There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss.
Main Body
Recent cases of courts staying disqualification of MPs from Kerala, Indiacherly and an NIA from Kerala highlights the need to solve ambiguity disqualification provision in section 8. Grounds of disqualification - Section 8 provides for various grounds like 8(1) provides for offices in which conviction disqualification is for even one day & daily act cussal harassment laws rape law etc. - Section 8(2) provides for ground under laws for disqualification when convicted for 6 months - Section 8(3) provides conviction of 2 years & more - Subsequent sections in chapter - III provides other grounds
Section 8(4) was struck down by Supreme Court in Lily Thomas case which provide for press & appeal in courts on ground that contribution provides for seat vacancy immediately if disqualified lead along with Article 102(1)c
Conclusion
Hence, there is a need to solve the various ambiguities like i streamline various grounds under Section 3 and subsequent sections in chapter-3 ii provide for mechanism to appeal in courts iii remove ambiguity in laws like punishment ranging from 6months to 2years (in defaration) iv create disqualification tribunal. In this context recent amendments to IPC, APC, evidence act through new bills placed by Home Ministry is step in right direction
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Shoham Teberiwal
Salient Features of the Representation of People's Act
Corrupt Practices
Corrupt Practices
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