NOMINATION OF CANDIDATES

Criminalisation of Politics.

Election Commission's letter No. 509/Disqln./97-J.S.I, Dated : 28th August, 1997 addressed to The Chief Electoral Officers of all States and Union Territories.
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Subject:- Criminalisation of Politics- participation of criminals in the electoral process as candidates - disqualification on conviction for offences-effect of appeal and bail-regarding.

I am directed to draw your attention to the copy of the enclosed order dated 28.08.1997, issued by the Commission under Article 324 of the Constitution, on the subject of criminalisation in politics, wherein, in line with judgements of three High Courts on section 8 of the Representation of the People Act, 1951, the Commission has directed that the disqualification of candidature for elections under the said section would commence from the date of conviction, regardless of whether the person intending to be a candidate is out on bail or not, [except, of course, those candidates who are covered under section 8(4) of the said Act].

2. To operationalise this directive of the Commission, it is desired that when a candidate files his nomination paper, the Returning Officer or, as the case may be, the Assistant Returning Officer, receiving the nomination paper shall hand over to him the enclosed letter, together with the proforma of affidavit annexed thereto, to ascertain at the time of scrutiny of nomination as to whether the candidature is valid from the angle of section 8 of the R.P. Act. 1951. The information asked for in the proforma enclosed with the letter, which the Returning Officer is to hand over to the candidate, is to be submitted by the candidate in the form of an affidavit to the Returning Officer before the commencement of scrutiny of nominations.

3. These instructions of the Commission, along with a copy of the Commission's aforesaid order dated 28.08.1997, should be furnished to every Returning Officer and Assistant Returning Officer of each Parliamentary and Assembly Constituency, and all other election authorities concerned, in the State/UT, for their information, guidance and strict compliance, at all future elections.

4. Kindly acknowledge receipt.

ELECTION COMMISSION OF INDIA

Election Commission of India No. 509/Disqln./97 - J.S.I Dated : 28th August, 1997
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--------------- --------------- --------------- -------ORDER

Subject: Criminalisation of Politics - participation of criminals in the electoral process as candidates - disqualification on conviction for offences - effect of appeal and bail- regarding.

Whereas, the country is facing the serious problem of criminalisation of politics in which criminals, i.e., persons convicted by courts of law for certain offences, are entering into election fray and contesting as candidates; and

Whereas, section 8 of the Representation of the People Act, 1951, lays down the conditions under which a person would be disqualified on grounds of conviction for contesting elections to Parliament and Legislature of a State; and

Whereas, any person convicted of any offence listed under sub-section (1) of section 8 of the Representation of the People Act, 1951, shall be disqualified for a period of six years from the date of such conviction; and

Whereas a person convicted for the contravention of any of the laws listed under sub-section (2) of section 8 of the Representation of People Act, 1951, and sentenced to imprisonment for not less than 6 months shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of 6 years after his release; and

Whereas, under sub-section (3) of section 8 of the Representation of the People Act, 1951, a person convicted of any other offence and sentenced to imprisonment for not less than 2 years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of 6 years since his release; and



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