BJP MLA Narottam Mishra has been disqualified from membership and for contesting polls by EC

8 months ago SANJEET DWIVEDI 0

For providing wrong information to the Commission on expenses incurred during the polls, Election Commission of India had disqualified Narottam Mishra from membership of any State legislature of India for the next three years for filing wrong accounts of election expenditure.

He had been also debarred from contesting polls for the next three years. It is ought to be considered that Mr. Mishra will resign from the cabinet as per EC order.

Who is Narottam Mishra?

Dr. Narottam Mishra is a politician who is a cabinet minister in the state government of Madhya Pradesh. He belongs to Bharatiya Janata Party.

He ministers water resources, public relations, parliamentary affairs departments in the state government of Madhya Pradesh. He has been elected to the state assembly from Datia constituency of Madhya Pradesh.

 

What is the case concerned with the issue?

The issue of “paid news” is the core concern. Mr. Narottam Mishra had opted for paid news during the state assembly elections in the year 2014.

He didn’t mention expenses incurred for the same to Election Commission of India in his election expenses account.

 

What are the eligibility criteria to be a state MLA?

These are the following eligibility criteria to be a state MLA –

  1. being a citizen of India
  2. the individual should not be less than 25 years of age, and
  3. must be a voter from any constituency of the state or Union Territory concerned

 

Representation of the People Act, 1951 and disqualification on the  account of election expenses

Section 10A  read with the sections 77 and 78 of the Representation of the People Act, 1951 has decided the disqualification of Mr. Mishra.

Section 10A  of Representation of the People Act, 1951 clearly mentions disqualification of elected contestant to be considered for failure to lodge the account of election expenses to the  Election Commission(EC).

EC decides disqualification if and only if the accused person—

(a) has failed to lodge an account of election expenses within the prescribed  time and in the manner required by or under  Representation of the People Act, 1951; and
(b) has no valid reason or justification for their  failure to submit the account of election expenses 

Then, the Election Commission shall declare accused contestant to be disqualified and any such person shall be disqualified for a period of three years from the date of the order. 

 

What is Election Commission of India? 

The Indian Constitution has vested the power of superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India to the Election Commission of India.

It is a permanent Constitutional Body that was established on 25th January 1950.

The Commission consists of Chief Election Commissioner and two Election Commissioners.

 

Tenure & Appointment of Commissioners

The President of India appoints Chief Election Commissioner and other two Election Commissioners.

Chief Election Commissioner and two Election Commissioners have a tenure of 6 years. They can serve only until their age become 65 years.

They enjoy the same status, salary, and perks as that is given to the  Judges of the Supreme Court of India.

For removing the Chief Election Commissioner from office, parliament has to impeach him. It is the only process available for his/her removal.

Dr. Nasim Zaidi is current Chief Election Commissioner while other two Election Commissioners are as Sh. A K Joti and Sh. Om Prakash Rawat.

 

 

 

 

 

 

 

 

 
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