There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss.

Section 8 of RPA 1951 provides criteria for DISQUALIFICATION of candidates in interest of upholding FREE and FAIR election as FULCRUM of FUNCTIONAL democracy. Despite Section 8 of RPA, 54/I of elected representative have serious cases pending against them ADF. THERE IS NO SPECIFIC AMBIGUITY: Period of disqualification is given in the section & ex: For punishment under Prevention of CIVIL right Act it is 4 year disqualification. In THOMAS case, Supreme Court held distinction b/w elected MLA & MP ultra vires leading to removal of ambiguity. Disqualification arises from day of CONVICTION as per from RAHUL gandhi care.

Distinct timeline of TIME disqualification under section 8: ex: for contract of government there is different timeline while 2 years for CONVICTION of punishment. Section 10 provides Power to ECI for changing period of disqualification ex: Sikkim CM-fodder item case. Leading to loopholes and misuse. Amendment for holistic uplation ex: ARC II 6w including non filing of electoral expense. Role of MCC legislation to reduce ambiguity.