CHAPTER III.--Disqualifications for Membership of Parliament and State LegislaturesCentral

Section 10A of The Representation of the People Act, 1951

Disqualification for failure to lodge account of election expenses.

If the Election Commission is satisfied that a person

(a)has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act; and
(b)has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

Summary

The Election Commission can disqualify a person for failing to report their election spending.
Disqualification happens if the person fails to submit the account within the required time and in the correct way.
This ban is only applied if the person has no good reason or justification for the failure.
Once the disqualification order is issued and published, the person is barred for a period of three years.

Practical examples

1Sunil contested an election in 2023 but never filed his expense report. The Election Commission found his excuse of "being busy" unsatisfactory and disqualified him for three years starting from the date of the order.

2Fatima filed her expenses two weeks late because she was hospitalized after a serious accident. The Election Commission accepted this as a good justification and did not disqualify her under the Act.

FAQ

1. How long is the ban under Section 10A of The Representation of the People Act, 1951?

A person disqualified under Section 10A of The Representation of the People Act, 1951 is barred for a period of three years from the date of the order.

2. Who decides if a reason for failing to file expenses is valid under Section 10A of the 1951 Act?

The Election Commission is the authority that must be satisfied regarding the failure and the lack of good reason under Section 10A of the 1951 Act.

3. Where is the disqualification notice for Section 10A of the 1951 Representation of the People Act published?

The order must be published in the Official Gazette as required by Section 10A of the Representation of the People Act, 1951.

Test yourself

1.What is the duration of disqualification for failing to lodge election expenses under Section 10A of The Representation of the People Act, 1951?

2.Under Section 10A of the 1951 Representation of the People Act, what must the Election Commission find before disqualifying a candidate?

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