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Section 2 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 2. Interpretation

(1) In this Act, unless the context otherwise requires,-

(a) Each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act,1950 (43 of 1950), but not defined in this Act, shall have the same meaning its in the Act;

(b) “Appropriate authority” means, in relation to an election to the House of the People or the Council of States 1[***], the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;

2[(bb) “Chief electoral officer” means the officer appointed under section 13A of the Representation of the People Act,1950 (43 of 1950);]

(c) “Corrupt practice” means any of the practices specified in section 123 3[***];

4[(cc) “District election officer” means the officer designated or nominated under section 13AA of the Representation of the People Act,1950 (43 of 1950);]

(d) “Election” means an election to fill a seat or seats in either House of Parliament o in the House or either house of the Legislature of a State other than the State of Jammu and Kashmir 5[***];

6[(e) “Elector” in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act,1950 (43 of 1950);]

7[(f) “Political party” means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;]

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

8[(h) “Public holiday” means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act,1881 (26 of 1881);]

9[*** ]

10[***]

11[(i)] “Sign” in relation to a person who is unable to write his name means authenticate in such Banner as may be prescribed.

12[***]

13[*** ]

(2) For the purposes of this Act, 14[***] a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities constituency, a graduates constituency and a teachers constituency shall each be treated as a constituency of a different class.

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall-

(a) Where it is issued or made by the Central Government, be published in the Gazette of India;

(b) Where it is issued or made by a State Government, be published in the Official Gazette of the State; and

(c) Where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament 14[***] and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State.

(4) Where under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.

15 [***]

16[(5) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]

15[***]

——————–

1 Certain words omitted by Act 103 of 1956, sec. 66.

2. Ins. by Act 27 of 1956, sec. 3.

3. The words and figures “or section 124” omitted by, sec. 3.

4. Ins. by Act 47 of 1966, sec. 15 (w.e.f. 14-12-1966).

5. Certain words omitted by Act 58 of 1958, sec. 14.

6. Subs. by Act 27 of 1956, sec. 3, for clause (e).

7. Clause (f) which was omitted by Act 27 of 1956, sec. 3 and ins. by Act 1 of 1989, see. 3 (w.e.f. 15-6-1989).

8. Ins. by Act 47 of 1966, sec. 15 (w.e.f. 14-12-1966).

9. Clauses (h) and (i) omitted by Act 27 of 1956, sec. 3.

10. Clause (i) re-lettered as clause (h) by Act 27 of 1956, sec. 3 and omitted by the Adaptation of Laws (No. 2) Order,1956.

11. Clauses (k) and (i) re-lettered as clauses (i) and (k) by Act 27 of 1956, sec. 3.

12. Clause (j) ins. by Act 27 of 1956, sec. 3 and omitted by the Adaptation of Laws (No. 2) Order,1956.

13. Clause (k) omitted by Act 47 of 1066, sec. 15 (w.e.f. 14-12-1966

14. Certain words omitted by Act 103 of 1956, sec. 66.

15. Subsections (5) and (7) omitted and subsection (6) renumbered as sub-section (5) by Act 27 of 1956, sec. 3.

16. Subs. by Act 47 of 1966, sec. 15, for sub-section (5).

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