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should be disqualified, after investigation is conducted under Section 8A
of the Representation of Peoples Act, 1951. Additionally, bribery is an
offence under Section 171 B of the Indian Penal Code and any conviction
for the offensive of bribery, even if it resulting in the payment of a very
nominal
fee,
will
automatically
disqualify
the
convicted
person/candidate for a minimum period of 6 years, under Section 8(1) of
the Representation of the People Act, 1951. The alleged offence may
also constitute a “corrupt practice” under Section 123(1) of the
Representation of People Act 1951, which would result in the election of
the returned candidate being declared void and the candidate found
guilty of commission of such corrupt practice can also be disqualified by
the Hon'ble President on the recommendation of the Commission.
10.
Therefore, the Election Commission is duty bound, to take
actions as mentioned under Section 8A of the Representation of Peoples
Act, 1951, and after following the due process, to disqualify the
candidate from contesting in the elections for the Vellore Lok Sabha
Constituency. However, instead of disqualifying the candidate from
contesting in the elections, the entire Lok Sabha elections for the
Vellore constituency in effect, has been cancelled, through the
impugned notification F.No.H-1 1024/1/2019-Leg.II, dated 16.04.2019,
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