Section 11 of the RPA 1951
Topic: Elections and the Electoral System · NCERT: Beyond NCERT
Meaning
Section 11 of the Representation of the People Act 1951 lets the Election Commission remove a disqualification or cut down its period. The ECI must record its reasons. This acts as a safety valve when a full disqualification would be too harsh in the facts of a case.
Example
In 2019 the ECI used Section 11 to shorten the disqualification period of Sikkim Chief Minister P.S. Golay. This allowed him to contest a by-election and stay in office.
Don't confuse with
- Section 10A: the power to impose a three-year disqualification for not filing election expenses. Section 11 is the power to remove or reduce a disqualification.
Related concepts
- Representation of the People Act 1951
- Conduct of Election Rules 1961
- Right to contest elections
- Section 8A of the RPA 1951
- Section 9A of the RPA 1951
- Section 10A of the RPA 1951
- Contesting from two constituencies
- By-election
- Election petition
- N.P. Ponnuswami case