Disqualification for failure to lodge account of election expenses

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Election Commission of India vs Bajrang Bahadur Singh

   Supreme Court of India 09 Apr 2015 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   Section 9A of the Representation of the People Act, 1951, applies to supervening disqualifications (those acquired after election) and operates to render a legislator's seat automatically vacant by operation of Article 190(3) from the moment the legislator enters into a contract with the government for supply of goods or execution of works. The disqualification is not contingent on completion or non-completion of the contract, nor is it affected by subsequent completion of contractual obligations. The disqualifying event is the mere entry into such a contract by a person already serving as a legislator. Once incurred, the disqualification operates to vacate the seat immediately, even though the period of disqualification itself may be limited to the subsistence of the contract. A legislator who becomes disqualified cannot resume office without being re-elected, though upon cessation of the disqualifying event, he becomes eligible to contest fresh elections. The Governor's declaration under Article 192 is purely declaratory in nature, determining whether the factual event occurred; the legal consequence of seat vacation flows from the Constitution itself, not from the Governor's declaration.

   On this section: Disqualification for failure to lodge account of election expenses

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