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Union of India - Section

Section 6 in The Representation Of The People (Amendment) Act, 1996

6. Amendment of section 33. In section 33 of the 1951 Act,-(a) in sub- section (1), for the provisos, the following provisos shall be substituted, namely:-" Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to" an elector of the constituency as proposer" shall be construed as a reference to ten per cent. of the electors of the con- stituency or ten such electors, whichever is less, as proposers";

(b)after sub- section (6), the following sub- section shall be inserted, namely:-(7) Notwithstanding anything contained in sub- section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,-(a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies;
(b)in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State;
(c)in the case of a biennial election to the Legislative Council of a State having such Council, from' more than two Council constituencies in the State;
(d)in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats;
(e)in the case of bye- elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies;
(f)in the case of bye- elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies;
(g)in the case of bye- elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats;
(h)in the case of bye- elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. Explanation.- For the purposes of this sub- section, two or more bye- elections shall be deemed to be held simultaneously where the notification calling such bye- elections are issued, by the Election Commission under section 147, 149, 150 or, as the case may be, 151 on the same date.