CHAPTER III.--General Procedure at ElectionsCentral

Section 53 of The Representation of the People Act, 1951

Procedure in contested and uncontested elections.

1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]

(2)If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.
(3)If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3*** as the case may be, to elect a person or persons to fill the remaining seat or seats 4***: Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 3*** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the 2[Election Commission] shall not be bound to call again upon the consituency, or such members to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members].

Summary

This section outlines what happens when there is no competition for an election seat.
If there are more people running than there are seats, a vote must be held.
If the number of people running matches the number of seats, the officer declares them winners immediately.
If fewer people are running than there are seats, the officer declares them winners and calls for a new election for the empty spots.
The Election Commission can stop calling for new elections if they believe no one will run.

Practical examples

1Only Mr. Sanjay files papers for a single seat in a local election. Since he is the only one, the officer declares him the winner on the spot without any voting.

2In a race for three seats, only two people named Mira and Kiran apply. Under the law, they are both declared winners for two seats, and a new notice is sent out to find someone for the third seat.

FAQ

1. What is the procedure for an uncontested seat under Section 53 of the 1951 Act?

Under Section 53 of the Representation of the People Act, 1951, if the candidates match the seats, the returning officer declares them elected without a poll.

2. What if too many people run for a seat under Section 53 of the 1951 Act?

Under Section 53 of the Representation of the People Act, 1951, a poll must be taken if the number of candidates is greater than the seats.

3. Can an election be cancelled if no one runs under Section 53 of the 1951 Act?

Yes, under Section 53 of the Representation of the People Act, 1951, the Election Commission is not bound to call for more elections if they think no one will be elected.

Test yourself

1.Under Section 53 of the Representation of the People Act, 1951, what happens if the number of candidates is equal to the number of seats?

2.Under Section 53 of the Representation of the People Act, 1951, if a candidate dies and is replaced under Section 52, but the final number of candidates still matches the seats, what happens?

3.Under Section 53 of the Representation of the People Act, 1951, what happens if only one person runs for two available seats?

4.Under Section 53 of the Representation of the People Act, 1951, who has the power to stop calling for repeated elections for an empty seat?

52PreviousSection 52 Death of candidate of recognised Political Party before Poll.54NextSection 54 [Omitted.].

←Section 52 Section 54→