Jammu and Kashmir Representation of the People Act, 1957

No: 4 Dated: Feb, 02 1957

THE JAMMU AND KASHMIR REPRESENTATION OF THE PEOPLE ACT, 1957

(Act No. IV of 1957)

    An Act to provide for the delimitation of Constituencies for the purpose of elections to the Legislative Assembly and the Legislative Council the qualifications of voters at such elections, the preparation of electoral rolls the conduct of elections, the qualifications and disqualifications for membership of the Houses of Legislature, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections and matters connected therewith.

Be it enacted by the Jammu and Kashmir State Legislature in the Eighth Year of the Republic of India as follows :-

Part I

Preliminary

1. Short title. - This Act may be called the Jammu and Kashmir Representation of the People Act, 1957.

2. Definitions. - (1) In this Act unless the context otherwise requires, -

(a) "Assembly Constituency" means a Constituency provided for the purpose of elections to the Legislative Assembly;

(b) "Constitution" means the Constitution of Jammu and Kashmir;

(c) "Corrupt practice" means any of the practices specified in section 132;

(d) "Council Constituency" means a Constituency provided for the purpose of elections to the Legislative Council;

(e) "Election Commission" means the Election Commission appointed by the President under Article 324 of the Constitution of India;

(f) "election" means an election to fill a seat or seats in either House of the Legislature;

(g) "elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 12 of this Act ;

(h) "order" means an order published in the Jammu and Kashmir Government Gazette;

(i) "gazette" means the Jammu and Kashmir Government Gazette;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "person" does not include a body of persons;

kk) "public holiday" means any day which is a public holiday for the purpose of section 25 of the Negotiable Instruments Act, 1881;

(l) "sign" in relation to a person who is unable to sign his name means authenticate in such manner as may be prescribed;

  (2) For the purposes of this Act an Assembly Constituency, a Council Constituency, a Local Authorities' Constituency, and a Panchayat's Constituency shall each be treated as a Constituency of a different class.

  (3) Where under any of the provisions of this Act anything is to be prescribed, different provisions may be made for different cases and classes of cases.