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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Debarring Criminals 1

Debarring Criminals 1

Chapter:
(p.177) 22 Debarring Criminals1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0088

The Chief Election Commissioner, Mr G V G Krishnamurthy, issued a directive on 28 August 1997 to reject nomination papers of candidates who fell within the ambit of Section 8(1) and (2) of the Representation of the People Act, 1951. These disqualify a person from contesting on election if he is convicted of any of the major offences listed there. Sub-section(I) disqualifies a person convicted of an offence, that is not on the list, and for which he was sentenced to imprisonment for not less than 2 years. As per these sub-sections disqualification is incurred from the date of conviction. In case of a sitting member of parliament or legislature, as per sub-section (4), the disqualification does not take effect until the expiry of 3 months from that date, or an appeal or revision against the conviction or the sentence is disposed of by the Court, whichever is earlier. Unfortunately, the latitude given to sitting members has been extended to candidates thus distorting the law in practice.

Keywords:   G V G Krishnamurthy, nomination papers, Representation of the People Act, 1951, major offences, disqualification

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