Section 146C of The Representation of the People Act, 1951
Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings].
Summary
- The Commission and its staff cannot be sued for anything they do in good faith.
- Good faith means they were acting honestly and trying to follow the law.
- This protection covers any official opinions they give to the President or a Governor.
- It also covers any official papers or reports the Commission chooses to publish.
- No one can start a criminal prosecution against them for these protected actions.
Practical examples
FAQ
1. Can I sue the Election Commission under Section 146C of The Representation of the People Act, 1951?
No, if the Commission acted in good faith, Section 146C of The Representation of the People Act, 1951 protects them from any suit or legal proceeding.
2. Does Section 146C of The Representation of the People Act, 1951 protect staff members?
Yes, Section 146C of The Representation of the People Act, 1951 protects any person acting under the direction of the Commission.
3. What is the main limit on the protection in Section 146C of The Representation of the People Act, 1951?
The action must be done in good faith, which is the key requirement in Section 146C of The Representation of the People Act, 1951.
4. Does Section 146C of The Representation of the People Act, 1951 cover advice given to the President?
Yes, it specifically covers the tendering of any opinion by the Commission to the President.
Test yourself
1.Under Section 146C of The Representation of the People Act, 1951, what is protected from legal proceedings?
2.Who is protected under Section 146C of The Representation of the People Act, 1951?
3.What does good faith mean in the context of Section 146C of The Representation of the People Act, 1951?
4.If the Commission uses the powers from Section 146 and makes an honest mistake, does Section 146C of The Representation of the People Act, 1951 help them?