Supreme Court asks EC for data on disqualification of netas

Supreme Court of India
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Supreme Court of India

New Delhi: In a significant development, the Supreme Court on Tuesday asked the Election Commission of India to provide details of cases in which it had either removed or reduced the period of disqualification from electoral rolls of leaders post their conviction in criminal cases.

A bench comprising Justices Dipankar Datta and Manmohan asked the poll panel to furnish within two weeks details of such cases in which it exercised its power under Section 11 of the Representation of People Act (RPA), 1951.Under the RPA, the period of disqualification from electoral politics post-conviction in criminal cases varies depending on the offence and sentence.

In cases relating to imprisonment of two or more years, a person is disqualified from the date of conviction until six years after their release, even if they are out on bail or awaiting appeal. However, the Election Commission of India (ECI) is empowered under Section 11 of the Act to remove or reduce the period of disqualification after recording the reasons.

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