Section 8A of Disqualification on ground of corrupt practices - Representation
of the People Act, 1951
What is Disqualification on ground of corrupt practices? Section 8A of
Representation of the People Act, 1951
Section 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.