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  1. 1) What can be the maximum number of members of Rajya Sabha? Ans. 250 The maximum number of members of Rajya Sabha can be 250. Article 80 of the Constitution of India provides that 12 members are to be nominated by the President of India and not more than 238 representatives from the States to be elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote. (Article 80 of the Constitution). 2) What is the present strength of Rajya Sabha? Ans. 245 Members. 12 are nominated and 233 are elected. 3) What is the life of Rajya Sabha? Ans.Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83 (1) of the Constitution of India. But as nearly as possible, one third of its members shall retire every 2nd year and an equal number of members are chosen to replace them. 4) Who elects the members of the Rajya Sabha? Ans.Elected members of the State Legislative Assemblies. Here the word ‘State’ includes Puducherry and National Capital Territory of Delhi also. Article 80(4) of Constitution of India provides that members of Rajya Sabha shall be elected by the elected members of State Legislative Assemblies through the system of proportional representation by means of the single transferable vote. 5) Who nominates the members of the Rajya Sabha? Ans. President of India The President of India nominates 12 members of Rajya Sabha as mentioned earlier. 6). Is there any special qualification for nominated members? Ans. Yes Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service. Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age. 7). How many no. of Proposers are required to subscribe a Nomination in election to Council of States? Ans: - In the case of candidates set up by recognized parties, each nomination of a candidate for election to the Council of States or State Legislative Council shall be subscribed by at least ten per cent of the elected members of the Legislative Assembly concerned or ten members, whichever is less, as proposers. In case of other candidates, by ten elected members of the Legislative Assembly. 8). How many sets of nomination paper a candidate can file? Ans: - Four Under sub-section (6) of section 33 of the Representation of the People Act, 1951, read with sub-section (2) g Section 39, a maximum of four nomination papers only, can be presented by or on behalf of any candidate or accepted for election in the same Constituency. 9). Who can present the nomination paper to the Returning Officer? Ans:- Nomination paper to be presented either by candidate or by any of his proposers. 10). What is the amount of security deposit for contesting Rajya Sabha election? Ans:Every candidate at an election to the Council of States or a State Legislative Council is required to make a deposit of Rs. 10,000/- (Section 34 read with section 39 (2) of the Representation of the People Act, 1951) as amended by the Representation of the People (Amendment) Act, 2009 (come into force from 1st February, 2010). The amount of deposit shall be Rs. 5,000/- only, if he/she is a member of a Scheduled Castes or Scheduled Tribes. 11). Whether an elected member of the Legislative Assembly/Union Territory is entitled to participate as an elector at an election to the Council of States or State Legislative Council, even before he has assumed his seat in the legislative assembly and has yet to make and subscribe the requisite oath or affirmation as a member of the assembly under the Constitution? Can Such members be proposers for nomination? Ans: Yes. This question arose in Pashupati Nath Sukul Vs Nem Chand Jain (AIR 1984 SC 399). The Supreme Court held that the members of the newly elected legislative assembly became members of that assembly as soon as the assembly was constituted by the Election Commission by its notification under Section 73 of the RP Act 1951, and such members could participate in all non-legislative activities, including the election to the Council of States, even before taking their seats in the assembly. This view was reaffirmed by the Supreme Court by its order of 6 January, 1997 [Madhukar Jetly Vs Union of India and Ors-1997(II)SCC III]. Such member can also act as proposers for nomination of candidates. 12). Whether the provisions of the Tenth Schedule to the Constitution relating to disqualifications on the ground of defection are applicable to open voting at elections to Council of States? Ans:No. The Supreme Court in its judgment dated 22 August 2006 in the matter of Kuldip Nayar Vs Union of India and Ors (AIR 2006 SC3127) observed that ‘The contention that the right of expression of the voter at an election for the Council of States is affected by open ballot in not tenable, as an elected MLA would not face any disqualification from the Membership of the House for voting in a particular manner. He may at the most attract action from the political party to which he belongs.’ 13). Whether an elected member of a state legislative assembly, whose election has been set aside by the High Court in an election petition, but in whose favour a conditional stay has been granted by the Supreme Court during the pendency of his appeal, permitting the member concerned to sign the assembly’s attendance register but not permitting him to take part in the proceedings of the House, can vote at the elections to the Council of States or the State Legislative Council? Ans: No. The Supreme Court clarified their order of 27 October 1967 (Satyanarayana Mitra Vs Bireswar Ghose Appeal No. 1408 (NCE) of 1967) that the member concerned should not be allowed to participate in the election to the Council of States. Thereafter as a rule, no such member of any State Legislative Assembly has been permitted to either propose the name of any candidate or to vote at any election to the Council of States or State Legislative Council. 14) Whether an elected member of a state legislative assembly, whose election has been set aside by High Court on an election petition, but the Supreme Court grants an absolute stay of the High Court’s order, can vote at the elections to the Council of States or State Legislative Council? Ans:Yes. In such case the order of the High Court shall be deemed never to have taken effect under Section 116B(3) of the RP Act, 1951, and the member concerned shall continue to enjoy all rights and privileges of a member of the legislative assembly without any fetters, including his right to participate in election to the Council of States or State Legislative Council. 15) If a biennial election is not held in due time due to non-existence of the state legislative assembly concerned at the relevant time and the resultant vacancies remain unfilled for a long time during which some other regular vacancies also arise, can the vacancies so arising be combined for a common election or the vacancies arising on each separate occasion (categories) have to be filled by separate elections, even if a common time table for such elections is adopted on the constitution of the assembly concerned? Ans: The regular vacancies that arose from different categories/cycles (determined at the time of initial constitution of the Councils) cannot be combined and vacancies arising on separate occasion have to be filled by separate elections, even if a common time table for such elections is adopted. [Surinder Pal Ratawal Vs Shamim Ahmed AIR 1985 Del 22 & A K Walia Vs Union of India and Ors Civil Writ No. 132 of 1994 before Delhi High Court]. 16) Can the oath or affirmation be made and subscribed on the day of scrutiny of nomination papers at that election. Ans:- No, The oath or affirmation should be made and subscribed before the date fixed by the Election Commission for scrutiny of nomination papers at that election. The decisions of the Supreme Court in PasupatiNathsingh vs. Harihar Prasad Singh (A.I.R. 1968 S.C.- 1064) and Khadar Khan Hussain Khan and other vs. Nijalingapppa [(1970) (1) S.C.A-548] have clarified the position and removed all doubts in regard to actual making and subscribing the oath or affirmation. According to these judgments, the oath or affirmation can be made and subscribed by a candidate only after his nomination paper is delivered and it cannot be so made and subscribed on the date of scrutiny. It has to be made before the date fixed for scrutiny. 17) Whether same proposer can propose the nomination of more than one candidate? Ans:Yes. There is no bar under the law against an elector proposing the nomination of more than one candidate. Thus, an elector subscribing as proposer for the nomination of one candidate may so subscribe the nominations of one or more other candidates also (Amolak Chand Vs Raghuveer Singh AIR 1968 SC 1203). Even a candidate himself may propose the nomination of another candidate for the same election. 18) Who can present the nomination paper of a candidate? Ans: A nomination paper shall be presented to the returning officer or the authorised assistant returning officer either by the candidate himself in person or by any of his proposers [s 33(1) read with Section 39(2), 1951 Act]. It cannot be presented by any other person, even if authorised in writing by the candidate or the proposer. 19) Whether nomination paper can be sent by post or through any other means of communication, like fax or e-mail? Ans: No. Nomination cannot be sent by post or through any other means of communication, like fax or e-mail [see Hari Vishnu Kamath Vs Gopal Swarup Pathak 48 ELR 1] 20) Whether the notice of withdrawal of candidature can be revoked? Ans: No. Once a candidate has given notice of withdrawal of candidature in the prescribed manner, he has no option or discretion thereafter to withdraw or cancel his said notice [s 37(2) read with Section 39(2) of RP Act 1951]. 21) How many affidavits, a candidate has to file with his nomination papers? Ans. Two affidavits one in Form 26 and additional affidavit as per the form prescribed by the Commission vide its Order No. 509/11/2004-JS.I dated 03.02.2016, regarding dues against Government accommodation. 22) Whether the nomination paper is valid, if any of the columns of Affidavit (Form-26) is left unfilled? Ans:The Hon’ble Supreme Court in its judgment dated 13/9/2013 in WP(C) No. 121 of 2008 (Resurgence India Vs. Election Commission of India and Ors) has held that in the affidavits filed by candidates along with their nomination paper, the candidates are required to fill up all columns therein and no column can be left blank. Therefore, at the time of filing of affidavit, RO has to check whether all columns of the affidavit filed with the nomination paper are filled up. If not, the RO shall give a notice to the candidate to submit a fresh affidavit with all columns duly filled in. The Hon’ble Court has held that if there is no information to be furnished against any item, appropriate remarks such as ‘NIL’ or ‘Not Applicable’ etc as may be applicable shall be indicated in such column. They should not leave any column blank. If a candidate fails to fill the blanks even after notice from R.O., the nomination paper will be liable to be rejected by the RO at the time of scrutiny of nomination papers. 23) Whether nomination paper of any candidate can be rejected if the information given therein is incorrect? Ans: No, giving wrong information in nomination form is not the criterion for rejection of nomination papers. The Returning Officer can reject the nomination papers as per the provisions contained in Section 36 of the Representation of the People Act, 1951. 24) Then what is the penalty a candidate faces for filing a wrong affidavit? Ans: If a candidate files false declaration or conceals information in affidavit in FORM 26, then he is punishable with imprisonment for a term which may extend to six months, or with fine, or with both under Section 26 of the Representation of the People Act, 1951. In this case as per the Commission’s instruction dated 26.04.2014, the complainant can move before appropriate Court of Law for action under Section 125A of the Representation of the People Act, 1951 directly. 25) What is the outer time limit for filing the various documents required to be filed in connection with nomination paper? Ans: (a) The affidavit in Form 26, the additional affidavit and Forms AA & BB have to be filed latest by 3.00 P.M. on the last date of filing nominations. Revised affidavit may be filed upto the time fixed for scrutiny of nominations, if the candidate has left any column blank in the original affidavit and the Returning Officer has given notice for filing fresh and complete affidavit. (b) Oath has to be taken after filing nomination paper and before the date fixed for scrutiny. (c) Certified extract of electoral roll can be filled up to the time of scrutiny. 26) Whether Form AA and Form BB can be sent by Fax or photocopy of the same can be submitted? Ans:No. 27) Whether Form AA and Form BB can be submitted after 3.00 pm on the last date of filing nominations? Ans: No. 28) How does open ballot system work? Ans: Open ballot voting applies in election to Council of States only. Every political party which has its member(s) as MLAs can appoint an authorized agent to verify as to whom its members have voted. The authorized agent will be seated inside the polling station in seats provided by the R.O. In case of MLAs who are members of political parties, after they mark the vote and before inserting the ballot box, are required to show the marked ballot paper to the authorized agent of their party. 29) Whether an authorized agent of a party at elections to Council of States can be the authorized agent of another party simultaneously? Ans: No. The spirit behind Rule 39AA of the Conduct of Elections Rules 1961 is that MLAs belonging to a political party shall show their ballot papers (after marking their vote) to the authorized agent of that party only and not to the authorized agent of other parties. As such, the same person cannot be appointed as the authorized agent of more than one party. 30) What action is required to be taken by Presiding Officer/Returning Officer in election to Council of States, in case an elector belonging to a political party refuse to/does not show his/her marked ballot paper to the authorized agent of his party or shows his/her marked ballot paper to the authorized agent of other political party? Ans: In such case the ballot paper issued to the elector shall be taken back by the presiding officer or a polling officer under the direction of the presiding officer and the ballot paper and keep it in a separate envelope after recording on the reverse side of the ballot paper “Cancelled-voting procedure violates”. Provision in sub-rules (6) to (8) of rule 39A of the Conduct of Elections Rules, 1961, shall apply in such case. In case before taking back such ballot paper the elector dropped the ballot paper into ballot box, at the time of counting such ballot paper, RO should first separate this concerned ballot paper and it shall not be counted. 31) Can an independent MLA show his marked ballot paper to the authorized agent of any party? Ans: No, Independent MLAs are required to insert the marked ballot paper in the ballot box without showing the marked ballot to any agent. 32) Whether an MLA or Minister can be appointed as authorized agents of the party at the election to the Council of States and State Legislative Councils by MLAs? Ans:There is no such restriction imposed by the Commission in elections to the Council of States and State Legislative Council by MLAs. 33) Whether the list of electors to be maintained under section 152 of the Representation of the People Act, 1951 can be amended to include the name of newly elected member of state legislative assembly after the date of notification of election to the Council of States or even after the last date of filing of nomination? Ans: In case when a member gets elected to the Legislative Assembly at a bye-election, result of which is declared after the date of notification of election to the Council of States or even after the last date of filing nomination, the name of newly elected MLA should be included in the list of members maintained under Section 152 of the RP Act, 1951. Further, he shall then be entitled to vote at the election to the Council of States if the poll is taken after the date of his election as MLA. This instruction is also applicable in the case of elections to Legislative Council by MLAs. 34) Whether a person can vote at any election if he is confined in a prison, whether under a sentence of imprisonment or as under trial, or is in the lawful custody of the police? Ans: No. The provisions of Section 62(5) of the Representation of the People Act, 1951 provides that no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment of transportation or otherwise, or is in the lawful custody of the police.
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  8. Q 1. Can a non-citizen be a candidate? Ans. No A non citizen cannot be a contesting candidate in the elections. Article 84 (a) of the Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in the Parliament unless he is a citizen of India. Similar provision exists for State Legislative Assemblies in Article 173 (a) of the Constitution. Q 2 What is the minimum age for becoming a candidate for Lok Sabha or Assembly election? Ans. Twenty Five Years Article 84 (b) of Constitution of India provides that the minimum age for becoming a candidate for Lok Sabha election shall be 25 years. Similar provision exists for a candidate to the Legislative Assemblies vide Article 173 (b) of the Constitution read with Sec. 36 (2) of the R. P. Act, 1950. Q 3. If I am not registered as a voter in any Constituency, can I contest election? Ans. No For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d) of Representation People Act, 1951 precludes a person from contesting unless he is an elector in any parliamentary constituency. Section 5 (c) of R. P. Act, 1951 has a similar provision for Assembly Constituencies. Q 4. I am registered as a voter in Delhi. Can I contest election to Lok Sabha from Haryana or Maharashtra, or Orissa? Ans. Yes If you are a registered voter in Delhi, you can contest an election to Lok Sabha from any constituency in the country except Assam, Lakshadweep and Sikkim, as per Section 4 (c), 4 (cc) and 4 (ccc) of the R. P. Act, 1951. Q 5. If some body is convicted for some offence and he is sentenced to imprisonment for 3 years, can he contest elections? Ans. No As per Section 8 (3) of R. P. Act, 1951, if a person is convicted of any offence and sentenced to an imprisonment of 2 years or more, this will be disqualification to contest elections. Q 6. Supposing he is on bail, pending disposal of his appeal, can he contest the election? Ans. No Even if is a person is on bail, after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election as per the guidelines issued by the Election Commission of India. Q 7. Can a person confined in jail vote in an election? Ans. No According to section 62(5) of the Representation of the People Act, 1951, no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police. Q 8. Every candidate is required to make security deposit. How much is the security deposit for Lok Sabha election? Ans.Rupees Twenty five Thousand As per Section 34 1 (a) of R. P. Act, 1951, every candidate is required to make a security deposit of Rs. 25,000/- (Rupees Twenty five Thousand Only) for Lok Sabha elections. Q 9. Is there any concession for a candidate belonging to Scheduled Caste or Scheduled Tribe? Ans. Yes The same section 34 of R. P. Act, 1951 provides that a candidate belonging to Scheduled Caste and Scheduled Tribe is required to make a security deposit of Rs. 12,500 (Rupees Twelve Thousand five hundred Only). Q 10. How much is the security deposit for an Assembly election? Ans. Rupees Ten Thousand As per Sec. 34 (1) (b) of the R. P. Act 1951, a general candidate for contesting an Assembly election will have to make a security deposit of Rs. 10,000/-. A candidate belonging to Scheduled Caste / Tribe will have to make a security deposit of Rs. 5,000/- (Five Thousand Only). Q 11. How much was the security deposit for Lok Sabha election previously? Ans. During the Lok Sabha elections held in 1996 and earlier, the security deposit for general and SC / ST candidate was Rs. 500/- (Rupees Five Hundred Only) and Rs. 250/- (Rupees Two Hundred and Fifty Only) respectively. Q 12. How much was the security deposit for elections to Assembly election previously? Ans. During Assembly elections held in 1996 and earlier, the security deposit for general and SC / ST candidates was Rs. 250/- (Rupees Two Hundred and Fifty Only) and Rs. 125/- (Rupees One Hundred Twenty Five Only) respectively. Q 13. When was this change in the amount of security deposit made? Ans. This change in increasing the security deposit was brought about w.e.f 1-2-2010 vide Act 41 of 2009. Q 14. If you are a candidate of a recognised National or State party, how many proposers you require for your nomination? Ans. Only one If you are a candidate of a recognised national / state party, you would require only one elector of the constituency as proposer, vide Sec. 33 of R. P. Act, 1951. Q 15. If you are an independent candidate or a candidate of unrecognised political party, how many proposers you require? Ans. Ten The same section 33 of R. P. Act, 1951 provides that as an independent candidate or a candidate of an unrecognised political party, ten electors from the constituency should subscribe your nomination paper as proposers. Q 16. Can a person contest elections to Lok Sabha/Vidhan Sabha from as many constituencies as he likes? Ans. No As per Section 33 (7) of R. P. Act, 1951, a person cannot contest from more than two constituencies for a Lok Sabha/Vidhan Sabha election. Q 17. Which candidates lose the deposit? Ans. 3354. A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit. Q 18. What has been the maximum number of candidates in any constituency in India at any election so far? Ans. In Modakurichi Assembly Constituency of Tamil Nadu there were 1033 contesting candidates during the general election to Tamil Nadu Legislative Assembly in 1996. The ballot papers were in the form of a booklet. Q 19. The Election Commission has recognised some political parties as National parties and some others as State Parties. How many are National and how many are State parties ? Ans. The Election Commission had recognized 6 Political Parties as National Parties and 36 Political Parties as State Parties in different States at the time of General Elections in 2004. Q 20. On the day of poll, every voter has to go to a polling station to vote. Normally, how many voters are assigned to a polling station, under the norms of the Election Commission? Ans. As per the instructions of Election Commission as contained in Para 2 of Chapter II of Handbook for Returning Officers, a polling station should be provided for a well defined polling area, normally covering about 800 - 1000 electors. However, in exceptional cases, such number may exceed 1000 to avoid the breakup of any polling area in large villages or urban area. When the number exceeds 1200, auxiliary polling stations should be set up. There is provision for setting up of polling stations in localities inhabited by the weaker section of the society, even though the number may be less than 500. If there is a Leprosy Sanatorium a separate polling station may be set up for the inmates alone. Recently the Commission has issued instructions for Rationalisation of Polling Stations in the country, and the limit of electors has been increased to 1500 per polling station, as Electronic Voting Machines are being used now. Q 21. Normally, under the Commission’s norms, how far can a polling station be from your house? Ans. Not more than 2 Kms. According to Para 3 of Chapter II of Handbook for Returning Officers, polling stations should be set up in such a manner that ordinarily no voter is required to travel more than two kms to reach his polling station. Q 22. When you are walking down to your polling station, some candidate or his agent offers you a free lift to the polling station. Can you accept that offer of lift? Ans. No It is a corrupt practice under section 123 (5) of the R. P. Act, 1951. This offence is punishable under Section 133 of the same Act, with imprisonment which may extend upto 3 months and/or with fine. Q 23. Can you accept such lift when you are going back to your house after you have cast your vote? Ans. No The provision of Corrupt Practice under section 123 (5) as mentioned above will cover conveyance of any elector, to or from any polling station. Q 24. Somebody offers you some money to vote for a candidate. Can you accept such money? Ans. No Acceptance of money to vote for a candidate is a corrupt practice of bribery under Section 123 (1) of R. P. Act, 1951. It is also an offence under section 171-B of Indian Penal Code and is punishable with imprisonment of either description for a term which may extend to one year or with fine or both. Q 25. Somebody offers you some money, not to vote for a certain candidate. Can you accept such money? Ans. No The corrupt practice of bribery will also be attracted, if a person accepts money not to vote for a particular candidate. Q 26. Somebody makes any offer of whisky, liquor or other intoxicant or gives you a dinner to vote for a particular candidate or not to vote for him. Can you accept such offer? Ans. No Acceptance of any offer of liquor or other intoxicants or a dinner to vote for a particular candidate or not to vote for him is bribery. Q 27. Can any religious or spiritual leader instruct his followers to vote for a particular candidate, otherwise they will become object of Divine displeasure? Ans.No If any person induces or attempts to induce the voter to vote for any particular candidate or otherwise he will become an object of Divine displeasure, he will be guilty of the corrupt practice of exercising undue influence on a voter under sec 123 (2) of R. P. Act, 1951. It is also an offence under section 171C of Indian Penal Code and punishable with imprisonment of either description for a term which may extend to one year or with fine or both. Q 28. Can any one threaten a voter that he would be excommunicated if he votes for a particular candidate or does not vote for another particular candidate? Ans. No Any threat to a voter that he would be excommunicated if he votes for a particular candidate or does not vote for another particular candidate is a corrupt practice of undue influence under Section 123 (2) of R. P. Act, 1951. It is also punishable under sec 171 F of Indian Penal Code with imprisonment of either description for a term which may extend to one year or with fine or with both. Q 29. Can anyone tell another person that he should vote for a particular person, or not to vote for him, because the candidate belongs to a particular religion, caste or creed or speaks a particular language? Ans. No Any one telling another person that he should vote for a particular candidate or not to vote for him because he belongs to a particular religion, caste or creed or speaks a particular language is a corrupt practice under section 123 (3) of R. P. Act, 1951. Q 30. Is a candidate free to spend as much as he likes on his election? Ans. No A candidate is not free to spend as much as he likes on his election. The law prescribes that the total election expenditure shall not exceed the maximum limit prescribed under Rule 90 of the Conduct of Election Rules, 1961. It would also amount to a corrupt practice under sec 123 (6) of R. P. Act, 1951. Q 31. What is the limit for election expenditure in a parliamentary constituency in bigger States, like, UP, Bihar, Andhra Pradesh, M.P? Ans. The limit for election expenditure is revised from time to time. At present the limit of expenditure for a parliamentary constituency in bigger states like U. P, Bihar, Andhra Pradesh, Madhya Pradesh is Rs. 40 lakhs. Q 32. What is the limit of such expenditure for an assembly constituency in these bigger States? Ans. The limit of election expenditure for an assembly constituency in the above bigger states is Rs. 16 lakhs. Q 33. What was the limit for the Parliamentary and Assembly constituencies in the above States at the time of the last general election in 2009? Ans. The limit of election expenses in the above bigger states at the time of 2009 general election was Rs. 25 lakhs for a Parliamentary constituency and Rs. 10 lakhs for an assembly constituency. Q 34. Are these limits uniform for all States? If not ,What is the lowest limit for a parliamentary constituency at present? Ans. No The maximum limits of election expenditure vary from State to State. The lowest limit at present for a parliamentary constituency is Rs. 16 lakhs for the constituency of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep. The lowest limit for assembly constituency is Rs. 8 lakh in Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Puducherry Q 35. Are the candidates required to file any account of election expenses? Ans. Under section 77 of the R.P.Act, 1951, every candidate at an election to the House of the People or State Legislative Assembly is required to keep, either by himself or by his election agent, a separate and correct account of all expenditure in connection with the selection incurred or authorised by him or his election agent between the date on which he has been nominated and the date of declaration of result, both dates inclusive. Every contesting candidate has to lodge a true copy of the said account within 30 days of result of the election. Q 36. Who is the authority to whom such account is to be lodged? Ans. In every state the account of election expenses shall be lodged by a contesting candidate with the District Election Officer of the district in which the constituency from which he contested lies. In the case of Union Territories, such accounts are to be lodged with the Returning Officer Concerned. Q 37. If a Candidate is contesting from more than one constituency, is he required to file separate accounts or only one consolidated account? Ans. If a candidate is contesting from more than one constituency, he has to lodge a separate return of election expenses for every election which he has contested. The election for each constituency is a separate election. Q 38. What is the penalty if a candidate does not file his account of election expenses? Ans.Under section 10A of the RP Act, 1951, if the Election Commission is satisfied that a person has failed to lodge an account of election expenses with the time and in the manner required by or under that Act and he has no good reason or justification for the failure, it has the power to disqualify him for a period of 3 years for being chosen as, and for being, a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State. Q 39. What is the deadline after which no public meetings and processions can be taken out? Ans. As per Sec. 126 of R. P. Act, 1951, no public meetings and processions can be taken out during the period of 48 hours ending with the hour fixed for the conclusion of poll. Q 40. On the day of poll, can any one vote in the name of another person, even with his consent? Ans. No On the day of poll no one can vote in the name of another even with his consent. If he does so it would amount to impersonation which is an offence under Section 171 D of Indian Penal Code. The offence is punishable with imprisonment of either description which may extend to one year or with fine or both. Q 41. Can any one vote more than once, even if his name is included (wrongly) at more than one place? Ans. No No one can vote more than once even if his name is included at more than one place. If he does so he will be guilty of impersonation which will be punishable as above. Q 42. If you go to your polling station and find that some body else has impersonated for you and already voted in your name, can you vote in such circumstance? Ans. Yes If a person finds that someone else has already voted in his name, then also he will be allowed to vote. But his ballot paper will be marked as a Tendered Ballot Paper by the Presiding Officer. This will be kept separately in the prescribed cover, as per Rule 42 of the Conduct of Elections Rules, 1961.
  9. Under the Constitution of India, there shall always be a President of India (See Article 52 of the Constitution). He holds the highest elective office in the country and is elected in accordance with the provisions of the Constitution and the Presidential and vice-Presidential Elections Act, 1952. The said Act is supplemented by the provisions of the Presidential and Vice-Presidential Elections Rules, 1974, and the said Act under Rules form a complete Code regulating all aspects of conduct of elections to the Office of the President. The President holds office for a period of five years from the date on which he enters upon his office and, accordingly, an election is due to be held this year (2017) to elect the new President before the expiration of the term of the incumbent President of India, Shri Pranab Mukherjee, on 24th July, 2017. In the context of the above election, some questions which may be frequently asked (FAQs) and replies thereto are given below to remove any doubts and confusion which may be arising in the minds of the intending candidates, electors and the general public: Q.1 Who elects the President of India? Answer: The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India] Q.2 What is the term of the office of the President? Answer: The President shall hold office for a term of 5 years from the date on which he enters upon his office. He shall, however, continue to hold office notwithstanding the expiry of his term, until his successor enters upon his office. [Article 56 of the Constitution of India] Q.3 When is the election of the Office of President of India held? Answer: Under the provisions of sub-section (3) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952, the notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office of the outgoing President. The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President. Q.4 Who conducts the election to the Office of President of India? Answer: Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of President is vested in the Election Commission of India. Q.5 What electoral system/process is followed for the election to the office of the President? Answer: As per Article 55(3) of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of single transferable vote and the voting at such election shall be by secret ballot. Q.6 What are the Qualifications required by a candidate to contest the election to the Office of the President of India? Answer: Under Article 58, a candidate should fulfill the following eligibility conditions to contest the election to the Office of President: - 1. Must be a citizen of India, 2. Must have completed 35 years of age, 3. Must be eligible to be a member of the Lok Sabha, 4. Should not be holding any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. However, the candidate may be holding the office of President or Vice-President or Governor of any State or Ministers of the Union or any State and shall be eligible to contest election. Q.7 Apart from the above what are the conditions to be fulfilled by a candidate for his nomination to be valid? Answer: A nomination paper of a candidate for the election has to be made in the prescribed form (Form 2 appended to the Presidential and Vice-Presidential Elections Rules, 1974) and it has to be subscribed by at least fifty electors as proposers and at least fifty electors as seconders. The nomination paper duly completed in all respects has to be presented to the Returning Officer, between 11AM and 3PM on any day other than on a public holiday appointed for the purpose by the Election Commission, either by the candidate himself or by any of his proposers or seconders. Here DzElectorsdz mean elected MPs and elected MLAs who are electors for Presidential Election. The Security Deposit for the election, of Rs.15000/- should also be deposited either in cash with the Returning Officer or a receipt showing that the amount has been deposited by the candidate or on his behalf in the Reserve Bank of India or in a Government Treasury should be furnished along with the nomination paper. The candidate is also required to furnish a certified copy of the entry showing his name in the current electoral roll for the Parliamentary Constituency in which the candidate is registered as an elector. [see Sections 5B and 5C of the President and Vice-President Elections Act, 1952] Q.8 Who is appointed the Returning Officer/Assistant Returning Officer for the election to the Office of President of India? Who makes such appointment? Answer: By convention, the Secretary General, Lok Sabha or the Secretary General, Rajya Sabha is appointed as the Returning Officer, by rotation. Two other senior officers of the Lok Sabha/ Rajya Sabha Secretariat and the Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and Union Territory of Puducherry, are also appointed as the Assistant Returning Officers. The Election Commission of India makes such appointments. [For the Presidential Election, 2017 the Secretary General Lok Sabha is the Returning Officer] Q.9 Can a Candidate submit more than one nomination paper? What would be the security deposit to be made by such candidate? Answer: Yes. A candidate can file a maximum of four nomination papers. However, he is required to make only one security deposit in this regard. [see Section 5B (6) and 5C of the President and Vice-President Elections Act, 1952] Q.10 Can an elector propose or second the nomination of more than one candidate at a Presidential election? Answer: No. An elector can propose or second the name of only one candidate at a Presidential election. If he subscribes as proposer or seconder, the nomination papers of more than one candidate, his signature shall be deemed operative only on the nomination paper first delivered to the Returning Officer. [see Section 5B(5) of the President and Vice-President Elections Act, 1952] Q.11 Who scrutinizes the nomination papers filed by the candidates and who can be present at the time of such scrutiny? Answer: All nomination papers received by the Returning Officer during the period specified for the purpose by the Election Commission are scrutinized by the Returning Officer himself on the date fixed by the Election Commission under Sub-Section (1) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952. At the time of such scrutiny, the candidates, one proposer or one seconder of each candidate and one other person duly authorized, in writing, by each candidate shall be entitled to be present, and they shall be given all reasonable facilities for examining the nomination papers of the candidates and raise objections in regard to those nomination papers. Q.12 What are the grounds for rejection of the nomination of a candidate in the Presidential election? Answer: A nomination paper may be rejected by the Returning Officer on the following grounds under Section 5E of the Presidential and Vice-Presidential Elections Act, 1952: - 1. On the date of scrutiny of nominations, the candidate is not eligible for election as President under the Constitution; or 2. if any of the proposers or seconders is not qualified to subscribe a nomination paper, i.e., he is not an elector at the election; or 3. if it is not subscribed by the required number of proposers and/or seconders; or 4. if the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud; or 5. if the nomination paper is not presented in person by the candidate or any of his proposers or seconders or if it is not delivered to the Returning Officer, within the hours and dates prescribed for the purpose or at the place appointed for the purpose, or the candidate has failed to make the required security deposit in the prescribed manner However, a candidateǯs nomination shall not be rejected, if he has submitted another set of nomination papers, which are without any irregularity or defect. A candidateǯs nomination shall not be rejected on the ground of any defect that is not of substantial character. Q.13 Where is the poll for election to the Office of President held? Answer: A Room in the Parliament House in New Delhi and a room in the Secretariat building of State Legislative Assemblies in each state, including NCT of Delhi and UT of Puducherry are generally fixed as places of poll, by the Election Commission. [see Rule 7 of the Presidential and Vice-Presidential Elections Rules, 1974] Q.14 Can the electors choose their place of voting? Answer: Yes. While normally Members of Parliament vote in New Delhi and the members of the State Legislative Assemblies, including the members of the Legislative Assemblies of NCT of Delhi and UT of Puducherry vote at the place fixed in each State/UT capital, facilities are provided by the Election Commission for any MP to vote in the capital of State and similarly an MLA may vote at the polling booth set up in the Parliament House, if he is in Delhi on the date of poll. However, the MP or MLA who opts to vote in a place other than the place where the member is designated to vote is required to intimate the same to the Commission well in advance (ten days) for making necessary arrangements. In exceptional circumstances, MPs and MLAs may be permitted by the Commission to vote at other State Capitals also. Q.15 What is the colour and form of ballot papers used in the election to the office of the President? Answer: The Election Commission has directed that the ballot papers should be printed in 2 (two) colours- in green for use by Members of Parliament and in pink for use by the Members of the State Legislative Assemblies. The ballot papers are printed with two columns-first column containing the names of the candidates and the second column for marking preferences by the elector for each such candidate. The ballot papers are printed in Hindi and English for use by MPs and in the official language(s) of the State and in English for use by the MLAs of the State concerned. [see Rule 10 of the Presidential and Vice-Presidential Elections Rules, 1974] Q.16 Is the value of vote of each elector the same? Answer: No. The value of votes of MLAs would differ from State to State as the value of each such vote is calculated by the process explained below. However, the value of votes of all MPs is the same. Q.17 How is the value of votes of members of the Electoral College calculated? Answer: The value of votes of electors is basically determined on the basis of population of the States in accordance with the manner laid down in Article 55(2) of the Constitution. The Constitution (Eighty-fourth Amendment) Act, 2001 provides that until the population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of the votes for the Presidential Election shall mean the population as ascertained at the 1971 census. The value of the vote of each member of a State Legislative Assembly included in the Electoral College is calculated by dividing the population of the State concerned (as per 1971 Census) by the total number of elected members of the Assembly, and then further dividing the quotient by 1000. If the remainder, while so dividing is 500 or more, then the value is increased by Ǯ1ǯ. Total Value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member in the respective State. The total value of votes of all the States worked out as above in respect of each State and added together is divided by the total number of elected members of Parliament (Lok Sabha 543+Rajya Sabha 233) to get the value of votes of each Member of Parliament. The statement of Value of Votes of MLAs & MPs as per Article 55(2) of the Constitution is given below*. (Appendix) Q.18 What is the manner/procedure for recording votes at an election to the office of President? Answer: In accordance with the system of proportional representation by means of single transferable vote, every elector can mark as many preferences, as there are candidates contesting the election. These preferences for the candidates are to be marked by the elector, by placing the figures 1,2,3, 4, 5 and so on, against the names of the candidates, in the order of preference, in the space provided in column 2 of the ballot paper. The preferences can be indicated in international form of Indian numerals or in the form used in any Indian language or in Roman form but the preferences cannot be indicated in words like one, two, first preference second preference etc. [see Rule 17 of the Presidential and Vice- Presidential Rules, 1974]. Q.19 Is it compulsory for an elector at a Presidential election to mark his preference for all candidates? Answer: No. Only the marking of first preference is compulsory for a ballot paper to be valid. Marking other preferences is optional. Q.20 Are the provisions of the Anti-Defection Law applicable in Presidential elections? Answer: No. Members of the Electoral College can vote according to their wish and are not bound by any party whips. The voting is by secret ballot. Therefore, Party whip does not apply in this election. Q.21 Are Nominated Members of either Houses of Parliament or a State Legislative Assembly eligible to vote at the election to the Office of President? Answer:No. Only elected members of both Houses of Parliament and of the State Legislative Assemblies are members of the Electoral College for Presidential Election. Therefore, nominated members cannot vote in this election. [see Article 54 of the Constitution.] Q.22 Can an elector at a Presidential election exercise his vote by proxy? Answer: No. Q.23 Whether provisions of NOTA are applicable? Answer: No. Q.24 Can a disabled or illiterate elector in a Presidential election take the help of a companion to record his vote? Answer: No. Unlike in Parliamentary and Assembly election, an elector cannot take the help of a companion. He can take only the assistance of the Presiding Officer to record his vote, if he is unable to read the ballot paper or to record his vote by reason of his illiteracy or blindness or any physical or other disabilities. The Presiding Officer is obliged under the rule to record the vote according to the wishes of the elector and keep such vote secret. [see Rule 19 of the Presidential and Vice-Presidential Rules, 1974]. Q.25 How can an elector who is under preventive detention during the period of Presidential election cast his vote? Answer: An elector under preventive detention can cast his vote through postal ballot, which will be sent to him by the Election Commission on the place of his detention. [see Rule 26 of the Presidential and Vice-Presidential Rules, 1974]. Q.26 Is the winner in a Presidential election elected on the basis of obtaining simple majority? Or by securing a specified quota of votes? Answer: As the Presidential election is held in accordance with the system of proportional representation by means of the single transferable vote, every elector has as many preferences as candidates contesting the elections. The winning candidate has to secure the required quota of votes to be declared elected, i.e., 50% of valid votes polled +1. [see the schedule of the Presidential and Vice-Presidential Rules, 1974]. Q.27 What are the grounds for rejection of the ballot papers? Answer: The Returning Officer shall reject a ballot paper as invalid on which: 1. The figure 1 is not marked; or 2. The figure 1 is marked against the name of more than one candidate or is marked in a manner which renders it doubtful as to which candidate it is intended to apply; or 3. The figure 1 and some other figure is marked against the name of the same candidate; or 4. Any mark is made by which the elector may be identified. A ballot paper will also be invalidated if the preference is marked in words like one, two, three or first preference, second preference, third preference, etc., instead of in figures 1, 2, 3 etc. A postal ballot may be rejected if the signature of the elector on the declaration and the attestation form received with the ballot paper is not duly attested by the authority specified in such form (who is normally the officer-in-charge of the jail or the place of detention). [see rule 31 of the Presidential and Vice-Presidential Rules, 1974]. Q.28 What is the procedure of counting in a Presidential election? How is the quota of votes to be secured by the winning candidate determined? Answer: After the valid ballot papers are segregated from the invalid ones, the valid ballot papers are distributed among the contesting candidates on the basis of first preference marked on each of them for those candidates. The value of votes which each contesting candidate gets in this process is ascertained by multiplying the number of ballot papers on which the first preference is marked for him, by the value of vote which each ballot paper of a member (MP or MLA) represents as indicated on the ballot paper itself. The total votes secured by each contesting candidate are then ascertained by adding together the value of votes secured by him from the Members of Parliament and the Members of the State Legislative Assemblies. This is the first round of counting. For ascertaining the quota sufficient to secure the return of a candidate, the value of votes credited to each contesting candidate in the first round of counting is added up to determine the total value of valid votes polled at the election. Such total value of valid votes is then divided by two, and one is added to the quotient so obtained, ignoring the remainder, if any. The number so determined, is the quota, which a candidate should secure to be declared elected. If the total value of the votes credited to any candidate at the first count, is equal to, or greater than, the quota sufficient to secure the return of a candidate, that candidate is declared elected by the Returning Officer. If, however, after the first round of counting, no candidate secures the requisite quota, then the counting proceeds on the basis of a process of elimination and exclusion, whereby the candidate credited with the lowest number of votes is excluded and all his ballot papers are distributed among the remaining (continuing) candidates on the basis of the second preferences marked, if any, thereon. The value of such transferred ballot papers will be the same as the value at which the excluded candidate received them. The ballot papers on which second preference is not marked is treated as exhausted ballot papers and shall not be further counted, even if the third or subsequent preferences are marked thereon. If no candidate secures the requisite quota even at this stage after distribution of votes of the excluded candidate then the process of counting will continue on the same basis of elimination and exclusion of the candidate with lowest vote till a candidate secures the required quota of votes. In case, even after the exclusion of the candidates receiving the lowest number of votes, no candidate secures the requisite quota and ultimately one candidate remains as the lone continuing candidate, he is declared elected even if he has failed to secure the quota sufficient to secure the return of a candidate. [see the schedule to the Presidential and Vice-Presidential Rules, 1974]. Q.29 Where is the counting of votes in a Presidential election held? Answer: The counting of votes is done in the office of the Returning officer at New Delhi. Q.30 When is the security deposit of a candidate in a Presidential Election forfeited? Answer: The Security deposit shall be forfeited if the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the number of votes necessary to secure return of a candidate at such election. In other cases, the deposit will be returned to the candidate. The security deposit is returned by ECI. [see Section 20A of the Presidential and Vice-Presidential Act, 1952]. Q.31 Can the result of the election to the Office of President be challenged? If so, what is the proper procedure for doing so? Answer: Yes. An election to the Office of the President can be called in question by means of an election petition presented to the Supreme Court after the election is over. Such election petition should be presented by a candidate or twenty or more electors joined together as petitioners, and may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election under Section 12 (of the Presidential and Vice-Presidential Elections Act, 1952), but not later than 30 days from the date of such publication. Subject to these provisions, the Supreme Court, under Article 145 of the Constitution, may regulate the form, manner and the procedures connected with such election petitions. [see Sections 13 to 20 of the Presidential and Vice-Presidential Act, 1952]. PRESIDENTIAL ELECTION, 2017 STATEMENT OF VALUE OF VOTES OF ELECTED MEMBERS OF THE STATE LEGISLATIVE ASSEMBLIES AND BOTH HOUSES OF PARLIAMENT AS PER PROVISIONS OF ARTICLE 55(2) OF THE CONSTITUTION OF INDIA APPENDIX-I S.No. NAME OF STATE NUMBER OF ASSEMBLY SEATS (ELECTIVE) POPULATION 1971 CENSUS) VALUE OF VOTE OF EACH M.L.A. TOTAL VALUE OF VOTES FOR THE STATE (1) (2) (3) (4) (5) (6) 1. ANDHRA PRADESH 175 27800586 159 159 X 175 = 27825 2. ARUNACHAL PRADESH 60 467511 8 008 X 060 = 480 3. ASSAM 126 14625152 116 116 X 126 = 14616 4. BIHAR 243 42126236 173 173 X 243 = 42039 5. CHHATTISGARH 90 11637494 129 129 X 090 = 11610 6. GOA 40 795120 20 020 X 040 = 800 7. GUJARAT 182 26697475 147 147 X 182 = 26754 8. HARYANA 90 10036808 112 112 X 090 = 10080 9. HIMACHAL PRADESH 68 3460434 51 051 X 068 = 3468 10. JAMMU & KASHMIR* 87 6300000 72 072 X 087 = 6264 11. JHARKHAND 81 14227133 176 176 X 081 = 14256 12. KARNATAKA 224 29299014 131 131 X 224 = 29344 13. KERALA 140 21347375 152 152 X 140 = 21280 14. MADHYA PRADESH 230 30016625 131 131 X 230 = 30130 15. MAHARASHTRA 288 50412235 175 175 X 288 = 50400 16. MANIPUR 60 1072753 18 018 X 060 = 1080 17. MEGHALAYA 60 1011699 17 017 X 060 = 1020 18. MIZORAM 40 332390 8 008 X 040 = 320 19. NAGALAND 60 516449 9 009 X 060 = 540 20. ODISHA 147 21944615 149 149 X 147 = 21903 21. PUNJAB 117 13551060 116 116 X 117 = 13572 22. RAJASTHAN 200 25765806 129 129 X 200 = 25800 23. SIKKIM 32 209843 7 007 X 032 = 224 24. TAMIL NADU 234 41199168 176 176 X 234 = 41184 25. TELANGANA 119 15702122 132 132 X 119 = 15708 26. TRIPURA 60 1556342 26 026 X 060 = 1560 27. UTTARAKHAND 70 4491239 64 064 X 070 = 4480 28. UTTAR PRADESH 403 83849905 208 208 X 403 = 83824 29. WEST BENGAL 294 44312011 151 151 X 294 = 44394 30. NCT OF DELHI 70 4065698 58 058 X 070 = 4060 31. PUDUCHERRY 30 471707 16 016 X 030 = 480 TOTAL 4120 549302005 = 549495 * Constitution (Application to the Jammu & Kashmir) Order EXTRACTS FROM THE CONSTITUTION OF INDIA The President and Vice-President 52. The President of India - There shall be a President of India. 53. Executive power of the Union - (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall- (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. 54. Election of President - The President shall be elected by the members of an electoral college consisting of- (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. [Explanation.-In this article and in article 55, State includes the National Capital Territory of Delhi and the Union territory of Pondicherry.] 55. Manner of election of President - (1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner: - (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. _47[Explanation.-In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.] 56. Term of office of President - (1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that- (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. 57. Eligibility for re-election - A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. 58. Qualifications for election as President - (1) No person shall be eligible for election as President unless he- (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Explanation.-For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor_48*** of any State or is a Minister either for the Union or for any State. 59. Conditions of President's office - (1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. 60. Oath or affirmation by the President - Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say- "I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.". 61. Procedure for impeachment of the President - (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless- (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one- fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy - (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

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ECI Main websiteThe Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. 

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