The provisions for the actual conduct of elections to the Houses of Parliament and the House or Houses of the Legislature of each State, the qualifications and disqualifications for the membership of these Houses, the corrupt practices and other election offences, and the decision of election disputes were all left to be made in a subsequent measure. In order to provide for these provisions, the Representation of the People Act, 1951 was enacted.
Rules for disqualification of MP’s and MLA’s: Section 8 of the Representation of the People Act, 1951 which lays down rules for disqualification of MP’s and MLA’s. the Act disqualifies for a minimum period of six years irrespective of fine or imprisonment if any of the lawmakers are convicted of heinous crimes; causing enmity over religion, language or region; indulging in electoral violations etc.
Section 126 of the RP Act prohibits displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours before the hour fixed for conclusion of poll in a constituency.
Under Section 88 of the Representation of the People Act, 1951, a candidate is required to submit an account of his election expenses. If he fails to do so without valid reasons, he can be disqualified for three years.
Section 123(3) deals with abiding to “corrupt practices” for canvassing votes in an election. These corrupt practices which are outlined in Section 123 of the Act include, bribery and gratification, undue influence, booth capturing, making appeals on grounds of caste, race, community or religion, creating hatred or enmity between citizens on grounds of religion, etc.,
Conducting free and fair elections are essentials for strengthening the bedrock of democracy. The Representation of People Act, 1951 ensures that.
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