Section 11A Disqualification arising out of conviction and corrupt practices - Representation of the People Act, 1951

What is Disqualification arising out of conviction and corrupt practices? Section 11A of Representation of the People Act, 1951

Section 11A : Disqualification arising out of conviction and corrupt practices

2[(1)] If any person, after the commencement of this Act,-

3 * * * is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act,
4 * * *

5 * * * * *
he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be is qualified for voting at any election.

6 [(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for any period shall be disqualified for the same period for voting at any election.

 

 

(3) The decision of the President on a petition submitted by any person under sub-section (2) of section 8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]

 

Section 11B : Removal of Disqualifications

The Election Commission may, for reasons to be recorded, remove 7 [any
disqualification under sub-section (1) of section 11A].]

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2. S. 11A re-numbered as sub-section (1) thereof by s. 4, ibid.
3. The brackets and letter "(a)" omitted by Act 38 of 1978, s. 3 and the Second Sch.
4. The word "or" omitted by s. 3 and the Second Sch. ibid.
5. Cl.(b) omitted by Act 40 of 1975, s. 4.
6. Ins. by s. 4, ibid.
7. Subs. by s. 5, ibid., for certain words.