Presidential and Vice-Presidential Elections Act, 1952
No: 31 Dated: Mar, 14 1952
THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952
ACT NO. 31 OF 1952
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:—
PART I
PRELIMINARY
1. Short title.—This Act may be called the Presidential and Vice-Presidential Elections Act, 1952.
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 member of the electoral college referred to in article 54, and in relation to a Vice-Presidential election, 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 section 25 of the Negotiable Instruments Act, 1881 (26 of 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 II
CONDUCT OF PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS
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.
4. Appointment of dates for nominations, etc.—(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 the 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 Vice-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