AAP Tax Law legal information

Representation of the People Act, 1951 • Part III

Section 12A: Notification for Election to Sikkim's Seat in the Council of States

Section 12A is a special, transitional provision concerning the first election to the Council of States (Rajya Sabha) seat allotted to Sikkim following the Constitution (Thirty-sixth Amendment) Act, 1975. It is not the ordinary procedure for every subsequent Rajya Sabha election in Sikkim.

Section 12A - Statutory text

For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intents be deemed to have been held under section 12.

Meaning and legal scope of Section 12A

Council of States means the Rajya Sabha, the upper House of Parliament. The elected members of the Legislative Assembly are the electoral college for the relevant Council of States election; the general public does not directly elect Rajya Sabha members.

The Constitution (Thirty-sixth Amendment) Act, 1975 made Sikkim a State of India and provided its representation in Parliament. Section 12A supplied a specific statutory mechanism to initiate the election for Sikkim's newly allotted Rajya Sabha seat for the first time.

The provision requires a notification in the Gazette of India by the President, on a date recommended by the Election Commission, calling upon the elected members of the Sikkim Legislative Assembly to elect a member. The election is conducted under the Representation of the People Act, 1951 and the applicable rules and orders.

Relationship with Section 12 and the election process

Section 12 provides for notifications concerning biennial elections to the Council of States. Section 12A expressly deems the special first election for Sikkim to have been held under Section 12 for all purposes and intents. It therefore connects the one-time transitional election to the ordinary statutory election framework.

  1. The Election Commission recommends a date for issuing the notification.
  2. The President issues the notification in the Gazette of India.
  3. The elected members of Sikkim's Legislative Assembly are called upon to elect a Rajya Sabha member.
  4. Applicable election rules and orders govern the remaining stages, including nominations, scrutiny, withdrawal and polling where necessary.

For subsequent Rajya Sabha elections, the generally applicable election provisions, including Section 12 where relevant, should be consulted instead of treating Section 12A as a recurring notification requirement.

Section 13 - Repealed provision

Section 13, formerly headed Notification for reconstitution of electoral colleges for certain Union territories, was repealed by Section 66 of the Territorial Councils Act, 1956 (103 of 1956). It is retained here as a historical cross-reference, not as an operative election procedure.

Official legislation and election resources

This article explains the legislative provision and its historical operation. For a particular election or legal proceeding, refer to the applicable Gazette notification, current statutory text and Election Commission directions.