363185

Sir, I move :

That sub-clause (e) of clause (1) of article 83 be omitted and the following sub-clauses (e), (f), and clauses (2) and (3) be substituted in its place and existing clause (2) be re-numbered as clause (4) :-     

‘(e) if after the commencement of this Constitution, he has been convicted or has in proceedings for questioning the validity or regularity of an election, been found to have been guilty, or any offence or corrupt or illegal practice relating to elections which has been declared by an Act of Parliament to be an offence or practice entailing disqualification for membership of this Legislature, unless such period has elapsed as may be specified in that behalf by the provisions of that Act.     

‘(f) if after the commencement of this Constitution he has been convicted of any criminal offence involving moral turpitude by a court and sentenced to transportation or to imprisonment for more than two years unless a period of five years has elapsed since his release.     

‘(g) if after the commencement of this Constitution having been nominated as a candidate for the Union and State Legislatures or having acted as an election agent of any person so nominated he has failed to lodge a return of election expenses within the time and in the manner required by any Act of Parliament or of any State Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the President has removed the disqualification :     

Provided that a disqualification under paragraph (g) of this sub-section shall not take effect until the expiration of the month from the date by which the return ought to have been lodged.     

“(2) A person shall not be capable of being chosen a member of Parliament while he is serving a sentence of transportation or of imprisonment for a criminal offence involving moral turpitude.”     

“(3) When a person who, by virtue of a conviction and a sentence becomes disqualified by virtue of paragraph (e) or (f) of sub-section (1) of this article is at the date of the qualification a member of Parliament, his seat shall, notwithstanding anything in this article, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months as appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period during which his membership is preserved by this sub-section, he shall not sit or vote.

Leave a Reply

Your email address will not be published. Required fields are marked *