GS Question

Under the Representation of People Act, 1951, a people's representative can be disqualified on the following grounds:

1. Disqualification for corrupt practices: If the representative is found guilty of indulging in any corrupt practices like bribery, coercion, or undue influence during the election process, they can be disqualified.

2. Disqualification for electoral offences: If the representative is convicted of electoral offenses such as impersonation, tampering with ballot papers, or illegal practices in connection with elections, they can be disqualified.

3. Disqualification for undue influence or agency: If the representative has been found guilty of exerting undue influence over voters or acting as an agent to influence voting on grounds of religion, race, caste, community, or language, they can be disqualified.

4. Disqualification for conviction of certain offenses: If the representative has been convicted and sentenced to imprisonment for offenses such as promoting enmity between different groups, promoting religious hatred, or participating in communal violence, they can be disqualified.

5. Disqualification for holding an office of profit: If the representative holds an office of profit under the government, except for specific offices exempted by law, they can be disqualified.

Remedies available to a person against disqualification:

1. Election petition: The representative can file an election petition challenging the disqualification before the High Court. The court can declare the election void if the disqualification is proven.

2. Appeal to the Supreme Court: If the High Court holds the disqualification valid, the representative can appeal to the Supreme Court. The Supreme Court can either uphold the disqualification or set it aside.

It is important to note that the remedies mentioned above are only available if the representative's disqualification is challenged through proper legal channels.