The Election Laws (Amendment) Act, 2003

 

No. 24 of 2003

 

Received the assent of the President on March 22, 2003 and published in the Gaz. of India, Extra. Part II, S. 1 dated 24th March, 2003, pp.1-2, No. 27

(March 22, 2003)

 

An Act further to amend the Representation of the People Act, 1951 and the Indian Penal Code

 

Be it enacted by Parliament in the Fifty fourth year of the Republic of India as foliows:-

 

CHAPTER I

PRELIMINARY

 

1. Short title and commencement.- (1) This Act may be called the Election Laws (Amendment) Act, 2003.

 

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

 

CHAPTER II

AMENDMENT TO THE REPRESENTATION OF THE PEOPLE ACT, 1951

 

2. Amendment of S. 59.- In the Representation of People Act, 1951 (43 of 1951) (hereinafter in this chapter referred to as the principal Act), in S. 59 for the words "and no votes shall be received by proxy", the words "and, save as expressly provided by this Act, no votes shall be received by proxy" shall be substituted.

 

3. Substitution of new section for S. 60.- For S. 60 of the principal Act, the following section shall be substituted, namely:-

 

"60. Special procedure for voting by certain classes of persons.- Without prejudice to the generality of the provisions contained in S. 59, provision may be made, by ndes made under this Act, for enabling-

 

(a) any of the persons as is referred to in clause (a) or clause (b) of sub-s. (8) of S. 20 of the Representation of People Act, 1950 (43 of 1950) (hereafter in this section referred to as the 1950 Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;

 

(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:-

 

(i) any person as is referred to in clause (c) or clause (d) of sub-s. (8) of S. 20 of the 1950 Act;

 

(ii) the wife of any such person to whom the provisions of sub-s. (3) of S. 20 of the 1950 Act apply and such wife being ordinarily residing with that person in terms of sub-s. (6) of that section;

 

(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules;

 

(d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules."

 

4. Amendment of S. 62.- In S, 62 of the principal Act, after sub-s. (5), the following subsection shall be inserted, namely:-

 

"(6) Nothing contained in sub-ss. (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector".

 

CHAPTER III

AMENDMENT TO THE INDIAN PENAL CODE

 

5. Amendment of S. 171-D.- In S. 171-D of the Indian Penal Code (45 of I860), the following proviso shall be inserted at the end, namely:-

 

"Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector".