Section 4 of The Presidential and Vice-Presidential Elections Act, 1952
1[(1) The Election Commission shall, by notification in the Official Gazette, appoint for every election--
- (a)the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this sub-section, or, if that day is a public holiday, the next succeeding day which is not a public holiday;
- (b)the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
- (c)the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
- (d)the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the fifteenth 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 under sub-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 the President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing President or Vice-President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office 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 by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy
Summary
- The Election Commission must announce key election dates by publishing a notification in the Official Gazette.
- The deadline for nominations is the fourteenth day after the notification's publication date, or the next business day if it falls on a public holiday.
- Nominations are scrutinized on the day immediately following the nomination deadline, or the next non-holiday day if it is a public holiday.
- Candidates can withdraw up to the second day after the scrutiny date, or the next non-holiday day if that second day is a holiday.
- If a voting poll is necessary, it must be scheduled at least fifteen days after the final date for withdrawal of candidatures.
- For standard term-expiration vacancies, the date-setting notification must be issued on or soon after the sixtieth day before the term of the outgoing official ends.
- The election schedule must ensure the newly elected President or Vice-President can take office the day after the outgoing official's term expires.
- Vacancies due to death, resignation, or removal require the notification to be issued as soon as possible after the vacancy occurs.
Practical examples
FAQ
1. How long do candidates have to file their nominations after the official election notification is published?
Under Section 4(1)(a), the last date for making nominations is the fourteenth day after the publication of the notification. If that day is a public holiday, it is extended to the next succeeding day that is not a public holiday.
2. When does the scrutiny of nominations take place?
According to Section 4(1)(b), the scrutiny takes place on the day immediately following the last date for making nominations, or the next succeeding day that is not a public holiday.
3. What is the earliest date on which a poll can be scheduled after the withdrawal deadline?
Under Section 4(1)(d), the poll cannot be scheduled earlier than the fifteenth day after the last date for the withdrawal of candidatures.
4. When must the Election Commission issue the notification if the vacancy is caused by term expiration?
Under Section 4(3), the notification must be issued on, or as soon as conveniently may be after, the sixtieth day before the term of office of the outgoing official expires.
5. How are vacancies caused by death or resignation handled?
Under Section 4(4), the notification must be issued as soon as may be after the occurrence of such a vacancy.
Test yourself
Q1.Under Section 4 of The Presidential and Vice-Presidential Elections Act, 1952, if the fourteenth day after the publication of the election notification is a public holiday, what is the deadline for making nominations?
Q2.Under Section 4 of The Presidential and Vice-Presidential Elections Act, 1952, what is the minimum duration that must pass between the last date for the withdrawal of candidatures and the polling date?
Q3.Under Section 4 of The Presidential and Vice-Presidential Elections Act, 1952, when must the notification be issued to fill a vacancy caused by the normal expiration of the term of office of the President or Vice-President?
Q4.Under Section 4 of The Presidential and Vice-Presidential Elections Act, 1952, if the date for the scrutiny of nominations falls on a public holiday, what is the legal date for scrutiny?