147. Casual vacancies in the Council of States.—
1[
(1)] When before the expiration of the term of
office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his
election to the Council of States is declared void, the Election Commission shall by a notification in the
Gazette of India call upon the elected members of the Legislative Assembly or the members of the
electoral college concerned 2***, as the case may be, to elect a person for the purpose of filling the
vacancy so caused before such date as may be specified in the notification and the provisions of this Act
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a
member to fill such vacancy.
3
[
(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment)
Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the
States of Assam, Orissa and Uttar Pradesh and the 4[Union territories of Delhi, Himachal Pradesh and
Manipur].]
148. [Casual vacancies in the electoral colleges for certain Union territories.] Omitted by the
Territorial Councils Act, 1956 (103 of 1956), s. 66 (w.e.f. 1-1-1957).
149. Casual vacancies in the House of the People.—
(1) When the seat of a member elected to the
House of the People becomes vacant or is declared vacant or his election to the House of the People is
declared void, the Election Commission shall, subject to the provisions of sub-section
(2), by a
notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person
for the purpose of filling the vacancy so caused before such date as may be specified in the notification,
and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in
relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section
(1) shall specify
that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the
case may be.
150. Casual vacancies in the State Legislative Assemblies.—When the seat of a member elected to
the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative
Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section
(2), by
1. Section 147 renumbered as sub-section
(1) of that section by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
2. The words “or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Schedule
(w.e.f. 6-9-1951).
3. Ins. by the Adaptation of Laws (No. 2) Order, 1956 (w.e.f. 1-11-1956).
4. Now the National Capital territory of Delhi and the States of Himachal Pradesh and Manipur.
60
a notification in the Official Gazette, call upon the Assembly constituency concerned to elect a person for
the purpose of filling the vacancy so caused before such date as may be specified in the notification, and
the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in
relation to the election of a member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the
Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section
(1) shall specify
that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the
case may be.
151. Casual vacancies in the State Legislative Councils.—When before the expiration of the term
of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared
vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a
notification in the Official Gazette, call upon the Council constituency concerned or the members of the
Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the
vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act
and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a
member to fill such vacancy.
1
[151A. Time limit for filling vacancies referred to in sections 147, 149, 150
and 151.—Notwithstanding anything contained in section 147, section 149, section 150 and section 151,
a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period
of six months from the date of the occurrence of the vacancy:
Provided that nothing contained in this section shall apply if—
(a) the remainder of the term of a member in relation to a vacancy is less than one year; or
(b) the Election Commission in consultation with the Central Government certifies that it is
difficult to hold the bye-election within the said period.]
PART X
MISCELLANEOUS
152. List of members of the State Legislative Assemblies and electoral colleges to be maintained
by returning officers concerned.—
(1) The returning officer for an election by the elected members of
the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the
members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the
State shall, for the purposes of such election maintain in his office in the prescribed manner and form a
list of elected members or a list of members, as the case may be, of that Legislative Assembly.
(2) The returning officer for an election by the members of the electoral college for a 2[Union
territory] 3*** 4*** to fill a seat or seats in the Council of States shall, for the purposes of such election,
maintain in his office in the prescribed manner and form a list of members of that electoral college 4***.
(3) Copies of the lists referred to in sub-sections
(1) and
(2) shall be made available for sale.
5
[153. Extension of time for completion of election.—It shall be competent for the Election
Commission for reasons which it considers sufficient, to extend the time for the completion of any
election by making necessary amendments in the notification issued by it under section 30 or
sub-section
(1) of section 39.]
154. Term of office of members of the Council of States.—6[
(1) Subject to the provisions of
sub-sections
(2) and (2A), the term of office of a member of the Council of States, other than a member
chosen to fill a casual vacancy, shall be six years.]
1. Ins. by Act 21 of 1996, s. 17 (w.e.f. 1-8-1996).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C State”(w.e.f. 1-11-1956).
3. The words “or group of such States” omitted by Act 27 of 1956, s. 77 (w.e.f. 28-8-1956).
4. Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule (w.e.f. 6-9-1951).
5. Subs. by Act 27 of 1956, s. 78 for section 153 (w.e.f. 28-8-1956).
6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section
(1) (w.e.f. 1-11-1956).
61
(2) 1*** Upon the first constitution of the Council of States the President shall, after consultation with
the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of
some of the members then chosen in order that, as nearly as may be, one-third of the members holding
seats of each class shall retire in every second year thereafter.
2
[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of
April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be
after the commencement of the Constitution (Seventh Amendment) Act, 1956, after consultation with the
Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of
the members elected under sub-section
(2) of section 147.]
(3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his
predecessor’s term of office.
155. Commencement of the term of office of members of the Council of States.—
(1) The term of
office of a member of the Council of States whose name is required to be notified in the Official Gazette
under section 71 shall begin on the date of such notification.
(2) The term of office of a member of the Council of States whose name is not required to be notified
under section 71 shall begin on the date of publication in the Official Gazette of the declaration
containing the name of such person as elected under section 67 or of the notification issued under
sub-clause
(a) of clause
(1) of article 80 or under any other provision announcing the nomination of such
person to the Council of States, as the case may be.
156. Term of office of members of State Legislative Councils.—
(1) The term of office of a
member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall
be six years, but upon the first constitution of the Council the Governor 3*** shall, after consultation with
the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of
some of the members then chosen in order that, as nearly as may be, one-third of the members holding
seats of each class shall retire in every second year thereafter.
(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his
predecessor’s term of office.
157. Commencement of the term of office of members of the Legislative Councils.—
(1) The term
of office of a member of the Legislative Council of a State whose name is required to be notified in the
Official Gazette under 4[section 74] shall begin on the date of such notification.
(2) The term of office of a member of the Legislative Council of a State whose name is not required
to be notified under 2[section 74] shall begin on the date of publication in the Official Gazette of the
declaration containing the name of such person as elected under section 67 or of the notification issued
under sub-clause
(e) of clause
(3) of article 171, announcing the nomination of such person to the
Council, as the case may be.
5
[158. Return or forfeiture of candidate's deposit.—
(1) The deposit made under section 34 or
under that section read with sub-section
(2) of section 39 shall either be returned to the person making it
or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of
this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as
practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the
commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the
list or after his death, as the case may be.
1. Certain words omitted, ibid. (w.e.f. 1-11-1956).
2. Ins. ibid. (w.e.f. 1-11-1956).
3. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956
(w.e.f. 1-11- 1956).
4. Subs. by Act 27 of 1956, s. 79, for “section 75” (w.e.f. 28-8-1956).
5. Subs. by Act 58 of 1958, s. 39, for section 158 (w.e.f. 30-12-1958).
62
(4) Subject to the provisions of sub-section
(3), the deposit shall be forfeited if at an election where a
poll has been taken, the candidate is not elected and the number of valid votes polled by him does not
exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election
of more than one member at the election, one-sixth of the total number of valid votes so polled divided by
the number of members to be elected:
Provided that where at an election held in, accordance with the system of proportional representation
by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be
forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as
sufficient to secure the return of a candidate.
(5) Notwithstanding anything in sub-sections
(2),
(3) and
(4),—
(a) if at a general election, the candidate is a contesting candidate in more than one Parliamentary
constituency or in more than one assembly constituency, not more than one of the deposits shall be
returned, and the other shall be forfeited;
(b) if the candidate is a contesting candidate at an election in more than one council constituency
or at an election in a Council constituency and at an election by the members of the State Legislative
Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned,
and the others shall be forfeited.]
1
[159. Staff of certain authorities to be made available for election work.—
(1) The authorities
specified in sub-section
(2) shall, when so requested by a Regional Commissioner appointed under
clause
(4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer
such staff as may be necessary for the performance of any duties in connection with an election.
(2) The following shall be the authorities for the purposes of sub-section
(1), namely:—
(i) every local authority;
(ii) every university established or incorporated by or under a Central, Provincial or State Act;
(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any other institution, concern or undertaking which is established by or under a Central,
Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided,
directly or indirectly, by the Central Government or a State Government.]
160. Requisitioning of premises, vehicles, etc., for election purposes.—
(1) If it appears to the State
Government that in connection with an election held within the State—
2
[
(a) any premises are needed or are likely to be needed for the purpose of being used as polling
stations, for counting, for storage of ballot boxes, voting machines (including voter verifiable paper
audit trail) and poll related material after a poll has been taken, accommodation for security forces
and polling personnel; or]
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport
of ballot boxes to or from any polling station, or transport of members of the police force for
maintaining order during the conduct of such election, or transport of any officer or other person for
performance of any duties in connection with such election,
the Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as
the case may be, and may make such further orders as may appear to it to be necessary or expedient in
connection with the requisitioning:
3
[Provided that such premises shall be requisitioned after the issuance of the notification by the
Election Commission under section 30 for such election till the date notified under clause
(e) thereof:
1. Subs. by Act 12 of 1998, s. 2, for section 159 (w.e.f. 23-12-1997).
2. Subs. by Act 49 of 2021, s. 7, for clause
(a) (w.e.f. 1-8-2022).
3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 1-8-2022).
63
Provided further that] no vehicle, vessel or animal which is being lawfully used by a candidate or his
agent for any purpose connected with the election of such candidate shall be requisitioned under this
sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the
State Government to be the owner or person in possession of the property, and such order shall be served
in the prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section
(1), the period of such requisition shall
not extend beyond the period for which such property is required for any of the purposes mentioned in
that sub-section.
(4) In this, section—
(a) “premises” means any land, building or part of a building and includes a hut, shed or other
structure or any part thereof;
(b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport,
whether propelled by mechanical power or otherwise.
161. Payment of compensation.—
(1) Whenever in pursuance of section 160 the State Government
requisitions any premises, there shall be paid to the persons interested compensation the amount of which
shall be determined by taking into consideration the following, namely:—
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for
similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so
determined makes an application within the prescribed time to the State Government for referring the
matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in
this behalf by the State Government may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the
apportionment of the amount of compensation, it shall be referred by the State Government to an
arbitrator appointed in this behalf by the Government for determination, and shall be determined in
accordance with the decision of such arbitrator.
Explanation.—In this sub-section, the expression “person interested” means the person who was in
actual possession of the premises requisitioned under section 160 immediately before the requisition, or
where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 160 the State Government requisitions any vehicle, vessel or
animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by
the State Government on the basis of fares or rates prevailing in the locality for the hire of such vehicle,
vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of
compensation so determined makes an application within the prescribed time to the State Government for
referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator
appointed in this behalf by the State Government may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue
of a hire-purchase agreement in the possession of a person other than the owner, the amount determined
under this sub-section as the total compensation payable in respect of the requisition shall be apportioned
between that person and the owner in such manner as they may agree upon, and in default of agreement,
in such manner as an arbitrator appointed by the State Government in this behalf may decide.
162. Power to obtain information.—The State Government may with a view to requisitioning any
property under section 160 or determining the compensation payable under section 161, by order, require
64
any person to furnish to such authority as may be specified in the order such information in his possession
relating to such property as may be so specified.
163. Powers of entry into and inspection of premises, etc.—
(1) Any person authorised in this
behalf by the State Government may enter into any premises and inspect such premises and any vehicle,
vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under
section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to
securing compliance with any order made under that section.
(2) In this section the expressions “premises” and “vehicle” have the same meanings as in
section 160.
164. Eviction from requisitioned premises.—
(1) Any person remaining in possession of any
requisitioned premises in contravention of any order made under section 160 may be summarily evicted
from the premises by any officer empowered by the State Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable
warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building
or do any other act necessary for effecting such eviction.
165. Release of premises from requisition.—
(1) When any premises requisitioned under
section 160 are to be released from requisition, the possession thereof shall be delivered to the person
from whom possession was taken at the time when the premises were requisitioned, or if there were no
such person, to the person deemed by the State Government to be the owner of such premises, and such
delivery of possession shall be a full discharge of the State Government from all liabilities in respect of
such delivery, but shall not prejudice any rights in respect of the premises which any other person may be
entitled by due process of law to enforce against the person to whom possession of the premises is so
delivered.
(2) Where the person to whom possession of any premises requisitioned under section 160 is to be
given under sub-section
(1) cannot be found or is not readily as certainable or has no agent or any other
person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring
that such premises are released from requisition to be affixed on some conspicuous part of such premises
and publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section
(2) is published in the Official Gazette, the premises
specified in such notice shall cease to be subject to requisition on and from the date of such publication
and be deemed to have been delivered to the person entitled to possession thereof; and the State
Government shall not be liable for any compensation or other claim in respect of such premises for any
period after the said date.
166. Delegation of functions of the State Government with regard to requisitioning.—The State
Government may, by notification in the Official Gazette, direct that any powers conferred or any duty
imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions,
if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers
as may be so specified.
167. Penalty for contravention of any order regarding requisitioning.—If any person contravenes
any order made under section 160 or section 162, he shall be punishable with imprisonment for a term
which may extend to one year or with fine or with both.
168. [Special provisions with respect to Rulers of former Indian States.] Omitted by Rulers of Indian
States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972).
65
PART XI
GENERAL
169. Power to make rules.—
(1) The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
2
[
(a) the form of affidavit under sub-section
(2) of section 33A;]
3
[(aa)] the duties of presiding officers and polling officers at polling stations;
4
[(aaa) the form of contribution report;]
(b) the checking of voters by reference to the electoral roll;
4
[(bb) the manner of allocation of equitable sharing of time on the cable television network and
other electronic media;]
(c) the manner in which votes are to be given both generally and in the case of illiterate voters or
voters under physical or other disability;
(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent
or any other person, who being an elector for a constituency is authorised or appointed for duty at a
polling station at which he is not entitled to vote;
(e) the procedure to be followed in respect of the tender of vote by a person representing himself
to be an elector after another person has voted as such elector;
5
[(ee) the manner of giving and recording of votes by means of voting machines and the
procedure as to voting to be followed at polling stations where such machines are used;]
(f) the procedure as to voting to be followed at elections held in accordance with the system of
proportional representation by means of the single transferable vote;
(g) the scrutiny and counting of votes including cases in which a recount of the votes may be
made before the declaration of the result of the election;
1
[(gg) the procedure as to counting of votes recorded by means of voting machines;]
(h) the safe custody of 6[ballot boxes, voting machines], ballot papers and other election papers,
the period for which such papers shall be preserved and the inspection and production of such papers;
7
[(hh) the material to be supplied by the Government to the candidates of recognised political
parties at any election to be held for the purposes of constituting the House of the People or the
Legislative Assembly of a State;]
(i) any other matter required to be prescribed by this Act.
8
[
(3) Every rule made under this Act shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or 9[in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to validity of anything previously done under the rule.]
1. See the Conduct of Election Rules, 1961.
2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002).
3. Clause
(a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002).
4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003).
5. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989).
6. Subs. by s. 16, ibid., for “ballot boxes” (w.e.f. 15-3-1989).
7. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003).
8. Subs. by Act 40 of 1961, s. 29, for sub-section
(3) (w.e.f. 20-9-1961).
9. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
66
170. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction to question the
legality of any action taken or of any decision given by the returning officer or by any other person
appointed under this Act in connection with an election.
171. [Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and
the First Schedule (w.e.f. 17-9-1957).
67
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