Election Laws & Voting Rights

1

The Representation of People Act, 1951

The Representation of People Act (RPA) 1951 is the primary law governing elections in India. It covers everything from filing nominations to declaring results and handling election disputes.

📌 Key Provisions of RPA 1951

Section 8 — Disqualification on conviction: sentenced to 2+ years → disqualified for 6 years after release
Section 9 — Disqualification for Government contracts
Section 10A — Disqualification for failure to lodge election expenses account
Section 77 — Every candidate must maintain an election account
Section 123 — Corrupt practices: bribery, undue influence, appeal to religion/caste

2

Candidate Eligibility & Disqualification

Requirement	MLA (State Assembly)	MP (Lok Sabha)
Minimum Age	25 years	25 years
Citizenship	Indian citizen	Indian citizen
Voter Registration	Must be registered voter in that state	Must be registered voter in India
Mental Health	Must not be declared of unsound mind	Same
Insolvency	Must not be undischarged insolvent	Same

📌 Grounds for Disqualification

Holding an office of profit under the government
Conviction with imprisonment of 2+ years (Section 8 RPA)
Corrupt practices declared by court
Anti-Defection Law violation (10th Schedule)
Failing to submit election expense account within 30 days

3

Model Code of Conduct (MCC)

The Model Code of Conduct is a set of guidelines issued by the Election Commission of India. It comes into force from the announcement of election schedule until the results are declared. Violation can lead to notices, censure and even cancellation of candidature.

📌 Key MCC Rules

No announcement of new schemes or freebies by ruling party once MCC is in force
Government machinery (vehicles, officials) cannot be used for campaigning
No appeal to vote on basis of caste, religion or communal feelings
Polling booths cannot be within 100 metres of polling stations on polling day
No election meetings within 48 hours of polling (Silence Period)
Exit polls cannot be published until the last phase of voting ends

4

Election Expenditure Limits

The Election Commission sets expenditure limits for candidates. Exceeding these limits is a corrupt practice under Section 123(6) and can lead to election being declared void.

Election Type	State	Expenditure Limit
MLA (State Assembly)	Large states (incl. Tamil Nadu)	₹40 lakhs per candidate
MP (Lok Sabha)	Large states	₹95 lakhs per candidate
MP (Lok Sabha)	Small states/UTs	₹75 lakhs per candidate

📌 Expenditure Account Rules

Must maintain day-to-day account from date of filing nomination
Must be submitted to Returning Officer within 30 days of result
All expenditure above ₹10,000 must be by cheque/RTGS
Party expenditure on behalf of candidate is also counted

5

ECI Powers & Voter Rights

The Election Commission of India is an independent constitutional body under Article 324. It superintends, directs and controls all elections to Parliament and State Legislatures.

📌 Your Rights as a Voter

Right to vote if age 18+ and registered on electoral roll
Right to get EPIC (Voter ID) card free of cost
Right to NOTA (None of the Above) — introduced in 2013
Right to know candidate's criminal record, assets & education (through Form 26 affidavit)
Right to cast vote without fear — booth capture is a criminal offence
Right to file complaint with ECI via 1950 helpline or CVigil app