Section 9 of the Representation of the People Act, 1951: Disqualification for Dismissal for Corruption or Disloyalty
Section 9 of the Representation of the People Act, 1951 prescribes a five-year electoral disqualification for a person dismissed from government office for corruption or disloyalty to the State. It also provides for a certificate from the Election Commission of India and safeguards the affected person's right to be heard.
Section 9 - Statutory provision
Section 9(1). 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.
Section 9(2). For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of the fact:
Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.
Meaning and scope of Section 9
The provision applies to a person who previously held an office under the Central Government or a State Government and was dismissed for corruption or disloyalty to the State. The statutory ground of dismissal matters: the section does not declare that every termination, resignation, retirement or dismissal for unrelated misconduct automatically produces this disqualification.
Five-year period
The disqualification runs for five years from the date of dismissal, not from the date of the election or the issuance of a certificate. Whether Section 9 applies in an individual case depends on the legally relevant dismissal and the statutory requirements.
Election Commission certificate
Under Section 9(2), the Election Commission may issue a certificate stating whether a former government office-holder has or has not been dismissed for corruption or disloyalty to the State. For the purpose of Section 9(1), the certificate is conclusive proof of that fact. Before issuing an adverse certificate, the Commission must give the person concerned an opportunity of being heard.
Practical application to election nominations
Section 9 forms part of Part II, Chapter III of the Act, dealing with disqualifications for membership of Parliament and State Legislatures. When assessing eligibility, the nature and date of dismissal, its stated grounds, and any relevant Election Commission certificate should be examined. The separate grounds of disqualification under Section 8 (criminal conviction), Section 8A (corrupt practices) and Section 9A (government contracts) must not be confused with Section 9.
Frequently asked questions
Does any dismissal from government service result in disqualification?
No. Section 9 specifically concerns dismissal for corruption or disloyalty to the State, subject to the statutory conditions.
How long does the disqualification last?
Five years from the date of the qualifying dismissal.
Is a hearing required before an adverse Election Commission certificate?
Yes. The proviso to Section 9(2) expressly requires an opportunity of being heard before a certificate stating dismissal for corruption or disloyalty is issued.
Official legal resources
Consult the India Code portal for the Representation of the People Act, 1951, the Election Commission of India for election-related guidance, and the Legislative Department for central legislation and amendments. State-specific facts and subsequent legal developments should be checked against official records.