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SC dismisses plea seeking minimum qualification for lawmakers

Press Trust of India  |  New Delhi 

The Supreme today dismissed a seeking a direction to fix minimum qualifications for becoming an MP or MLA, saying it was for to decide.

"You are seeking an order that there should be qualifications for MPs and MLAs. That is for to decide. We cannot decide it," a bench comprising Chief Justice J S Khehar and Justice said.


The apex was hearing a seeking its direction for "prescribing desirable qualifications for MPs and MLAs" so only properly qualified people became lawmakers.

Besides this, the also referred to a provision of the Representation of the People Act, 1951 which deals with corrupt practices, and sought a direction that the candidates and others associated with them, like their agents, also be prosecuted under the electoral

The bench observed that a candidate can be held liable for the offence of corrupt practice under the Representation of the People Act whereas others, like their agents, can be prosecuted under the IPC.

"A person who contests election can be held liable for offence of corrupt practices under the Representation of the People Act. Others will be charged under the IPC and not the Representation of the People Act," the bench clarified.

"You want the Supreme to define the meaning of section 123 of the Representation of the People Act dealing with corrupt practices? It is defined for the past over 50 years," the told petitioner K C Agrawal.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, July 17 2017. 21:48 IST
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