950, sec. 9.

3. Clause (d) omitted by Act 20 of 1960. sec. 3.

4. Subs. by Act 2 or 1956, sec. 24, for clause (h).

5. Subs. by Act 88 of 1076, sec. 6, for sub-section (3).

1[29. Staff of local authorities to he made available. - 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.]

30. Jurisdiction of civil courts barred. -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; or

(b) To question the legality of any action taken by or under the authority of ail electoral registration officer, or of any decision given by any authority, appointed under this Act for the revision of any such roll.

1. Subs. by Act 2 of 1956, sec. 25, for section 29.

1[2[31. Making false declarations.-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.]

1. Ins. by Act 58 of 1958, sec. 11.

2. Subs. by Act 20 of 1960, sec. 4, for section 31.

32. Breach of official duty in connection with the preparation, etc., of electoral rolls. -

(1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable 1[with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine].

(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.

(3) No Court shall take cognizance of any such offence publishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the chief electoral officer of the State concerned.]

1. Subs. by Act 21 of 1996, sec. 2 (w.e.f 1-8-1996).

1[THE FIRST SCHEDULE]

(See section 3)

Allocation of seats in the of the People

1. Subs. by Act 98 of 1976, sec. 7, for the First and Second Schedules.

Name of the/Union territory

Number of seats in the House as constituted on 1-1-1973

Number of seats in the House as subsequently constituted

Total

Reserved for the Scheduled Tribes

Total

Reserved for the Scheduled Caste

Reserved for the Scheduled Tribes

1. Andhra Pradesh

1[2. Arunachal Pradesh

2[3.] Assam

2[4.] Bihar

3[5.] Goa

4[6.]Gujarat

4[7.] Haryana

4 [8.] Himachal Pradesh

4 [9.] Jammu and Kashmir

4 [10.] Karnatak

1. Ins. by Act 69 of 1986, sec. 8 (w.e.f. 20-2-1 997).

2. Renumbered by Act 69 of 1986, sec. 8 (w.e.f. 20-2-1987).

3. Ins. by Act 19 of 1987, sec. 8 (w.e.f. 30-5-1987).

4. Renumbered by Act 19 of 1987, sec. 8 (w.e.f. 30-5-1987).

1	2	3	4	5	6	7
1[11.] Kerala	19	2	-	20	2	-
1[12.] Madhya Pradesh	37	5	8	40	2[6]	3[9]
1[13.] Maharashtra	45	3	3	48	3	4[4]
1[14.] Manipur	2	-	1	2	-	1
1[15.] Meghalya	2	-	2	2	-	-
6[16.] Mizoram	1	-	1	1	-	1

6[17.] Nagaland	1	-	-	1	-	-
6[18.] Orissa	20	3	5	21	3	5
6 [19.] Punjab	13	3	-	13	3	-
6 [20.] Rajasthan	23	4	3	25	3	3
6 [21.] Sikkim	-	-	-	1	-	-
6 [22.] Tamil Nadu	39	7	-	39	7	-
6 [23.] Tripura	2	-	1	2	-	1
6 [24.] Uttar Pradesh	85	18	-	85	18	-
6 [25.] West Bengal	40	8	2	42	8	2

II. UNION TERRITORIES:
1.Andaman and Nicobar Island 7[***]	1	-	-	1	-	-
8[2.] Chandigarh	1	-	-	1	-	-
8 [3.] Dadara and Nagar Haveli	1	-	1	1	-	1
8 [4.] Delhi	7	1	-	7	1	-
8 [5.] Daman and Diu	1	-	-	1	-	-
6. Lakshadweep	1	-	1	1	-	1
10[***]	-	-	-	-	-	-
6[7.] Pondicherry	1	-	-	1	-	-
Total	522	77	41	543	79	41

1. Renumbered by Act 18 of 1987, sec. 8 (w.e.f. 30-5-1987).

2. Subs. By Notification No. S.O. 3567, dated 16^th October, 1979, for “5”.

3. Subs. By Notification No. S.O. 3567, dated 16^th October, 1979, for “8”.

4. Subs. By Notification No. S.O. 35(E), dated 21st January, 1978, for “3”.

6. Renumbered by Act 34 of 1986 sec. 8 (w.e.f. 20-2-1987).

7. Entry relating to Arunachal Pradesh omitted by Act 69 of 1986, sec. 8 (w.e.f. 20-2- 1987).

8. Renumbered by Act 69 of 1986, sec. 8 (w.e.f.20-3-87).

9. Subs. By Act 18 of 1987, sec. 12, for the entry relating to Goa, Daman and Diu (w.e.f. 20-3-1978).

10. Entry relating to Mizoram omitted by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).

THE SECOND SCHEDULE

(See sections 7 and 7A)

Total number of Seats in Legislative Assemblies

As constituted on 1-1-1973 Number of seats in the House

Number of seats in the House

As subsequently constituted

Name of the State/Union territory

Total

Reserved

for the Scheduled

Castes

Reserved For the Scheduled Tribes

Total

Reserved

for the

Scheduled

Castes

Reserved

for the

Scheduled

Tribes

1	2	3	4	5	6	7
STATES:
1. Andhra Pradesh	287	40	11	294	39	15
1[2. Arunachal Pradesh	-	-	-	60	-	59]
3. Assam	114	8	10	126	8	16
4. Bihar	318	45	29	324	48	28
2[5. Goa	30	-	-	40	1	-]
6. Gujarat	168	11	22	182	13	26
7. Jammu and Kashmir*	81	15	-	90	17	-
8. Himachal Pradesh	68	16	3	68	16	3
9. Jammu and Kashmir	75	6	-	*76	6	-
10. Karnataka	216	29	2	224	33	2
11. Kerala	133	11	2	140	13	1
12. Madhya Pradesh	296	39	61	320	44	75
13. Maharashtra	270	15	16	288	18	22
14. Manipur	60	1	19	60	1	19
15. Meghalaya	60	-	50	60	-	55+*
3[16.Mizoram	30	-	-	40	-	39]
17. Nagaland	52	-	-	60	-	59
18. Orissa	140	22	34	147	22	34
19. Punjab	104	23	-	117	29	-

*Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 76 out of which 6 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

1. Ins. by Act 69 of 1986, sec. 10 (w.e.f. 20-2-1987).

2. Ins. by Act 18 of 1987, sec. 12 (w.e.f. 30-5-1987).

3. Ins. by Act 34 of 1986, sec. 10 (w.e.f. 29-2-1987).

+* Now 55 seats see section 7 (1B) of this Act as ins. by Act 40 or 1987, sec. 2 (w.e.f 22-9-1987).

1	2		3		4		5		6		7
20. Rajasthan	184		31		21		200		33		24
21. Sikkim	-		-		-		32		2		12**
22. Tamil Nadu	234		42		2		234		42		3
23. Tripura	60		6		19		60		7		17
24. Uttar Pradesh	425		89		-		425		92		1
25. West Bengal	280		55		16		294		59		17
II. UNION TERRITORIES
1[***]
2[***]
3[***]
4. Pondichary		30		5		-		30		5		-]

** Reserved I seat for Sanghas and 12 seats for Bhutia Lepcha Origin.

1. Entry relating to Arunachal Pradesh omitted by Act 69 of 1986, sec. 10 (w.e.f. 20-2-1987).

2. Entry relating to Goa, Daman and Diu omitted by Act 18 of 1987, sec. 12 (w.e.f. 30-5-1987).

3 Entry relating to Mizoram omitted by Act 34 of 1986, sec. 8 (w.e.f. 20-2-1987).

1[THE THIRD SCHEDULE

(SEE SECTION 10)

Allocation of Seats in the Legislative Councils

1. Subs. by Act 37 of 1957, sec. 12, for the Third Schedule.

Name of State			Number to be elected or nominated under artic
	Total number	Sub- clause		Sub-clause	Sub- clause	Sub- clause	Sub- Clause
	Total number	Sub- clause		Sub-clause	Sub- clause	Sub- clause	Sub- Clause
1	2	3		4	5	6	7
1[]*
2. Bihar	96	34		8	8	34	12
2[]*
3[3.] Madhya Pradesh	90	31		8	8	31	1

1. Entry relating to Andhra Pradesh omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).

2. Entry relating to Bombay omitted by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

3. Renumbered by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

1. Entry relating to Tamil Nadu omitted by Act 40 of 1986, sec. 5 (w.e.f. 1-11-1986).

2. Ins. by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

3. Subs. by Act 31 of 1987, sec. 2.

4. Subs by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974 sec. 3 and Sch, for “Mysore” (w.e.f. 1-11-1973).

5. Entry relating, to Punjab omitted by Act 46 of 1969, sec. 5 (w.e.f. 7-1-1970).

6. Entry relating, to West Bengal omitted by Act 20 of 1969, sec. 5 (w.e.f. 1.8.1969).

THE FOURTH SCHEDULE

[SEE SECTION 27(2)]

Local Authorities for purposes of Elections to Legislative Councils

1[***]

BIHAR

1. Municipalities.

2. District Boards.

3. Cantonment Boards

4. Notified Area Committees

2[5. Zila Parishads

6. Panchayat Samitis]

3[***]

4[MADHYA PRADESH

5[1. Municipalities.

2. Janapada Sabhas.

3. Mandal Panchayats.

4. Cantonment Boards.

5. Notified Area Committees.

6. Town Area Committees.]]

7. 6[***].

1. The heading “Andhra Pradesh” and the entries relating thereto omitted by Act 34 of 1985, sec. 5 (w.e.f, 1-6-1085).

2. Ins. by Act 2 of 1963, sec. 2. Original item 5 was omitted by Act 2 of 1956, sec. 26.

3. The heading “Bombay” (that is, Maharashtra) and the entries relating thereto omitted by Act 40 of 1961, sec. 6 (w.e.f. 20-9-1961).

4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

5. Subs. by Act 37 of 1957, sec.12, for the former entries.

6. The heading “Tamil Nadu” and the entries relating thereto omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), sec. 5 (w.e f. 1-11- 1 986).

1[MAHARASHTRA

2 [1. Municipalities.

2. Cantonment Boards.

3[***]

4. Zila Parishad.]]

4[5[KARNATAKA]

6[1. City Municipal Corporations.

2. City Municipal Councils.

3. Town Municipal Councils.

4, Town Panchayats.

5. Zilla Penchants.

6. Taluk Panchayats.

7. Grama Panchayats.

8. Cantonment Boards.]]

UTTAR PRADESH

6[1. Municipal Corporations.

2. Municipal Councils

3. Zila Panchayats.

4. Nagar Panchayats.

5. Kshettra Panchayats.

6. Cantonment Boards.]

1. Ins. by Act 40 of 1961, sec 6 (w.e.f 20-9-1961).

2. Subs. by Act 2 of 1 963, sec. 2, for the former entries.

3. Entry “3. Town Committees.” omitted by Act 21 of 1989, sec. 5.

4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

5. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for “Mysore”(w.e.f 1-11-1973).

6. Subs. by Act 29 of 1996.

THE FIFTH SCHEDULE. -[Rep. By the Government of Union Territories Act, 1963 (20 of 19630, sec. 57 and the Second Schedule].

THE SIXTH SCHEDULE. - [Rep. By the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27].

THE SEVENTH SCHEDULE. [Rep. By the Representation of the people (Amendment) Act, 1956 (2 of 1956) sec. 27].