No. 509/Disqualification/98-JSI/
24-1-1998
To,
The Chief Electoral Officer,
Madhya Pradesh,
Bhopal.
Subject: Criminalisatioin of
politics-participation of criminal in electoral
process as candidates-Commission's Order dated
28-8-1997-clarification-regarding.
Sir,
I am directed to refer to your letter no.
8k/97/4/1358 dated 20-1-1998 seeking clarification
relating to the Commission’s order dated
28-8-1997 on criminalisatioin of politics.
It may be noted that the scrutiny of nomination is a
quasi-judicial function performed by the Returning
Officr. The under sectio 8 of the representation of
the People Act, 1951. The information in the proforma
and the Affidavit prescribed by the Commission is
intended to enable the Returning Officer to satisfy
himself about the fact that the person filing
nomination is not report not disqualified under
section 8 of the representation of the People Act,
1951. Non-submission of requisite information by a
candidate when specifically asked for by the
Returning Officr should raise a reasonable
presumptioin in in Returning Officer’s mind
about his disqualificatioin, and he cannot feel
satisfied that the candidate concerned is not
disqualified. The validity or otherwise of the
nominatioin is for the Returning Officer’s to
decide in his Quasi-judicial capacity, having regard
to the above facts and the abovementioned
presumption.
Kindly acknowledged receipt.
Yours faithfully,
Sd/-
(SOHAN LAL)
UNDER SECRETARY(LEGAL)
F.NO.509/Disqualification/98-JSI/3833-3864 Dated 24th
Jan, 1998
BY CAMP BAG
Copy to the Chief Electoral Officer of all
States/Union Territories for information.
Sd/-
(SOHAN LAL)
UNDER SECRETARY(LEGAL)
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