The Hindu : Poll reforms ordinance comes into force

Online edition of India's National Newspaper
Tuesday, Aug 27, 2002

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National

Poll reforms ordinance comes into force

By J. Venkatesan

NEW DELHI AUG. 26. The Representation of the People (Amendment) Ordinance, 2002 promulgated by the President, A.P.J. Abdul Kalam, on August 24, has come into force with immediate effect and notified in the Gazette of India.

The ordinance, which seeks to amend the RP Act, 1951 with retrospective effect from May 2 (date of the Supreme Court judgment), gets over the difficulties created by the judgment and the consequential orders of the Election Commission issued on June 28 to implement the court directions.

All elections or by-elections to Parliament or State Legislatures, will, henceforth, be subject to the ordinance.

It provides that the statement of assets and liabilities will be a post-election matter to be submitted to the Presiding Officers of both Houses of Parliament and State Legislature, as the case may be, by the elected members only within 90 days from the date they take oath.

Such information will be required in terms of rules made under Sec. 75 A (3) of the RP Act, 1951. Any wilful contravention of the rules by the elected candidate will be dealt with in the same manner as a breach of privilege of the Houses Parliament and State Legislature.

Besides, Section 125 A has been incorporated to punish a candidate who himself or herself or through his proposer fails to furnish information relating to Section 33 A (1) or for concealment of any information, to be punishable with imprisonment for a term which may extend to six months or with fine or with both.

The ordinance also makes it mandatory for a candidate to furnish information whether he/she is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed; and whether he/she has been convicted and sentenced to imprisonment for one year or more.

The ordinance also makes it clear that the existing provisions of conviction by courts in criminal cases for disqualification of candidates will continue to be the basis for rejection of nominations.

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