Representation of the People Act, 1951 | Chapter III
Section 53: Procedure in Contested and Uncontested Elections
Section 53 of the Representation of the People Act, 1951 specifies when a poll must be held, when candidates are declared elected without a poll, and what happens when there are fewer contesting candidates than seats to be filled.
Meaning and scope of Section 53
The key comparison is between the number of contesting candidates and the number of seats to be filled. A contesting candidate is a candidate who remains in the contest after scrutiny of nominations and the period for withdrawal of candidature. The returning officer applies Section 53 at the relevant stage of the election, subject to the Act and applicable election rules.
Section 53(1): Contested election - poll required
Where the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken. For example, if three candidates contest one seat, voters must choose through the prescribed polling process. The returning officer cannot declare a candidate elected without polling merely because a candidate is considered likely to win.
Section 53(2): Uncontested election - candidates declared elected
Where the number of contesting candidates is equal to the number of seats to be filled, the returning officer must forthwith declare all those candidates duly elected to fill the seats. No poll is required because there is no competition for the available seats.
Section 53(3): Fewer candidates than seats
If the number of contesting candidates is less than the number of seats to be filled, the returning officer must forthwith declare all such candidates elected. The Election Commission must then, by notification in the Official Gazette, call upon the relevant constituency, elected members, members of the State Legislative Assembly, or members of the electoral college, as applicable, to elect a person or persons to fill the remaining seat or seats.
Proviso to Section 53(3): If the relevant constituency or body has already been called upon under this subsection but failed to elect the required person or persons, the Election Commission is not bound to issue another call until it is satisfied that another attempt will not result in the same failure.
How the three situations differ
| Contesting candidates | Legal consequence |
|---|---|
| More than available seats | Poll must be held under Section 53(1). |
| Equal to available seats | All are declared elected without a poll under Section 53(2). |
| Fewer than available seats | All are declared elected; further election process is initiated for the remaining seats under Section 53(3). |
Related election provisions
Section 36 governs scrutiny of nominations, Section 37 concerns withdrawal of candidature, and Section 38 concerns publication of the list of contesting candidates. Section 52 deals with the death of a candidate set up by a recognised political party before the poll. These provisions help determine the final number of candidates to which Section 53 applies.
Frequently asked questions
Is voting required when only one candidate contests one seat?
No. If there is one contesting candidate for one seat, Section 53(2) requires the returning officer to declare that candidate duly elected.
What if no candidate remains for a seat?
Section 53(3) addresses a shortfall in contesting candidates and requires the Election Commission to initiate the prescribed process to fill the unfilled seat or seats, subject to its proviso.
Can an uncontested election still be challenged?
Declaration without a poll does not, by itself, prevent an election from being questioned through an election petition on grounds permitted by the Act. The statutory procedures and limitation requirements apply.
Official legal resources
- India Code - Central Acts, including the Representation of the People Act, 1951
- Election Commission of India - election instructions and notifications
- Legislative Department, Ministry of Law and Justice
This article explains the statutory procedure. For an individual election, refer to the applicable current law, rules, Election Commission directions and notifications.