Section 123 of the Representation of the People Act: A Legal Conundrum
constitutional clat_pg advanced concept_confusionArre bhai, I'm stuck on Section 123 of the Representation of the People Act. It says that if a person is a government employee or has some sort of influence over government decisions, they can't contest elections. But then I read Article 164(4)(c) of the Constitution, which says that no government employee can vote in Assembly elections. Now, is it just me or is Section 123 completely contradictory? Can the state impose a blanket ban on government employees contesting elections, but allow them to vote? It seems to be a double standard. And what about the citizens' right to participate in governance? Is it being compromised? Koi bhai ka kya hai?
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Hey y'all, don't worry, Section 123 is indeed a tricky one! Just break it down, abhi toh 123 ka matlab hai - if a candidate is found guilty of corrupt practices or any electoral malpractices, you can disqualify him. But there's a catch, abey, the EC has to be satisfied that the candidate was guilty, not just that he was accused. So, it's a balance between freedom of speech and stopping malpractices. Keep working on it, aapka answer zaroor accha ayega!
Bhai, section 123 of the RPA is indeed a tricky one. It deals with corrupt practices by a candidate or their agent. However, the definition is quite broad and can be misinterpreted. I feel it often overlaps with Section 123(3) which deals with undue influence or intimidation. It's essential to carefully read the sections and understand the intent behind them.