NOTIFICATION OF GENERAL ELECTIONSCentral

Section 16 of The Representation of the People Act, 1951 in hindi

1[16. Notification for biennial election to a State Legislative Council.--For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor 2*** shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.]

Summary

This section deals with biennial elections, which happen every two years to fill seats of retiring members in a State Legislative Council.
The Governor is responsible for issuing the notifications for these regular elections.
The Governor must follow the dates recommended by the Election Commission.
The election involves both the members of the state assembly and the relevant council constituencies.
The official notice must be published in the state government journal.
To prevent calling elections too early, the notice cannot be issued more than three months before the members are scheduled to retire.

Practical examples

1In the state of Sunflower, one third of the Legislative Council members are retiring on July 1. On April 15, the Governor, following the Election Commission's advice, issues a notice in the state Gazette to elect their successors.

2A biennial election is due in January. The state government realizes they cannot issue the official notification in August because that would be more than three months before the seats actually become vacant. They wait until October to publish the notice.

FAQ

1. What is the purpose of a notification under Section 16 of the Representation of the People Act, 1951?

The purpose of a notification under Section 16 of the Representation of the People Act, 1951 is to fill seats of members of the State Legislative Council who are retiring because their term of office has ended.

2. How much lead time is allowed for a biennial election notice under Section 16 of the 1951 Act?

Under Section 16 of the Representation of the People Act, 1951, the notification cannot be issued more than three months before the retiring members' terms expire.

3. Who recommends the dates for the biennial elections mentioned in Section 16 of the 1951 Act?

According to Section 16 of the Representation of the People Act, 1951, the Election Commission recommends the dates for the notification.

Test yourself

Q1.Comparing Section 15 and Section 16 of the 1951 Act, what is the lead time for a biennial election notice versus a general assembly notice?

Q2.Who issues the notification for biennial Council elections under Section 16 of the 1951 Act?

Q3.Under Section 16 of the Representation of the People Act, 1951, who is called to vote for the retiring seats?

Q4.Where must the Governor publish the notification under Section 16 of the 1951 Act?

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