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Representation of the People Act, 1951 Section 8A - Bare Act

StateCentral Government
Year
Section TitleDisqualification on Ground of Corrupt Practices
Act Info:

1[8A. Disqualification on ground of corrupt practices. -

(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period:

Provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.)

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1. Substituted by act 40 of 1975, Section 2.

2. Substituted by the Representation of the people (Amendment) Act, 2009 [Act No. 41 of 2009] to be effective from 01.02.2010 vide Notification No. S.O.225(E) dated 01.02.2010 previous text was:- "as soon as may be after such order takes effect"




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