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PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952
31 OF 1952
STATEMENT OF OBJECTS AND REASONS "Article 54 of the Constitution provides that the President of India 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, and Article 55 prescribes the manner in which the election shall be held. Article 66 provides that the Vice-President shall beelected by the members of both Houses of Parliament assembled at ajoint meeting. Article 71(1) lays down that doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Article 71 (3) authorises Parliament to regulate by law, subject to the provisions of the Constitution, any matter relating to or connected with the election of a President or Vice-President. The Bill seeks to provide for the conduct of elections to the offices of President and Vice-President, the decision of disputes arising out of or in connection with such elections, the corrupt practices and other offences at or inconnection with such elections and other ancillary matters."-Gaz. of Ind., 26-1-1952, Pt. II. section 2, p. 9. Amending Act 5 of 1974.- Experience has revealed that persons offer themselves as candidates to the highest office of President without even a remote chance of getting elected. Another matter which is of equal, if not greater concern, is the light-hearted manner in which persons resort to a court of law for challenging the election to the office of the Head of the State. It is found that the absence of some minimum safeguards in the provisions of the Presidential and Vice-Presidential Elections Act, 1952, encourages persons to do so. It is, therefore, considered necessary to amend the Act to make the following provisions, namely:- (1) A prospective Presidential candidate should get the support of at least forty electors of whom at least twelve electors shall be members of Parliament and at least twenty-four shall be members of State Legislative Assemblies. A prospective Vice-Presidential candidate should get the support of at least ten electors. (2) Aprospective candidate should deposit a sum of two thousand five hundred rupees, which amount shall be liable to be forfeited in case the candidate fails to secure one-sixth of the number of votes necessary to secure the return of a candidate. (3) There should be a minimum of forty electors joined together as petitioners for challenging an election to the office of President and of these forty-electors at least twelve should be members of Parliament and at least twenty-four should be members of the State Legislative Assemblies. There should be a minimum of ten electors joined together as petitioners for challenging an election to the office of the Vice-President. (4) The ground relating to the offence of bribery or undue influence for challenging an election to the office of President or Vice-President should be omitted altogether. (5) The fact that the normination of any candidate (other than the successful candidate) who has not withdrawn his candidature has been wrongly accepted should no longer constitute a ground for declaring the election of a candidate to be void unless such acceptance has materially affected the result of the election. 2. The opportunity is being taken to make certain other amendments which have been suggested by the Election Commission and which are explained in the notes on clauses. 3. The Bill seeks to give effect to the above objects.-S.O.R. Gaz. of Ind., 26-8-1972, Pt. II, section 2, Ext., p. 888. Amending Act 20 of 1977.- Prior to the Constitution (Thirty-ninth Amendment) Act, 1975, Article 71 as it then stood, specifically provided that doubts and disputes arising out of or in connection with the election of a President or Vice- President shall be inquired into and decided by the Supreme Court whose decision shall be final. New Article 71 substituted by the Constitution (Thirty-ninth Amendment) Act however empowered Parliament to constitute an authority or body for inquiring into and deciding doubts and disputes relating to Presidential and Vice-Presidential elections and further provided that the decision of such authority or body shall not be called in question by any Court. On the 3rd February, 1977, the President promulgated an Ordinance to amend the Presidential and Vice-Presidential Elections Act, 1952, so as to substitute a new part for Part III of that Act providing for the setting up of an authority consisting of nine members - three to be nominated by the Speaker of the Lok Sabha - one of whom shall be the Chief Justice or retired Chief Justice of the Supreme Court and another a person having knowledge of election law, three to be elected by the Lok Sabha and the remaining three to be elected by the Rajya Sabha. In addition to this substantive provision constituting the authority, the Ordinance contained certain other provisions relating to procedure and matters of detail. In that Ordinance the scope and amplitude of, the offenes. of bribery and undue influence were circumscribed so that those expressions would not have the meanings assigned to them in Indian Penal Code, 1860, but would be merely corrupt practices having the meanings assigned to those expressions in the Representation of People Act, 1951. After the general election. Government decided not to replace that Ordinance by Parliamentary legislation and the Ordinance was allowed to lapse. Government consider that it is not only appropriate, but also desirable to restore the position obtaining prior to the Constitution (Thirty-ninth Amendment) Act, 1975, with regard to the forum for the trial of election petitions challenging Presidential and Vice-Presidential elections, including the scope and amplitude of the offences of bribery and undue influence. The Bill seeks to achieve the above object by making an amendment in the Presidential and Vice-Presidential Elections Act, 1952, so as to specifically provide as required by new Article 71, that the Supreme Court shall be the authority for the trial of disputes relating to the Presidential and Vice-Presidential elections and thus restore the earlier position.-S.O.R. Gaz. of Ind., 16-6-1977, Pt. II, section 2, Ext., p. 4.An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India. Be it enacted by Parliament as follows :-OBJECTS AND REASONS Clause 2.- This clause seeks to amend section 2 of the Act. In the first place, in clause (d) it is proposed to substitute the words "a member of either House of Parliament" by the words "a member of the electoral college referred to in Article 66" so as to bring it in conformity with the provisions of clause ( 1 )of Article 66. Secondly, it is proposed to add a definition of the expression "public holiday" on the lines of clause (h) of S.2 of the Representation of the People Act, 1957. Thirdly, in Cl. (g), it is proposed to substitute the word "authorised" by the word "competent" so as to bring it in conformity with the provisions of sub-section (2) of section 3 of the Act.-S.O.R.-Gaz. of Ind., 26-8-1972, Pt. II, section 2, Ext., p. 889.
PART 1 : PRELIMINARY
SECTION 1 : Short title
This Act may be called The Presidential and Vice-Presidential Elections Act, 1952.
SECTION 2 : Definitions
In this Act, unless the contest otherwise requires,- .
(a) "article" means an article of the Constitution;
(b) "election" means a Presidential election or Vice-Presidential election;
(c) "Election Commission" means the Election Commission appointed by the President under Article 324;
(d) "Elector" , in relation to a Presidential election, means a memeber of the electoral college referred to in Article 54; and in relation to a Vice-Presidential action, means [a member of the electoral college referred to in Article 66;] .
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Presidential election" means an election to fill the office of the President of India;
[(ff) "public holiday" means any day which is a public holiday for the purposes of (S.25 of the Negotiable Instruments Act, 1881) ;]
(g) "Returning Officer" includes an Assistant Returning Officer performing any function which he is [competent] to perform under sub-section (2) of (section 3) ;
(h) "Vice-Presidential election" means an election to fill the office of the Vice-President of India
PART 2 : CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS
SECTION 3 : Returning Officer and his assistants
( 1 ) For the purposes of each election the Election Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Returning Officers.
(2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer
SECTION 4 : Appointment of dates for nominations, etc
3 (a) [a] Sub-section ( 1 ) substituted by the Presidential and Vice-Presidential Elections (Amendment) Act, 1974 (5 Of 1974), section 3 (23-3-1974). [
( 1 ) The Election Commission shall, by notification in the Official Gazette, appoint for every election-
(a) the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, 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 the day immediately following and 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 on which a poll shall, if necessary, be taken, which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of the candidatures.]
(2) In the case of the. first Presidential and Vice-Presidential elections, the notifications under sub-section ( 1 ) shall be issued.as soon as may be after both Houses of Parliament have been constituted.
(3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, the notification under sub-section ( 1 ) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vie --President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such time as will enable the President or the Vice- President thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing President or Vice-President, as the case may be.
(4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub- section (1) shall be issued as soon as may be after the occurrence of such vacancy.
SECTION 5 : Public notice of election
On the issue of a notification under sub-section (1) of (section 4) , the Returning Officer for the election shall give public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
SECTION 5A : Nomination of candidates
Any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution.
SECTION 5B : Presentation of nomination papers and requirements for a valid nomination
( 1 ) On or before the date appointed under clause (a) of sub-section ( 1 ) of (section 4) , each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon, deliver to the Returning Officer at the place specified in this behalf in the public notice issued under (section 5) a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and
(a) in the case of Presidential election, also by at least 3 (aaaaa) [aaaaa]substituted vide "ten electors" Presidential and Vice-Presidential Elections (Amendment) Act, 1997 (35, 1997)received the assent of the President on August 29, 1997 and published in the Gazette of India, Extra, Part II, Section 1, dated 29th August, 1997,pp.1-2,No.51
fifty electors as proposers and at least ten electors as seconders;
(b) in the case of Vice-Presidential election, also by at least 3 (aaaab) [aaaab]Substituted vide "five electors" Presidential and Vice-Presidential Elections (Amendment) Act, 1997 (35, 1997)received the assent of the President on August 29, 1997 and published in the Gazette of India, Extra, Part II, Section 1, dated 29th August, 1997,pp.1-2,No.51
twenty electors as proposers and 'at least five electors as seconders : Provided that no nomination paper shall be presented to the Returning Officer on a day which is a public holiday.
(2) Each nommation paper shall be accompanied by.a certified copy of the entry relating to the candidate in the electoral roll for the Parliamentary constituency in which the candidate is registered. as an elector.
(3) The Returning Officer shall not accept any nomination paper which is presented on any day before eleven O'clock in the forenoon and after three O' clock in the afternoon.
(4) Any nomination paper which is not received before three O'clock in the afternoon on the last date appointed under clause (a) of sub-section (1) of (section 4) or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself.
(5) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does his signature shall be inoperative on any paper other than the one first delivered.
(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election : Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.
SECTION 5C : Deposit
(1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of 3 (aaaac) [aaaac] Substituted vide "two thousand five hundred rupees" Presidential and Vice-Presidential Elections (Amendment) Act, 1997 (35, 1997)received the assent of the President on August 29, 1997 and published in the Gazette of India, Extra, Part II, Section 1, dated 29th August, 1997,pp.1-2,No.51fifteen thousand rupees : Provided that where a candiate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required of him under this sub-section.
(2) The sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under sub-section (1) of (section 5B) , the candidate has either deposited or caused to be deposited that sum with the Returning Officer in sash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.
SECTION 5D : Notice of nominations and the time and place for their scrutiny
On the presentation of a nomination paper, the Returning Officer shall- .
(a) sign thereon a certificate Stating the date and time of presentation of the nomination paper and enter thereon its serial number;
(b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations; and
(c) cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause (a)
SECTION 5E : Scrutiny of nominations
( 1 ) On the date fixed for the scrutiny of nomination under sub-section ( 1 ) of (section 4) , the candidates, one proposer or one seconder of each candidate and one other person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under sub-section (4) of (section 5B) .
(2) For the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the date fixed for the scrutiny of nominations the nomination papers already rejected under sub- section (4) of (section 5B) .
(3) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination paper and may, either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds :-
(a) that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election as President or Vice-President, as the case may be, under the Constitution; or
(b) that any of the proposers or seconders is not qualified to subscribe a nomination paper under sub-section ( 1 ) of (section 5B)
; or
(c) that the nomination paper is not subscribed by the required number of proposers or seconders; or
(d) that the signature of the candidate or any of the proposers or sconders is not genuine or has been obtained by fraud; or
(e) that there has been a failure to comply with any of the provisions of (section 5B)
or (section 5C)
(4) Nothing contained in clauses (b) to (e) of sub-section (3) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(5) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(6) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of sub-section (1) of (section 4) and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is raised by the Returning Officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(7) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
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