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Report No. 170

3.3.6. Conclusions.-

In Law Commission's view, the time is now ripe for debarring independent candidates from contesting Lok Sabha and Legislative Assembly elections.

3.3.6.1. Any person proposing to contest Lok Sabha election can always form a political party and contest elections but its entitlement to any seat in Lok Sabha will be subject to the condition that it obtains not less than 5% of the total valid votes cast in the election to Lok Sabha. Therefore, it cannot be legitimately argued that our proposal would tend to interfere with democratic or political processes.

3.3.7. Accordingly, it is recommended that a new sub-section, namely, sub-section (1) be introduced in section 4 of this Act, as suggested hereinbelow, and the existing provision shall be renumbered as sub-section (2).

The proposed sub-section (1) shall read as follows:-

"(1) Only the political parties registered with the Election Commission under section 11(4) shall be entitled to put forward candidates to fill a seat in the House of the People."

Similarly, section 5 of the Act should also be amended by introducing the following sub-section (1):-

"(1) Only the political parties registered with the Election Commission under section 11(4) shall be entitled to put forward candidates to fill a seat in the Legislative Assembly."

The existing provisions of section 5 shall be renumbered as sub-section (2).



Reform of The Electoral Laws Back




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