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Question #11

On what grounds a people's representative can be disqualified under the Representation of People Act, 1951? Also mention the remedies available to such person against his disqualification.

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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.

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Grounds for Disqualification of a People's Representative under the Representation of People Act, 1951:

The Representation of the People Act, 1951 (RPA) lays down various grounds on which a person can be disqualified from being a member of Parliament or a State Legislative Assembly. These grounds can be broadly classified as:

1. Constitutional Disqualifications:

  • Holding an office of profit under the Government of India or a State: A person holding such an office, except for a few specific exceptions, is disqualified.
  • Unsound mind or being declared bankrupt: A person declared as of unsound mind by a court of competent jurisdiction, or who is an undischarged insolvent, is disqualified.
  • Citizenship: A person who is not a citizen of India, or who is a citizen of another country, is disqualified.
  • Disqualification due to conviction: A person convicted of certain offenses (like bribery, corrupt practices, etc.) is disqualified for a specified period.

2. Disqualifications under the RPA 1951:

  • Corrupt practices: Engaging in activities like bribery, undue influence, or impersonation during elections.
  • Illegal expenses: Exceeding the prescribed expenditure limit during an election campaign.
  • False statements and declarations: Making false statements or declarations in election nomination papers.
  • Discrimination based on religion, race, caste, sex, place of birth, etc.: Promoting any such discrimination during an election campaign.
  • Disqualification by Election Commission: The Election Commission can disqualify a person for a specified period if found guilty of violating the model code of conduct or other electoral laws.

3. Other Disqualifications:

  • Holding certain offices: A person holding certain offices, such as a government servant, a member of the armed forces, or a member of the judiciary, is disqualified.
  • Disqualification on grounds of absence: A member of Parliament or a State Legislative Assembly can be disqualified if they are absent without permission for a specified period.

Remedies Available to a Disqualified Person:

A person who has been disqualified can challenge the disqualification order in the following ways:

  • Appeal to the High Court: The disqualified person can appeal to the High Court against the order of disqualification passed by the Election Commission or other competent authority.
  • Appeal to the Supreme Court: An appeal can be filed in the Supreme Court against the decision of the High Court.
  • Writ Petition: The disqualified person can file a writ petition in the High Court or the Supreme Court seeking relief against the disqualification.
  • Political Action: The person can also approach their political party or initiate legal proceedings against the authority responsible for the disqualification.

It's important to note that the remedies available may vary depending on the specific grounds for disqualification and the applicable law.

For specific information about your particular situation, it is always recommended to consult with a legal professional.

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

  1. Holding an Office of Profit: If a person holds an office of profit under the Government of India or the Government of a State, other than an office declared by the Parliament by law not to disqualify its holder, they can be disqualified.
  2. Criminal Convictions: If a person is convicted of certain criminal offenses, such as those related to corruption, bribery, or promoting enmity between different groups, they can be disqualified.
  3. Insolvency: If a person is declared insolvent by a competent court, they can be disqualified.
  4. Unsound Mind: If a person is of unsound mind and stands so declared by a competent court, they can be disqualified.
  5. Disloyalty or Disaffection: If a person is found to have shown disloyalty or disaffection towards the Constitution of India or the Government of India, they can be disqualified.
  6. Corrupt Practices: If a person is found guilty of corrupt practices, such as bribery, undue influence, or personation, during an election, they can be disqualified.
  7. Failure to File Election Expenses: If a person fails to file their election expenses within the time limit prescribed by law, they can be disqualified.
  8. Not a Citizen of India: If a person is not a citizen of India, they can be disqualified.

Remedies available to a person against their disqualification:

  1. Appeal to the High Court: A person can appeal to the High Court against their disqualification within 30 days of the date of the order of disqualification.
  2. Special Leave Petition to the Supreme Court: If the High Court's decision is not in favor of the person, they can file a Special Leave Petition to the Supreme Court against the High Court's order.
  3. Election Tribunal: In case of an election dispute, a person can approach the Election Tribunal, which is a quasi-judicial body, to challenge their disqualification.
  4. Revision Petition: A person can file a revision petition to the High Court or the Supreme Court against the order of the Election Tribunal.

It is important to note that these remedies are subject to the provisions of the Representation of People Act, 1951, and the Constitution of India, and are governed by the rules and procedures laid down therein.