Representation of People Act, 1951 and remedies available to such person against his disqualification.

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. 

Grounds for Disqualification 

• On conviction for certain election offences and corrupt practices in the election. 

• Conviction for an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc. 

• Conviction for any offence resulting in imprisonment for not less than two years such legislator shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. 

• Convicted under any law providing for the prevention of hoarding or profiteering; or any law relating to the adulteration of food or drugs; or any provisions of the Dowry Prohibition Act, 1961. 

• On the ground of corrupt practices. 

• Dismissal from government service on account of corruption or disloyalty. 

• Holding an office under Government Company if the person 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 twenty-five per cent share.

• Failure to lodge account of election expenses. 

• Promoting enmity between different groups or for the offence of bribery. 

Remedy available to those disqualified 

• Even if is a person is on bail, after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election as per the guidelines issued by the Election Commission of India. 

• On 10 July 2013, the Supreme Court of India, in its judgment of the Lily Thomas v. Union of India case, decided that any MP, MLA or MLC who is sentenced for a crime and granted at least two years of imprisonment, loses membership of the House with immediate effect. 

• This is opposed to the earlier position, wherein sentenced members occupied their seats until the point that they exhausted all judicial remedies in lower, High Court and Supreme court of India. 

• Further, Section 8(4) of the Representation of the People Act, which permitted elected representatives three months to appeal their conviction, was proclaimed unconstitutional by the seat of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya. 

• If an aggrieved person wants to complain about the corrupt practices going on in any phase of the election process then he can make a complaint to the Election Commission of India. 

Elections are the life blood of any democracy. The robustness of electoral processes determines the fate of the nation. The timely reforms to the electoral process by Election Commission India, according to the changing needs of the society and the strong review of the judiciary have helped in the conduct of free and fair elections till date.