REPRESENTATION OF PEOPLES ACT 1951

REPRESENTATION OF PEOPLES ACT 1951

REPRESENTATION OF PEOPLES ACT 1951 Conduct of elections to Lok Sabha & State Legislatures,
Qualifications, Disqualifications, Corrupt Practices,
Decision of doubts & disputes

QUALIFICATIONS

• Qualification for membership of the Council of States
  – Elector for a Parliamentary constituency (since 2003)
• Qualifications for membership of the House of the People
  -Elector for a Parliamentary constituency
  -SC/ST – member of any of the Scheduled Castes/Tribes
• Qualification for membership of the Legislative Council
  – Elector for an Assembly constituency in the state.
  – Ordinary resident in the state (For Governor’s nomination)
• Qualifications for membership of the Assembly
  – Elector for an Assembly constituency in the state.
  – SC/ST – member of any of the Scheduled Castes/Tribes of
  that state.

DISQUALIFICATIONS BY RPA 1951

• Sec 8 – on conviction for certain offences
• Sec 8A – on ground of corrupt practices
• Sec 9 – for dismissal for corruption or disloyalty
• Sec 9A – for holding Government contracts
• Sec 10 – for office under Government company
• Sec 10A – for failure to lodge account of election expenses

Disqualification under Section 8

Section	Conviction	Jail term	Disqualification period
8(1)	Yes	N/A	Jail term + 6 years
8(2)	Yes	At least 6 months	Jail term + 6 years
8(3)	Yes	At least 2 years	Jail term + 6 years

Laws under Section 8(1)

• Various sections of IPC (153A, 171E, 171F, 376, 376A,
  376B, 376C, 376D, 498, 505)
• Unlawful Activities (Prevention) Act, 1967
• Protection of Civil Rights Act, 1955
• Narcotic Drugs and Psychotropic Substances Act, 1985
• Prevention of Corruption Act, 1988
• Commission of Sati (Prevention) Act, 1987
• Sec 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)
• Sec 171E (offence of bribery)
• Sec171F (offence of undue influence or personation at an election)
• Sec 376/376A/376B/376C/376D (offences relating to rape)
• Sec 498A (offence of cruelty towards a woman by husband or relative
  of a husband)
• Sec 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, 1860

Laws under Section 8(2)

• Drugs & Cosmetics Act 1940
• Essential Commodities Act 1955
• Prevention of Food Adulteration Act 1954
• Dowry Prohibition Act, 1961

Laws under Section 8(3)

• All offences other than any offence
  referred to in Sec 8(1) & 8(2)

Lily Thomas’2013

• Sec 8(4): A disqualification under Sec 8(1), (2)
  and (3) (in case of sitting legislators) shall not
  take effect until three months from the date of
  conviction or, if within that period the order is
  appealed against in a higher court.
• This provision was struck down in 2013 by
  the SC.
• The Court held that if any sitting member of
  Parliament or State Legislature is convicted of
  any offence under sub-section (1), (2), and (3)
  of Section 8, RPA, then “by virtue of such
  conviction and/or sentence” they will be
  disqualified.

Sec 8A – Disqualification on ground of corrupt practices

Every person found guilty of a corrupt practice shall be
disqualified for a period not exceeding 6 years

Corrupt Practices: Definition

• Bribery
• Undue Influence
• Appeal on Grounds of Religion, Race, Caste, Community, or
  Language
• Promotion of Enmity
• Glorification of Sati
• False Statements
• Hiring or Procuring Vehicles for Voters
• Excessive Election Expenditure
• Illegal Assistance from Government Officials
• Booth Capturing

Sec 9 – Disqualification for dismissal for corruption or disloyalty

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

Sec 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.

Sec 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 25% share

Sec 10A – Disqualification for failure to lodge account of election expenses

If the Election Commission is satisfied that a person—
(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.

Sec 11 – Removal or reduction of period of disqualification

The Election Commission may, for reasons to be recorded,
remove any disqualification or reduce the period of any
such disqualification.

Disputes arising out of elections

• Approach HC (within 45 days)
• Appeal – SC

Other Provisions

Maximum number of constituencies from which one can
contest – 2
In case of a casual vacancy – a bye-election should be held
within 6 months.

Conduct of Election (Sec 30)

• Announcement
• Notification
• Nomination
• Scrutiny of nomination
• Withdrawal of candidature
• Beginning of Polling
• End of voting
• Declaration of results

Steps to ensure fairness in election duty by officers on Election duty

• Appointment of Observers (power to stop
  counting/declaration of result in case of malpractice)
• All officers involved in election are under control,
  superintendence and discipline of the Election
  Commission.

MODEL CODE OF CONDUCT

• Origin – Assembly elections of Kerala in 1960 & was
  formally issued in 1974 by EC
• Definition – It is a set of guidelines laid down by the
  Election Commission to govern the conduct of political
  parties and candidates in the run-up to an election.
• Purpose – Provide a level playing field for all political
  parties, to keep the campaign fair and healthy, avoid
  clashes and conflicts between parties, and ensure peace
  and order.
• The MCC is not enforceable by law.

Provisions

• Part I: General Conduct:
  -Deals with general process of good behaviour expected
  from candidates.
• Part II: Meetings:
  -Proper permission, no disruption to public.
• Part III: Processions:
  -Comply with traffic rules, don’t block traffic etc.
• Part IV: Polling Day:
  -No liquor or food distribution etc
• Part V: Polling Booth:
  -Entry only for voters, authorised officials
• Part VI: Observers:
  -Authorised officials to take up complaints for violation of MCC
• Part VII: Party in power:
  -Don’t misuse position, no use of public money for
  campaigning, no launching of new schemes, programmes etc.
• Part VIII: Guidelines on Election Manifesto:
  -Should be aligned to the Constitution, be feasible and
  transparent etc