Peoples act – 1951

 

8. Disqualification on conviction for certain offenses.

8A. Disqualification on ground of corrupt practices.

9. Disqualification for dismissal for corruption or disloyalty.

9A. Disqualification for Government contracts, etc.

10. Disqualification for office under Government company.

10A. Disqualification for failure to lodge account of election expenses.

11. Removal or reduction of period of disqualification.

11A. Disqualification arising out of conviction and corrupt practices.

11B. Removal of disqualifications

4[3. Qualification for membership of the Council of States.—A person shall not be qualified to be chosen as a representative of any State 5* * * or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 6[in India].]

4. Qualifications for membership of the House of the People.—A person shall not be qualified to be chosen to fill a seat in the House of the People 7* * *, unless—

(a) in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency;

(b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the

autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency;

(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district;

8* * *

9[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of 10[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency of that Union territory; 11* * *]

12[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim;]

(d) in the case of any other seat, he is an elector for any Parliamentary constituency.

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1. Sub-sections (5) and (7) omitted and sub-section (6) renumbered as sub-section (5) by Act 27 of 1956, s. 3.

2. Subs. by Act 47 of 1966, s. 15, for sub-section (5).

3. Subs. by s. 16, ibid., for the previous heading (w.e.f. 14-12-1966).

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for s. 3.

5. Certain words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).

6. Subs. by Act 40 of 2003, s. 2.

7. Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).

8. The word “and” omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-1966).

9. Ins. by s. 18, ibid. (w.e.f. 14-12-1966).

10. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974 (w.e.f. 1-11-1973).

11. The word “and” omitted by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

12. Ins. by s. 2 and Sch., ibid. (w.e.f. 9-9-1975).

Representation of the People Act, 1951 (PART II. —Acts of Parliament) 66

CHAPTER II. —Qualifications for Membership of State Legislatures

 5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless—

(a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State; (b) in the case of a seat reserved for an autonomous district of Assam, 1* * * he is a member of a 2[Scheduled

Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and

(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:

3[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]

4[5A. Qualifications for membership of Legislative Assembly of Sikkim. —5[(1)] Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless —

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or

Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;

(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and

(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]

6[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless—

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or

Lepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State;

(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and

(d) in the case of any other seat, he is an elector for any assembly constituency in the State.

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1. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).

2. Subs. by Act 47 of 1966, s. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966).

3. Ins. by Act 27 of 1962, s. 11.

4. Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

5. S. 5A renumbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).

6. Ins. by s..3, ibid. (w.e.f. 1-9-1979).

Representation of the People Act, 1951

(PART II.—Acts of Parliament)

67 Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

 

6. Qualification for membership of a Legislative Council.—(1) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency

in that State.

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor 1* * * unless he is ordinarily resident in the State.

2[CHAPTER III. —Disqualifications for membership of Parliament and State Legislatures

 

7. Definition.—In this Chapter,—

(a) “appropriate Government” means in relation to any disqualification for being chosen as or for being a

member of either House of Parliament, the Central Government, and in relation to any disqualification for

being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government;

(b) “disqualified” means disqualified for being chosen as, and for being, a member of either House of

Parliament or of the Legislative Assembly or Legislative Council of a State.

 

8. Disqualification on conviction for certain offences. —3[(1) A person convicted of an offence punishable under— (a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section

498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (45 of 1860); or

(b) the Protection of Civil Rights Act, 1955 (22 of 1955) which provides for punishment for the preaching

and practice of “untouchability”, and for the enforcement of any disability arising therefrom; or

(c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962);

or

(d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or

(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or

(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

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1. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by Act 47 of 1966, s. 20, for Chapter III (w.e.f. 14-12-1966). Previous Chapter IV (ss. 10 and 11) was rep. by Act 103 of 1956, s. 66.

3. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989).

 

Representation of the People Act, 1951

(PART II.—Acts of Parliament) 68

(h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of

Misuse) Act, 1988 (41 of 1988); or

(i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act; 1[or]

1[(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991;] 2[or]

3[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971),] 4 [; or]

4[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or

(n) the Prevention of Terrorism Act, 2002 (15 of 2002),]

5[shall be disqualified, where the convicted person is sentenced to—

(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

(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 (28 of 1961);6***

6* * * * *

(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.]

7[(4)] Notwithstanding anything 8[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

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_

1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 18-9-1991).

2. Added by Act 21 of 1996, s. 3 (w.e.f.1-8-1996).

3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996).

4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003).

5. Subs. by s. 2, ibid. (w.e.f. 7-1-2003).

6. Cl. (d) omitted by s. 2, ibid. (w.e.f. 7-1-2003).

7. Sub-section (3) renumbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989).

8. Subs. by s. 4, ibid., for certain words (w.e.f.15-3-1989).

 

Representation of the People Act, 1951

(PART II.—Acts of Parliament)

Explanation. —In this section, — 69

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

(i) the regulation of production or manufacture of any essential commodity;

(ii) the control of price at which any essential commodity may be bought or sold;

(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;

(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;

(b) “drug” has the meaning assigned to it in the Durgs and Cosmetics Act, 1940 (23 of 1940);

(c) “essential commodity” has the meaning assigned to it in the Essential Commodity Act, 1955 (10 of 1955);

(d) “food” has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954).

1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order 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 this 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 for 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 him under section 99 takes effect.

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under subsection

(2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

 

9. 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 purposes 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 the 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.

 

9A. 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 works undertaken by, that Government.

 

Explanation.—For the purposes 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.

 

10. 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 cooperative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share.

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1. Subs. by Act 40 of 1975, s. 2, for s. 8A.

Representation of the People Act, 1951

(PART II.—Acts of Parliament)

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

70 (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure,

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

 

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

CHAPTER IV.—Disqualifications for Voting

 

11A. Disqualification arising out of conviction and corrupt practices.—

2[(1)] If any person, after the commencement of this Act,—

3* * * is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 860), 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 conviction or from the date on which the order takes effect, be isqualified for voting at any election.

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

(3) The decision of the President on a petition submitted by any person under sub-section (2) of section

8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]

 11B. Removal of Disqualifications.—The Election Commission may, for reasons to be recorded, remove 7[any disqualification under sub-section (1) of section 11A].]

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