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On what grounds a people’s representative can be disqualified under the representation of people act, 1951? Also, mention the remedies available to such a person against his disqualification.

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The Representation of the People Act, 1951, lays down the grounds on which a people's representative (Member of Parliament or a State Legislature) can be disqualified. It also provides remedies for those who have been disqualified. Below are the grounds for disqualification and the remedies available:

Grounds for Disqualification under the Representation of the People Act, 1951

  1. Disqualification on Conviction for Certain Offenses:

    • Section 8: A representative can be disqualified if convicted of certain offenses such as corruption, terrorism, or any other offense punishable with imprisonment for two years or more.
    • Specific Offenses Include:
      • Offenses under laws related to the security of the state (e.g., Unlawful Activities Prevention Act).
      • Offenses related to election fraud and malpractice.
      • Other offenses that undermine the integrity of public officials.
    • Duration: Disqualification lasts for the period of imprisonment and an additional six years after release.

  2. Disqualification on Ground of Corrupt Practices:

    • Section 8A: Engaging in corrupt practices during elections, as determined by a competent court or an election tribunal, can lead to disqualification.
    • Examples: Bribery, undue influence, appealing to voters on the basis of religion, and booth capturing.

  3. Disqualification for Dismissal for Corruption or Disloyalty:

    • Section 9: A person dismissed from government service for corruption or disloyalty to the state can be disqualified for five years from the date of dismissal.

  4. Disqualification for Failure to Lodge Account of Election Expenses:

    • Section 10A: Failure to submit a true and correct account of election expenses within the prescribed time limit can lead to disqualification for three years.

  5. Disqualification for Office of Profit:

    • Article 102(1)(a) of the Constitution: Holding an office of profit under the government other than an office declared by Parliament by law not to disqualify its holder can lead to disqualification.
    • Section 9A: Deals specifically with disqualification for holding an office of profit.

  6. Disqualification on Ground of Defection:

    • Tenth Schedule (Anti-Defection Law): A member can be disqualified if they voluntarily give up membership of their party or vote/abstain from voting contrary to the party’s directive without prior permission.

  7. Disqualification for Being of Unsound Mind or Insolvent:

    • Article 102(1)(b) and (c) of the Constitution: Being of unsound mind, as declared by a competent court, or being an undischarged insolvent, can lead to disqualification.

  8. Disqualification for Being Underage:

    • Article 102(1)(d) and 173: A person must be at least 25 years old to contest for the Lok Sabha and Legislative Assemblies, and 30 years old for the Rajya Sabha and Legislative Councils.

Remedies Available Against Disqualification

  1. Judicial Review:

    • Challenge in Court:
      • A disqualified representative can challenge the disqualification order in a High Court under Article 226 of the Constitution or appeal to the Supreme Court under Article 136.
    • Grounds for Challenge:
      • Incorrect application of law, procedural irregularities, or errors in findings of fact by the authority disqualifying the member.

  2. Election Petition:

    • Filing an Election Petition:
      • If the disqualification is related to election malpractices or corrupt practices, the affected individual can file an election petition before the High Court.
    • Section 80 and 81 of the Representation of the People Act: Provide the procedure for filing election petitions, challenging the election of the representative rather than directly the disqualification.

  3. Review by the President or Governor:

    • In Case of Office of Profit or Unsound Mind:
      • The President (in the case of MPs) or the Governor (in the case of state legislators), on the advice of the Election Commission, can be approached for a review of the disqualification decision.

  4. Application for Reinstatement:

    • Post-Conviction and Release:
      • A disqualified individual due to conviction can seek reinstatement after the disqualification period lapses (six years post-release from imprisonment) by demonstrating rehabilitation and fitness for public office.

  5. Appeal Against Conviction:

    • Legal Appeal:
      • If disqualified due to a criminal conviction, the representative can appeal the conviction in a higher court. A stay or reversal of the conviction can nullify the disqualification.

Conclusion

The Representation of the People Act, 1951, provides a comprehensive framework for disqualifying elected representatives on various grounds to ensure the integrity and accountability of public officials. However, it also provides mechanisms for those disqualified to seek remedies through judicial review, election petitions, and appeals. These provisions balance the need to uphold ethical standards in public office with the rights of individuals to contest and hold office.

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