Section 8A:
Disqualification on ground of corrupt practices.
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty
of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period
of three months from the date such order takes effect], by such authority as the Central Government may
specify in this behalf, to the President for determination of the question as to whether such person shall be
disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this sub-section shall in no
case exceed six years from the date on which the order made in relation to him under section 99 takes
effect.
(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before
the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such
disqualification has not expired, submit a petition to the President for the removal of such disqualification
for the unexpired portion of the said period.
(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition
submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on
such question or petition and shall act according to such opinion.]
Notes:
1. Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975).
2. Subs. by Act 41 of 2009, s. 4, for certain words (w.e.f. 1-2-2010).