Legal Provisions for the disqualification of MLAs

  • Provisions for disqualification are defined in Representation of the Peoples Act 1951.
  • The Representation of the Peoples act defines the corrupt practices for the disqualification of the elected representative.
  • Under the section 125 (4) of the Representation of the Peoples Act 1951, The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement of fact which is false, and which they either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, of any candidate, would be reasonably calculated to prejudice the prospects of that candidate’s election and it constitutes corrupt practice.

Why in news?

  • The High Court of Kerala had disqualified an independent MLA Karat Razack from the Koduvally Assembly constituency for his defamatory campaign against the rival candidate during the 2016 Assembly polls.
  • The election of the independent MLA Karat Razack was declared void by the Kerala High Court since it found that he was involved in corrupt practices.
  • The High Court found that Razack and his agents had screened a 20-minute video across Koduvally Assembly constituency during the 2016 election campaign to tarnish the image of the rival candidate.
  • The disqualification has been stayed by the High Court to provide an opportunity to appeal against the verdict.

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