THE REPRESENTATION OF THE PEOPLE ACT

THE REPRESENTATION OF THE PEOPLE ACT

In pursuance of the part XV of the Constitution of India the parliament has enacted the representation of peoples act 1950 and 1951.

The RPA Act of 1950 deals with the electoral rolls while RPA 1951 is the detailed provision of the elections.

RPA 1950 Salient features

The Electoral Roll:

1.      It is a list of all the people in the constituencies who are registered to vote.

2.      It is updated every year to include new people who turned 18 and those who moved into the constituency and exclude those who moved out of the constituency or died.

3.      If one’s name is not in the roll due to any reason he/she must apply to get his/her name registered in the electoral roll. The updation of the electoral stops during the election campaigns after nomination of the candidates have closed.

RPA 1951 Salient Features

QUALIFICATION AND DISQUALIFICATION TO CONTEST ELECTIONS

(It is interesting to note that the act runs in negative language, i.e. it tells the grounds of disqualification but not necessarily of qualification. )

1.      RajyaSabha: One who is not an elector in any parliamentary constituency is disqualified. (As is clear anyone who is above 18 and registered in electoral roll is an elector so he is elegible for rajyasabha if we read this section without our mind open. Recall that minimum age for RajyaSabha member is 30. So all electors do not qualify. There are further provisions for eligibility. RPA tells us about disqualification rather than qualification. )

2.      LokSabha : One who is not a SC/ST is disqualified to contest for seats reserved for SC/ST.  One who is not an elector in any of the parliamentary constituency is disqualified. (Again it tells us only the ground of disqualification alone.)

3.      For those reserved seats under special provisions of the Constitution for NE states notified areas there is a separate set of disqualifications. Those who are not SC/ST of these particular constituencies can not contest for these seats.

4.      State Assemblies:  Similar provision for disqualification holds good (The elector thing) except for that these electors must be of that particular state. I mean you can not contest for Haryana assembly if you are not a registered voter in Haryana. In LokSabha the All India thing runs.

5.      State Legislative Council: The same elector thing, SC/ST thing and elector in the state thing. Also the nominated members should be ordinarily residing in that particular state. So the Governer of Haryana could not nominate RajniKant to Haryana legislative Council if it existed. (Haryana is a unicarmel legislature)

6.      Disqualifications on offensive Grounds: Any person who has been held a convict in the offences under Indian Penal Code or Criminal Procedure Code  and sentenced for not less than two years will be disqualified from contesting elction during the sentence and for further six years after the sentence. So Mr. Lalu Yadav is on a forced political leave of 5+6=11 years.

7.      These offences are elaborately given in the act. I will list them down. Its hard to remember them all but a few must be memorized,

·         Offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

·         Offence of bribery

·         Offence of undue influence or personation at an election

·         Offences relating to rape

·         Offence of cruelty towards a woman by husband or relative of a husband

·         Offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies

·         Practice of "untouchability

·         Offence of importing or exporting prohibited goods

·         Offence of being a member of an association declared unlawful offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place

·         Unlawful activities

·         Narcotic drugs and psychotropic substances

·         Offence of removal of ballot papers from polling stations offence of booth capturing

·         Offence of fraudulently defacing or fraudulently destroying any nomination paper

·         Offence of conversion of a place of worship 

·         Offence of insulting the indian national flag or the constitution of india, preventing singing of national anthem or of insults to national

·         Commission of sati

·         Terrorism

·         Note that if only fine and no service in jail is awarded under these offences still a disqualification of 6 years will carry from the date of award of such fine.

However the person held convicted is free to appeal in a higher court, and as long as the higher court doesn’t hold him convicthe is innocent, That’s natural law. For this appeal, earlier a time of 3 months was available. This 3 months window has been eliminated by the new ruling of the Supreme Court. On the day, the person is accused he must vacate his seat. See the difference, earlier convicted was disqualified but now even an accused is disqualified.  The disqualification carries on until the court declares him innocent. This ruling of the court has started a controversy that political power can be misused to wipe out a potential rival just by lodging an FIR against him. Right or wrong this judgment will give the people of India a clean parliament with no one with a tainted record. We may comprehend some political careers sacrificed for this but a clean parliament is the need of the hour. And it will compel the politicians to remain extremely careful in their conduct which every citizen of the nation wants to see.

8.      Disqualification on the ground of corrupt practices : In this section the act says that if a person is found guilty of corrupt practices an authority appointed by central govt will notify the president about this and the president will decide if the person is to be disqualified or not and if yes for how long. This is peculiar section 8A.  The president has to obtain the recommendation of election commission in this regard. So this section is to handle unusual conditions. What those condition could be, the act doesn’t say, and I don’t know either.

9.      If a govt servant was dismissed from office on grounds of  corruption or disloyality (for exampled an impeached judge) can not contest for 5 years.

10.  One holding a govt contractcan not contest as long as he holds the contract.

11.  One who holds office in any company or organization that has not less than 25% govt sharecan not contest election as long as he hold this office.

12.  If the person fails to lodge account of election expenses in the time limit stipulated by the election commission and has not good reasons for this failure, he will be disqualified. That means he will have to give up his won seat. (only for that election and not further since this is not a grave electoral offense.)

13.  All these disqualifications can be removed except the peculiar section 8A thing. (Since the President is involoved and He is a bigger power), by the election commission but the reason of this relaxation must be recorded.

DISQUALIFICATION FROM VOTING

One found guilty of

1.      Undue influence or impersonation during voting.

2.      Promoting enmity between classes in connection with election.

3.      Removal of ballot papers from polling station.

Will be disqualified for 6 years from voting at election. Also those disqualified under the 8A section as told above will be disqualified for the period as mentioned by the President.

These disqualification can be removed by EC but reasons must be recorded. Again EC can not override the 8A order of the President.

NOTIFICATION OF GENERAL ELECTION

1.      RajyaSabha : Since one third of the members retire every two years, a notification is issued by President as recommended by the EC to the electors of rajyasabha. (LokSabha MP’s) or the MLA’s

2.      LokSabha; a similar notification is issued by the president to call upon all the constituencies to hold elections. This notification can not be issued 6 months prior to the date is expiration of the sitting LokSabha. Furthur according to the constitution 6 months can not pass between the last sitting of the last LokSabha to the first sitting of the new  Lok. sabha.

3.      Same for SLA and SLC

ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

1.      EC can delegate his functions and dutuies to deputy election commissioner or secretary of the election commission to assist him.

2.      EC appoint chief electoral officer in each state. Under the EC he will see the conduct of election in his state.

3.      The chief electoral officer appoints the district election officer. He is usually the Collector of the district.

4.      The distt. El. Ooficer will superwise all election related work in the district and has also to perform those duties as the EC may assign him.

5.      The Election Commission nominates an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission. He can stop the counting of the votes if something goes wrong and reports to the EC about this.

6.      A govt officer or a local authority is nominated returninig officer by the EC.

7.      Similarly an assistant returning officer.

8.      It is the duty of the returning officer to do all such acts as may be necessary to conduct the election according to the rules as mentioned by the EC.

9.      The district election officer will make the provision of the polling stations with the approval of the EC

10.   He will appoint presiding officer for each polling station but not those who are under the influence of any candidates. He will appoint as many pooling officer or officers as he deems necessary. These are people you see when you go to vote. Who check your name, ink your finger etc.

11.   These people are deemed on deputation of EC. So their salary for their duty is paid by the EC.

REGISTRATION OF POLITICAL PARTIES

1.       Poltical parties is a group of elegible persons. It must make an application to the EC to avail itself the provisions made by the EC for political parties.

2.       They can accept contribution offered to it voluntarily by individuals or campanies.

3.       They cannot accept contribution from foreign.

4.       NRI contribution can be accepted.

5.       Any contribution above rs. 20000 will have to be reported to the EC.

CONDUCT OF ELECTIONS

1.            Every candidate will pay 10000 for LOK Sabha elections and 5000 for SLA. However SC/ST have to pay 5000 and 2000 respectively.

2.            If they can secure more than 1/6 of total votes their security is returned otherwise confiscated.

3.            Independent candidate have to be supported by 10 voters to get nominated.

4.            The candidates have to disclose their properties, their criminal records date of birth under the RTI act.

5.            They can withdraw their nomination by writing to the returning officer.

6.            Election Agent and Polling agents of the candidates are people nominated by the candidates to observe the conduct of the election, polling, counting process etc. Their eligibility criteria is the same as those for candidates. The rationale of nominating agents is the assurance of transparency and integrity of the electoral process. If the agents of all the candidates are present at the various stages of the election process the candidates can be assured that the election are conducted without interference, openly and without any favoritism.

DISPUTES

1.            All disputes regarding election to LokSabha and SLC come under the original jurisdiction of the High Courts.

2.            No appeal will be entertained by the court until the whole process of elections is completed

SOME OTHER PRIVISIONS

1.      If a member of loksabha is chosen for RajyaSabha his seat becomes vacant on the day of such appointment.

2.      If a person is choosen in rajyasabha and loksabha at the same time he will have to inform the secretary of EC which seat he wants to join.

3.      If a sitting rajyasabha member is chosen on loksabha his seat in rajyasabha is deemed vacant.

4.      Declaration of assets and liabilities

5.     Account of election expenses is to be maintained by every candidate and lodged with the district election officer.

6.      Grounds for declaring election to be void.—If the HighCourt is of opinion—

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, tobechosen to fill the seat

(b) that any corrupt practice has been committed by a returned candidate or his election agent or byany other person with the consent of a returned candidate or his election agent; or

(c) that any nomination has been improperly rejected; or

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected—

(i) by the improper acceptance or any nomination, or

(ii) by any corrupt practice committed in the interests of the returned candidate 1[by an agent otherthan his election agent], or

(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which isvoid, or

(iv) by any non—compliance with the provisions of the Constitution or of this Act or of any rules ororders, the election will be void and fresh election will have to be conducted.

7.      Liquor not to be sold, given or distributed on polling day.

Humble Regards:

The syllabus says salient featuers of the RPA Act. I scanned the 66 pages long bare act with language very hard to understand and squeeze out the points which seem to me form a general study, a lot of points I have left since they will be in the nature of specialized study which we are not supposed to do. 

Sources:  lawmin.nic.in

Neeraj Kumar