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Section 39 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 39. Nomination of candidates at other elections

1[Nomination of candidates at other elections. (1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint-

(a) The last date for making nominations, which shall be the 3[seventh day] after the date of publication of the first-mentioned notification 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 4[the day immediately following] the last date for making nominations or if 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 a public holiday, the next succeeding day which is not a public holiday-,

(d) The date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and

(e) The date before which the election shall be completed.

5[***]

(2) The provisions of sections 31 to 38, excluding subsections (2) and (5) of section 33 and 6[clause (a) of subsection (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency:

Provided that-

(a) Any references in the said provisions to the electoral roll of the constituency shall unless the context otherwise requires, be construed, in the case of an election by the member or the elected members of the Legislative Assembly of the State, as references to the list of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a 7[Union territory], as references to the list of members of such electoral college maintained under subsection (2) of that section;

8[(aa) The reference in the opening paragraph of subsection (1) of section 33 to “an elect or of the constituency as proposer shall be construed as a reference to “ten percent. of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers” :

Provided that where as a result of a calculation of the percentage referred to in this clause, the number of members arrived at is a friction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one half it shall be ignored;]

9[10[(ab) In the case of a election to the Legislative Council pf a State by the members pf the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;]

(b) Any references in the said provisions to section 30 shall be construed as references to subsection (1) of this section; and

(c) At the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or the certified copy of the relevant entries in such roll.]

——————–

1. Subs. by Act 27 of 1956, sec. 22, for
section 39.

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

3. Subs. by Act 40 of 1961, sec. 11, for “tenth day” (w.e.f. 20-9-196 1).

4. Subs. by Act 47 of 1966, sec. 30, for “the second day after” (w.e.f 14-12-1966).

5. Explanation omitted by Act 47 of 1966, sec. 30 (w.e.f. 14-12-1966)

6. Subs. by Act 58 of 1958, sec. 19, for “section 34” .

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

8. Ins. by Act I of 1989, sec. 8 (w.e.f. 1-4-1989).

9. Ins. by Act 47 of 1966, sec. 30 (w.e.f. 14-12-1966).

10. Clause (aa) relettered as clause (ab) by Act I of 1989, sec. 8 (w.e.f. 1-4-1989).

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