Section 8A of the RPA 1951
Topic: Elections and the Electoral System · NCERT: Beyond NCERT
Meaning
Section 8A of the Representation of the People Act 1951 disqualifies a person who has been found guilty of a corrupt practice, meaning a dishonest election act such as bribing voters. The disqualification can last up to six years. The finding comes from the High Court when it decides an election petition, which is the court case used to challenge a result. The President then decides how long the bar should last, acting on the Election Commission's opinion. The rule keeps candidates who won by cheating out of elected office for a set period.
Example
Suppose a High Court finds that a winning MLA bribed voters. It cancels the election, and the case goes to the President, who asks the ECI for its opinion. On that advice, the President may bar the person from contesting for up to six years.
Don't confuse with
- Section 10A: This section gives a three-year bar for failing to file the election expense account, and the ECI itself decides it. Section 8A is about corrupt practices, and the President decides it.
Related concepts
- Representation of the People Act 1951
- Conduct of Election Rules 1961
- Right to contest elections
- Section 9A of the RPA 1951
- Section 10A of the RPA 1951
- Section 11 of the RPA 1951
- Contesting from two constituencies
- By-election
- Election petition
- N.P. Ponnuswami case