Disqualification for dismissal for corruption or disloyalty
Section 9 of the Representation of the People Act, 1951 deals with disqualification for dismissal for corruption or disloyalty. A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal. The Act came into force on 17 Jul 1951.
(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.
(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact:
Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.
Section 9, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
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Tej Bahadur vs Shri Narendra Modi
Court's Decision & Legal Precedent
A person dismissed from government service whose nomination is not accompanied by the mandatory certificate of non-dismissal for corruption or disloyalty under Section 33(3) of the Representation of the People Act, 1951, cannot be deemed a 'duly nominated candidate' and consequently lacks the locus standi to file an election petition under Section 81.
On this section: Conclusiveness of the certificate issued by the Election Commission regarding dismissal grounds.
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Election Commission of India vs Bajrang Bahadur Singh
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 dismissal from service or disloyalty or corruption
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 9
What have the courts held on Section 9 of the Representation of the People Act?
Tej Bahadur vs Shri Narendra Modi (24 Nov 2020) is the leading judgment on this section among those set out below: Conclusiveness of the certificate issued by the Election Commission regarding dismissal grounds. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2015 to 2020.
How do I find court cases under Section 9 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 9, section 9 RP Act 1951, section 9 of the Representation of the People Act. People searching for it also type section 9 representation of the people act rpa 1983 and section 9a representation of the people act 1983. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Tej Bahadur vs Shri Narendra Modi (24 Nov 2020).
What should I read with Section 9 of the Representation of the People Act, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Conduct Of Election Rules,1961 (1961).
When did Section 9 of the Representation of the People Act come into force?
Section 9 of the Representation of the People Act, cited as RP Act 1951 9, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.