The Hindu : Presidential nod for Representation of People (amendment) Bill

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Friday, Jan 03, 2003

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Presidential nod for Representation of People (amendment) Bill

NEW DELHI JAN. 2. The President has given his assent to the Representation of People (Amendment) Bill, 2002 which was passed in the winter session of the Parliament. Notified in the Gazette as Act No. 72 of 2002, it recognises the right of voters to know the antecedents of candidates contesting elections and comes into effect from August 24, 2002, when an ordinance was promulgated.

As per the Act, which seeks to replace an ordinance promulgated to this effect on August 24, last a candidate, contesting an election for Parliament or State Legislature, would be required to disclose whether he was accused of any offence punishable with imprisonment for two years or more in a pending case in which charges had been framed and whether he had been convicted of an offence in which the punishment awarded was one year or more.

However, a candidate would be required to furnish information only under this law made by Parliament or the rules made thereunder and not otherwise. It also supersedes the orders of the Election Commission issued on June 28 last to give effect to the directions of the Apex Court judgment dated May 2.

Under the amendment, which gives effect to the impugned judgment, an elected candidate is required to declare his assets and liabilities before the Presiding Officer of the either of Parliament and State Legislature, as the case may be, as a post-election measure.

It also enjoins a candidate contesting an election to be liable for penal consequences for filing a false affidavit or concealing the required information.

He would also be liable for similar consequences for giving false information or concealing the required information in his nomination paper to be filed before the returning officer.

The President has also given his assent to the Refugee Relief Taxes (Abolition) Repeal Bill and the Appropriation (No. 6) Bill and they have been notified as Act No 70 and 71 of 2002.

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