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Section 8A: Disqualification on ground of corrupt practices.

The Representation of the People Act, 1951Central Act · Act 43 of 1951

[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 within a period of three months from the date 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 sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

Where this provision sits

ActThe Representation of the People Act, 1951
Section8A
Marginal noteDisqualification on ground of corrupt practices.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 40 of 1975. . Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975).
  • substituted, Act 41 of 2009. . Subs. by Act 41 of 2009, s. 4, for certain words (w.e.f. 1-2-2010).

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