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Section 53 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 53. Procedure in contested and uncontested elections

1[(1) If the number of contesting candidates is more than the number of seats to be filled. a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall by notification in the Official Gazette call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3[* * *] as the case may be, to elect a person or persons to fill the remaining seat or seats 4[***] :

Provided that where the constituency or the elected members or the members of the State Legislative assembly or the members of the electoral college 3[***] having already been called upon under this subsection, has or have failed to elect a person or the requisite member of persons, as the case may be, to rill the vacancy or vacancies, the 2[Election Commission shall not be bound to call again upon the constituency, or such members to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].

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1. Subs. by Act 27 1956, sec. 30, for sub-section (1).

2. Subs. try Act 27 (if 1956, sec. 30, for “appropriate authority” .

3. Certain words omitted by Act 49 of 1951, sec. 44 and the Fifth Schedule.

4. Certain words omitted by Act 27 or 1956, sec. 30.

5. Subs. by Act 27 of 1956, sec. 30, for., until such date as the Election Commission may specify in this behalf.

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