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Report No. 170

Chapter III

Ineligibility of candidates to contest election unless the candidate furnishes the particulars regarding the lawful assets possessed by him, or her, and his or her spouse and dependent relations, and the particulars regarding criminal cases pending against himself or herself

6.3.1. There has been mounting corruption in all walks of public life. People are generally lured to enter politics or contest elections for getting rich overnight.Before allowing people to enter public life, the public has a right to know the antecedents of such persons.The existing conditions in which people can freely enter the political arena without demur, especially without the electorate knowing about any details of the assets possessed by the candidates are far from satisfactory. It is essential by law to provide that a candidate seeking election shall furnish the details of all his assets (movable/immovable) possessed by him/her, wife/husband, dependent relations, duly supported by an affidavit.

6.3.2. Further, in view of recommendation of the Law Commission for debarring a candidate from contesting an election if charges have been framed against him by a Court in respect of offences mentioned in the proposed section 8B of the Act, it is also necessary for a candidate seeking to contest election for furnish details regarding criminal case, if any, pending against him, including a copy of the FIR/complaint and any order made by the concerned court.

6.3.3. In order to achieve the aforesaid objectives, it is essential to insert a new section 4-A after the existing section 4 of the Representation of the People Act, 1951, as follows:-

"4-A. Qualification for membership of the House of the People, the Council of States, Legislature Assembly of a State or Legislative Council

A person shall not be qualified to file his nomination for contesting any election for a seat in the House of the People, the Council of States, Legislative Assembly or Legislative Council of a State unless he or she file.-

(a) a declaration of allhisassets (movable/immovable) possessed by him/her, his/her spouse and dependent relations, duly supported by an affidavit, and

(b) a declaration as to whether any charge in respect of any offence referred to in section 8B has been framed against him by any Criminal Court."

6.3.3.1. The consequential changes will be required to be carried out in Forms 2A to 2E prescribed by the Conduct of Election Rules, 1961 to bring these in conformity with the amendments recommended in the Representation of the People Act, 1951. Accordingly, it is recommended that following clauses be inserted as clauses (d) and (e) in forms 2A to 2E. Consequently, the existing clause (d) therein shall be designated as clause (f):

(d) that the statement of assets enclosed to this nomination paper represents the true and correct statement of all the assets, movable and immovable, held/owned by me, my spouse and dependent relations. An affidavit affirming the correctness of the said statement is also appended to this nomination paper.

(e) that no criminal court has framed a charge against me in respect of any of the offences mentioned in section 8B of the Act and that no trial in respect of charges of the said offences is pending,

that a charge has been framed against me by the court of _____________ in the case No. ________ on ___________ (date) in respect of offence(s) punishable under sections ______________ mentioned in section 8B and trial is pending against me, that though charge was framed against me by the court of ___________________ in the case No.______ on ____________ (date) in respect of offence(s) punishable under sections ____________ mentioned in section 8B, I have since been acquitted of the said charge by order _____________ (date) (copy enclosed).

Moreover, the words "that I am contesting this election as an independent candidate" in forms 2A and 2B should be deleted.



Reform of The Electoral Laws Back




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