The Presidential and Vice-Presidential Elections Act, 1952

This Act may be called the Presidential and Vice-Presidential Elections Act, 1952.

In this Act, unless the contest otherwise requires,-- (a) "article" means an article of the Constitution; (b) "election" means a Presidential election or Vice-Presidential election; (c) "election Commission" means the Election Commission appointed by the President underarticle 324; (d) "Elector", in relation to a Presidential election, means a member of the electoral collegereferred to in article 54, and in relation to a Vice-Presidential election, means 1[a member of theelectoral college referred to in article 66;] (e) "prescribed" means prescribed by rules made under this Act; (f) "Presidential election" means an election to fill the office of the President of India; 2[(ff) "public holiday" means any day which is a public holiday for the purposes of section 25 ofthe Negotiable Instruments Act, 1881 (26 of 1881);] (g) "Returning Officer" includes an Assistant Returning Officer performing any function whichhe is 3[competent] to perform under sub-section (2) of section 3; (h) "Vice-Presidential election" means an election to fill the office of the Vice-President of India.

(1) For the purposes of each election the ElectionCommission shall, in consultation with the Central Government, appoint a Returning Officer who shallhave his office in New Delhi and may also appoint one or more Assistant Returning Officers. (2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent toperform all or any of the functions of the Returning Officer.

1[(1) The Election Commission shall, bynotification in the Official Gazette, appoint for every election-- (a) the last date for making nominations, which shall be the fourteenth day after the date ofpublication of the notification under this sub-section, or, if that day is a public holiday, the nextsucceeding day which is not a public holiday; (b) the date for the scrutiny of nominations, which shall be the day immediately following the lastdate for making nominations or, if that day is a public holiday, the next succeeding day which is not apublic holiday; (c) the last date for the withdrawal of candidatures, which shall be the second day after the datefor the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is nota public holiday; (d) the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than thefifteenth day after the last date for the withdrawal of the candidatures.] (2) In the case of the first Presidential and Vice-Presidential elections, the notifications undersub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted. (3) In the case of an election to fill a vacancy caused by the expiration of the term of office of thePresident or Vice-President, the notification under sub-section (1) shall be issued on, or as soon asconveniently may be after, the sixtieth day before the expiration of the term of office of the outgoingPresident or Vice-President, as the case may be, and the dates shall be so appointed under the saidsub-section that the election will be completed at such time as will enable the President or theVice-President thereby elected to enter upon his office on the day following the expiration of the term ofoffice of the outgoing President or Vice-President, as the case may be. (4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring byreason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall beissued as soon as may be after the occurrence of such vacancy

1[5. Public notice of election.-- On the issue of a notification under sub-section (1) of section 4, theReturning Officer for the election shall give public notice of the intended election in such form and insuch manner as may be prescribed, inviting nominations of candidates for such election and specifyingthe place at which the nomination papers are to be delivered.]