Amendment proposed to law to bar criminals contesting polls

The offences should be punishable with a jail term of five years or above

PTI | June 24, 2011



In a bid to keep criminals out of elections, government proposes to amend the law to bar candidates against whom charges have been framed in heinous crimes.

According to a draft note prepared by the Law Ministry to amend the Representation of People's Act, candidates against whom charges have been framed by courts for allegedly committing heinous crimes will be disqualified from contesting elections.

The offences should punishable with a jail term of five years or above.

The provision will, however, not apply in cases where the charges have been framed in less than a year from the date of filing nominations, a Law Ministry official hastened to add.

The draft bill has provisions which provide enough "safeguards" against politically motivated charges.

"In case, candidates feel that charges have been wrongly framed against them, they may move the concerned High Court, which will refer it to a special tribunal or court for disposal within 15 days," the draft note says.

If cleared by the tribunal, the candidate will be free to contest.

The official said the proposal was not against the recommendation made by a Parliamentary standing committee on Law, Personnel and Grievances in 2007.

He said the panel had raised the issue of candidates belonging to opposition parties being framed by the party in power on "false and mala fide charges."

The second change in the election law is to provide for state funding for the women and Scheduled Castes and Scheduled Tribes candidates of recognised political parties.

To get this benefit, candidates should not have an annual income of more than Rs five lakh and movable or immovable property worth more than Rs 22 lakh.

The limit would also include the income and assets of the candidates' spouses.

The third proposal makes it mandatory for candidates and their parties to submit their accounts audited by an agency authorised only by the Comptroller and Auditor General.

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