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EXTRACTS FROM THE REPRESENTATION OF PEOPLE ACT, 1951

1. Disqualification for Membership of Parliament and State Legislatures
2. DISQUALIFICATIONS FOR VOTING

CHAPTER III
Disqualification for Membership of Parliament and State Legislatures

 

Disqualifications for Membership of Parliament and State Legislatures

  1. Definition-In this Chapter—
  1. Disqualification on conviction for certain offences—(1)A person convicted of an offence punishable under—

Explanation-In this section—

(a) “law providing for the prevention of the hoarding or profiteering” means any law, or any order, rule or notification having the force of law, providing for—

 

 

8-A. Disqualification on ground of corrupt practices—(1) The case of every person from guilty of a corrupt practice by an orders under Section 99 shall be submitted, as soon as may be after such order takes, effect, by such authority as the Central Government may specify in the behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period :

Provided that the period of which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to under Section 99 takes effect.

  1. Disqualification for dismissal for corruption or disloyalty—(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

(2) For the purpose of sub-section (1) a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact :

Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.

9-A.   Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any work undertaken by, the Government.

Explanation- For the purpose of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

  1. Disqualification for office under Government company—A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty-five per cent share.

 

10-A.   Disqualification for failure to lodge account of election expenses-If the Election Commission is satisfied that a person—

The Election Commission shall, by order published in the Official Gazette, declared him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

  1. Removal or reduction of period of disqualification—The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter (except under Section 8-A) or reduce the period of any such disqualification.

CHAPTER IV
DISQUALIFICATIONS FOR VOTING

 

*** is convicted of an offence punishable under Section 171-E or Section 171-F of the Indian Penal Code (45 of 1860), or under Section 125 or Section 135 or Clause (a) of sub-section (2) of Section 136 of this Act. ***

he shall, for a period of six years from the date of the convictions or from the date on which the order takes effect, be disqualified for voting at any election.

(2) Any person disqualified by a decision of the President under sub-section (1) of Section 8-A for any period shall be disqualified for the same period for voting at any election.

 

11-B. Removal of disqualification—The Election Commission may, for reasons to be recorded, remove. [ any disqualification under sub-section (1) of Section 11-A) ].