Consider the following:
1. Detention under a preventive detention law.
2. Interest in Government contracts.
3. Guilty of election offences.
4. Managing agent in a co-operative society.
5. Convicted of promoting enmity between groups.

Which of the above are grounds for disqualification under the Representation of People Act (1951)?
(a) 1, 2 and 4 only
(b) 2, 3, and 5 only
(c) 2, 3, 4 and 5 only
(d) 1, 2, 3, 4, and 5

Question

Consider the following:
1. Detention under a preventive detention law.
2. Interest in Government contracts.
3. Guilty of election offences.
4. Managing agent in a co-operative society.
5. Convicted of promoting enmity between groups.

Which of the above are grounds for disqualification under the Representation of People Act (1951)?
(a) 1, 2 and 4 only
(b) 2, 3, and 5 only
(c) 2, 3, 4 and 5 only
(d) 1, 2, 3, 4, and 5

ONLiNE UPSC · Accepted Answer

Under the Constitution, a person shall be disqualified for being chosen as and for being a member of the legislative assembly or legislative council of a state. The Parliament has prescribed a number of additional disqualifications in the Representation of People Act (1951). These are similar to those for Parliament. These are mentioned here:
● Item 1 is incorrect: He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.
● Item 2 is correct: He must not have any interest in government contracts, works or services.
● Item 3 is correct: He must not have been found guilty of certain election offences or corrupt practices in the elections.
● Item 4 is incorrect: A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than 25% share.
● Item 5 is correct: He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
● He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.

Representation of People Act (1951)

Disqualification grounds

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M Question 1	⏱ 0
Consider the following: 1. Detention under a preventive detention law. 2. Interest in Government contracts. 3. Guilty of election offences. 4. Managing agent in a co-operative society. 5. Convicted of promoting enmity between groups. Which of the above are grounds for disqualification under the Representation of People Act (1951)? (a) 1, 2 and 4 only (b) 2, 3, and 5 only (c) 2, 3, 4 and 5 only (d) 1, 2, 3, 4, and 5