Representation of People's Act 1951 :
Section 8 :
Section 8 deals with Disqualification of representatives on conviction for certain offences. It states that:
-
Section 8 (1): A person convicted of an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002, etc. shall be disqualified, where the convicted person is sentenced to
-
In case of only fine – for a period of six years from the date of such conviction;
-
In case of imprisonment – from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
-
Section 8 (2): A person convicted for the contravention of—(a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961.
-
Section 8 (3): A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
Section 11 of Representation of People's Act :
-
Section 11 deals with the removal or reduction of the period of disqualification.
-
The Election Commission may, for reasons to be recorded, remove any disqualification or reduce the period of any such disqualification.
-
It is an extraordinary power vested with the ECI, with the understanding that socio-economic-political factors may, in certain peculiar circumstances, warrant that the general disqualification prescribed by statutory rule can be removed/reduced.
|