<p>In its note for cabinet approval of the proposed amendment to Representation of the People Act (RPA), 1951, the ministry has said “Section 8(4) of the RPA, should be repealed which gives immunity to the sitting MPs or MLAs for contesting an election when the case is pending in higher court though the lower court has convicted them.” <br /><br />The recommendation also said persons chargesheeted by courts for serious offences a year before their nominations to contest elections should be disqualified. If the candidate thinks the charges are politically motivated, he can submit an application to the High Court for referring it to the special court or tribunal for a speedy trial, the recommendation stated further. <br /><br />High Courts must create special tribunals or courts for handling such cases and they must be disposed within 15 days, the cabinet note said. “If the special court or tribunal decides that the charges framed were politically motivated, then (the candidate) can qualified for contesting elections,” it said.<br /><br />If the candidate fails to provide information on his conviction or conceals details required along with the affidavit, he would be disqualified. <br /></p>
<p>In its note for cabinet approval of the proposed amendment to Representation of the People Act (RPA), 1951, the ministry has said “Section 8(4) of the RPA, should be repealed which gives immunity to the sitting MPs or MLAs for contesting an election when the case is pending in higher court though the lower court has convicted them.” <br /><br />The recommendation also said persons chargesheeted by courts for serious offences a year before their nominations to contest elections should be disqualified. If the candidate thinks the charges are politically motivated, he can submit an application to the High Court for referring it to the special court or tribunal for a speedy trial, the recommendation stated further. <br /><br />High Courts must create special tribunals or courts for handling such cases and they must be disposed within 15 days, the cabinet note said. “If the special court or tribunal decides that the charges framed were politically motivated, then (the candidate) can qualified for contesting elections,” it said.<br /><br />If the candidate fails to provide information on his conviction or conceals details required along with the affidavit, he would be disqualified. <br /></p>