Section 40 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Elections to the Legislative Assembly.
- (1)For the purpose of constituting the Legislative Assembly, a general election will be held as soon as may be, after the delimitation of all the assembly constituencies under section 38.
- (2)For the purposes of sub-section (1), the Lieutenant Governor shall, by one or more notifications published in the Official Gazette, call upon all the said assembly constituencies to elect members in accordance with the provisions of the Representation of the People Act, 1951 (43 of 1951), and of the rules and orders made or issued thereunder as applicable under sub-section (3).
- (3)The Representation of the People Act, 1950 (43 of 1950), the Representation of the People Act, 1951 (43 of 1951), the rules and orders made or issued under the said Acts and all other laws for the time being in force relating to elections shall apply with necessary modifications (including modifications for construing references therein to a State, State Government and Governor as including references to the Capital, Government of the Capital and Lieutenant Governor, respectively) to, and in relation to, the general election referred to in sub-section (1).
Summary
- A general election to form the Legislative Assembly must be held as soon as possible after all constituencies are defined under Section 38.
- The Lieutenant Governor is responsible for calling upon the constituencies to elect their members through official notifications in the Gazette.
- Elections must be conducted in accordance with the Representation of the People Act, 1951, and its associated rules and orders.
- Standard national election laws, including the Representation of the People Act, 1950, and Representation of the People Act, 1951, apply to Delhi's elections with necessary adaptations.
- For these laws, references to a State, State Government, or Governor must be read as referring to Delhi, the Government of Delhi, and the Lieutenant Governor respectively.
Practical examples
FAQ
1. When must a general election be held under Section 40?
A general election must be held as soon as possible after all the assembly constituencies are divided and defined under Section 38.
2. Who officially calls for the election to take place?
The Lieutenant Governor officially calls upon the constituencies to elect members by publishing notifications in the Official Gazette.
3. What national laws govern the conduct of elections in Delhi?
The Representation of the People Act, 1950, and the Representation of the People Act, 1951, along with other federal election laws, apply to Delhi's elections.
4. How are national state-level terms applied to Delhi under Section 40?
Any references in the national election laws to a State, State Government, or Governor are read as references to the Capital (Delhi), the Government of Delhi, and the Lieutenant Governor respectively.
Test yourself
Q1.Under Section 40 of The Government of National Capital Territory of Delhi Act, 1991, what event must occur before a general election can be held to constitute the Legislative Assembly?
Q2.Under Section 40 of The Government of National Capital Territory of Delhi Act, 1991, who is authorized to call upon constituencies to elect members?
Q3.Under Section 40 of The Government of National Capital Territory of Delhi Act, 1991, how are the references to "State Government" in the Representation of the People Act, 1951, to be interpreted for Delhi's elections?
Q4.Under Section 40 of The Government of National Capital Territory of Delhi Act, 1991, which two primary national laws are applied with modifications to govern Delhi's elections?