Section 42: Revocation of Appointment or Death of an Election Agent
Section 42 of the Representation of the People Act, 1951 explains how a candidate may revoke an election agent's appointment, when that revocation takes effect, and how a replacement can be appointed if the agent dies or the appointment is revoked.
What does Section 42 provide?
Section 42(1): Revocation by the candidate
Any revocation of the appointment of an election agent must be signed by the candidate. It takes effect from the date on which the revocation is lodged with the returning officer. A private decision to remove the agent, without lodging the signed revocation, does not satisfy this statutory procedure.
Section 42(2): Death, revocation and replacement
If the appointment is revoked, or the election agent dies, the candidate may appoint another person as election agent in the prescribed manner. This applies if the event occurs before or during the election, or after the election but before the candidate's election-expense account has been lodged under Section 78.
Notice of the replacement appointment must be given to the returning officer in the prescribed manner. The replacement must satisfy the applicable eligibility requirements, including Section 41.
Procedure for replacing an election agent
- The candidate signs a written revocation if the existing agent is being removed.
- The signed revocation is lodged with the returning officer; the lodging date determines when it operates.
- Where the agent has died or the appointment has been revoked, the candidate selects an eligible replacement.
- The replacement is appointed, and notice is submitted to the returning officer, in accordance with the Conduct of Elections Rules, 1961, including the prescribed appointment and revocation forms.
Important distinction: Section 42 permits replacement of an election agent, but it does not itself prescribe every formality or form. The relevant election rules and Election Commission instructions should also be checked.
Related legal provisions
Representation of the People Act, 1951: Section 40 governs appointment of an election agent; Section 41 concerns disqualification; Section 42 deals with revocation, death and replacement; and Section 78 governs lodging of election-expense accounts.
Official legal resources
For the authoritative statutory text, rules and current instructions, consult the India Code, the Legislative Department and the Election Commission of India.
Frequently asked questions
Can an election agent be removed during an election?
Yes. The candidate may revoke the appointment, subject to the signed revocation being lodged with the returning officer under Section 42(1).
Can an agent be replaced after polling?
Section 42(2) permits a replacement after the election where the previous agent dies or is removed, provided the candidate's election-expense account has not yet been lodged under Section 78.
When does revocation become effective?
On the date the candidate's signed revocation is lodged with the returning officer.