Section 9A of the RPA 1951
Topic: Elections and the Electoral System · NCERT: Beyond NCERT
Meaning
Section 9A of the RPA 1951 disqualifies a person while they hold a subsisting (still running) contract with the government to supply goods or carry out works. The person also has to have made the contract in the course of their trade or business. The reason is a conflict of interest. A lawmaker should not make money from the same government they are supposed to check. The bar ends once the contract is over.
Example
Suppose a contractor is building a road under a contract with the state government. While that contract is still running, they cannot be elected to the state assembly. After the work is finished and the contract ends, the bar no longer applies.
Don't confuse with
- Office of profit (Arts. 102, 191): This is a disqualification in the Constitution for holding a paid post under the government. Section 9A is a disqualification in an ordinary law, and it covers business contracts, not posts.
Related concepts
- Representation of the People Act 1951
- Conduct of Election Rules 1961
- Right to contest elections
- Section 8A 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