Section 39(2) in The Representation of the People Act, 1951
(2)The provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and clause (a) of sub-section (1) of section 34, shall apply in relation to any such election as they apply in relation to an election in any constituency:Provided that—(a)any references in the said provisions to the electoral roll of the constituency shall unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the list of members of elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a Union territory, as references to the list of members of such electoral college maintained under sub-section (2) of that section;(aa)the reference in the opening paragraph of sub-section (1) of section 33 to “an elector of the constituency as proposer” shall be construed as a reference to “ten per cent. of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers”:Provided that where as a result of the calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one-half it shall be ignored;(ab)in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to sub-clause (d) of clause (3) of article 171;(b)any references in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and(c)at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.
