Election Result 2024: Will the membership of Amritpal and Abdul Rashid, who are in jail, be cancelled? When is the by-election held?

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Election Result 2024: Will the membership of Amritpal and Abdul Rashid, who are in jail, be cancelled? When is the by-election held?


18th

Membership cancelled? 

The question is, can the membership of these leaders who are elected as members of Parliament from jail be cancelled? Know what are the rules regarding this in the Constitution.

• According to the rules of the Indian Constitution, any Indian citizen can contest elections from jail.
• Membership can be cancelled if the charges against a candidate are proved in any case and he is sentenced to more than two years. 
• Charges against Amritpal Singh and Rashid Sheikh have not been proved yet, so they were allowed to contest elections.
• Under Section 62(5) of the Representation of People Act, 1951, a prisoner in jail does not have the right to vote.
• Under Section 8(1) and (2) of the Representation of People Act, 1951, there is a provision that if an MP or MLA is involved in a criminal conspiracy such as murder, rape, insulting religion, language, terrorist activity, Constitution, then his membership from Parliament and Assembly will be cancelled. 

• Under Section 8(3) of the Representation of People Act, if a person is convicted and sentenced to at least two years in jail. After this, he automatically becomes ineligible to contest elections for six years from the date of release.

• A person convicted by the lower court can go to the higher court and appeal to save his membership. 

Let us tell you that the investigating agency is continuously investigating the Abdul Sheikh Rashid and Amritpal Singh case. On the basis of the report of the investigation agency, if the charges are proved in the court, the membership of Abdul Rashid and Amritpal Singh will be cancelled.

Read this also: This former Prime Minister has been an MP from Amethi seat for four consecutive times, that’s why it is called the stronghold of the Gandhi family



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