A person who is in jail he wins election, now how he works


Representation of people act, 1951: Section 3 of the Act, which deals with qualification, creates a distinction between an elector and a voter – an elector is qualified to be chosen as a public representative.

The convicts continue holding their seat even if convicted and sentenced for a period of less than two years. as per section Section 8(3) of the RP Act, by segregating the imprisonment terms of less than two years as “non-actionable ground of disqualification”. Section 8 (1) and Section 8 (2) provide for disqualification for convictions of particular set of offences but Section 8 (3) provides for disqualification only if the sentence is for a minimum period of two years and more.

Since he is eligible to contest the election from prison, he knows how to work for his constituency from inside the prison.

He can pass on the instructions from inside the prison through the jail superintendent. 


My earlier reply may kindly be read as "Admittedly, he has not  been punished instead of "Admittedly, he has been punished"

The lapse is regretted.





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