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The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of 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, what constitute corrupt practices and other offences at or in connection with such elections and the determination of ...
Representation of the People Act is a stock short title used in Antigua and Barbuda, The Bahamas, Bangladesh, Barbados, Belize, Ghana, Grenada, Guyana, India, Jamaica, Mauritius, Pakistan, Saint Vincent and the Grenadines, Trinidad and Tobago, the United Kingdom and Vanuatu for legislation dealing with the electoral system. [1]
On 24 March, one day after the conviction, Lok Sabha Secretary General Utpal Kumar Singh notified that Rahul Gandhi would stand disqualified as the Member of Parliament from Wayanad constituency from 23 March, the date of his conviction, under the Section 8 of the Representation of the People Act, 1951 (RPA). [19]
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On 10 July 2013, a bench of justices A. K. Patnaik and S. J. Mukhopadhaya held that, "The only question is about the vires of section 8(4) of the Representation of the People Act (RPA), 1951 and we hold that it is ultra vires and that the disqualification takes place from the date of conviction."
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This was nullified by amending the RPA in 1975. [1997] On December 18, 1997 in Writ Petitions Nos. 340-343/93 Vineet Narain and other versus Union of India and others (aka Jain Havala Case), the Supreme Court issued directions to establish institutional and other arrangements aimed at insulating the CBI from outside influences. The judgment ...
Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), [1] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House ...