Notice on PIL against validity of RPA provision

New Delhi, November 4

The Supreme Court on Friday agreed to examine the validity of a provision of the Representation of the People Act which empowers the Election Commission to “remove” or reduce the period of disqualification of a lawmaker.

A Bench led by Chief Justice of India Uday Umesh Lalit asked the Centre and the Election Commission to respond to a PIL by Lok Prahari and posted the PIL for hearing on December 5.

“The EC may, for reasons to be recorded, remove any disqualification under this Chapter 1 (except under Section 8A) or reduce the period of any such disqualification,” reads the provision. Lok Prahari general secretary SN Shukla submitted that the provision needed to be either struck down or read down as it delegated too much power to the Election Commission.

“What is so bad about Section 11? Parliament itself felt that power could be delegated to the ECI,” the Bench said.