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The Representation of People Act: Jharkhand CM Issue

The Election Commission of India has recommended to the Jharkhand governor the disqualification of Jharkhand Chief Minister Hemant Soren for allegedly extending a mining lease to himself, which is reportedly a violation of the “electoral law”.

what is Section 9A of The Representation of the People Act, 1951

  • According to the Section 9A in The Representation of the People Act, 1951, “a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.”

Section 9 in The Representation of the People Act, 1951

  • Section 9 in The Representation of the People Act, 1951 defines the disqualification for dismissal for corruption or disloyalty.
  • Section 9 in The Representation of the People Act, 1951 is divided into two parts.

As per the Sub-section (1) of Section 9, “A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.”

As per the sub-section (2), “For the purposes of subsection (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact: Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.”

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