the representation of the people act, 1951 - Ministry of Law and Justice

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84Representation of the People Act, 1951(PART II.—Acts of Parliament)1 [ 2 [(ab)] in the case of an election to the Legislative Council of a State by the members of the LegislativeAssembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to subclause(d) of clause (3) of article 171;](b) any reference in the said provisions to section 30 shall be construed as references to sub-section (1) of thissection; and(c) at the time of presenting the nomination paper, the returning officer may require the person presenting thesame to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidateis included or a certified copy of the relevant entries in such roll.]3 [39A. Allocation of equitable sharing of time.—(1) Notwithstanding anything contained in any other law for the timebeing in force, the Election Commission shall, on the basis of the past performance of a recognised political party, duringelections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as maybe prescribed to display or propagate any election matter or to address public in connection with an election.(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after thepublication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight ours before thehour fixed for poll for such election.(3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political parties concerned.(4) The Election commission may, for the purpose of this section, make code of conduct for cable operators andelectronic media and the cable operators and every person managing or responsible for the management of the electronicmedia shall abide by such code of conduct.Explanation.—For the purposes of this section,—(a) “electronic media” includes radio and any other broadcasting media notified by the Central Government in theOfficial gazette;(b) “cable television network” and “cable operator” have the meanings respectively assigned to them under thecable Television Networks (Regulation) Act, 1995 (7 of 1995).CHAPTER II.—Candidates and their agents4 [40. Election agents.—A candidate at an election may appoint in the prescribed manner any one person other thanhimself to be his election agent and when any such appointment is made, notice of the appointment shall be given in theprescribed manner to the returning officer.]5 [41. Disqualification for being an election agent.—Any person who is for the time being disqualified under theConstitution or under this Act for being a member of either House of Parliament or the House or either House of theLegislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for beingan election agent at any election.]______________________________________________________________________________________________________1. Ins. by Act 47 of 1966, s. 30 (w.e.f. 14-12-1966).2. Cl.(aa) relettered as cl. (ab) by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989).3. Ins. by Act 46 of 2003, s. 3 (w.e.f. 24-9-2003).4. Subs. by Act 27 of 1956, s. 23, for s. 40.5. Subs. by Act 47 of 1966, s. 31, for s. 41 (w.e.f. 14-12-1966).
85Representation of the People Act, 1951(PART II.—Acts of Parliament)42. Revocation of the appointment, or death, of an election agent.—(1) Any revocation of the appointment ofan election agent, 1 *** shall be signed by the candidate, and shall operate from the date on which it is lodged with thereturning officer.2 [(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or duringthe election, or after the election but before the account of the candidate's election expenses has been lodged in accordancewith the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agentand when such appointment is made notice of the appointment shall be given in the prescribed manner to the returningofficer.]43. [Effect of default in appointment of election agent under section 42.] Rep. by the Representation of the People(Second Amendment) Act, 1956 (27 of 1956), s. 25.44. [Duty of the election agent to keep accounts.] Rep. by s. 25, ibid.3 [45. Functions of election agents.—An election agent may perform such functions in connection with the election asare authorised by or under this Act to be performed by an election agent.]4 [46. Appointment of polling agents.—A contesting candidate or his election agent may appoint in the prescribedmanner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each pollingstation provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.]5 [47. Appointment of counting agents.—A contesting candidate or his election agent may appoint in the prescribedmanner one or more persons, but not exceeding such number as may be prescribed, to be present as his counting agent oragents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in theprescribed manner to the returning officer.]48. Revocation of the appointment or death of a polling agent or counting agent.—(1) Any revocation of theappointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on whichit is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agentbefore the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent atany time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officeras may be prescribed.(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent andshall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of thedeath of a counting agent before the commencement of the counting of votes, the candidate or his election agent mayappoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shallforthwith give notice of such appointment in the prescribed manner to the returning officer.49. Functions of polling agents and counting agents.—(1) A polling agent may perform such functions inconnection with the poll as are authorised by or under this Act to be performed by a polling agent.(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by orunder this Act to be performed by a counting agent.50. Attendance of contesting candidate or his election agent at polling stations, and performance by him ofthe functions of a polling agent or counting agent.— (1) At every election where a poll is taken, each 6 [contestingcandidate] at such election and his election agent shall have a right to be present at any polling station provided undersection 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll._______________________________________________________________________________________________________________________________1. The words "whether he be the candidate himself or not" omitted by Act 27 of 1956, s. 24.2. Subs. by s. 24, ibid., for sub-section (2).3. Subs. by s. 26, ibid., for s. 45.4. Subs. by s. 27, ibid., for s. 46.5. Subs. by s. 28, ibid., for s. 47.6. Subs. by Act 58 of 1958, s. 20, for "candidate".
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