The Representation of the People Act, 1951, which lays down the framework for the conduct of elections to Parliament and state legislatures, specifies the grounds for the disqualification of elected representatives.
Under the provisions of the Act, an elected representative can be disqualified if they are convicted of certain offences; on grounds of corrupt practices; for failing to declare election expenses; and for interests in government contracts or works.
Under Section 8 of the RP Act, 1951, disqualification can result for offences punishable under IPC Sections 153A (promoting enmity on grounds of religion, etc.), 171E (bribery), 171F (undue influence or personation at an election), 505 (statement creating or promoting enmity, hatred), etc.
Among the other major leaders who have been disqualified under the provisions of the RP Act are former Tamil Nadu Chief Minister J Jayalalithaa, who was convicted in a disproportionate assets case in 2017, and RJD supremo Lalu Prasad, who was disqualified after being convicted in the fodder scam case in 2013.
The above are some examples to get the politicians thinking. The manner in which elections are conducted in Nagaland, or more specifically how election laws are bent in Nagaland, is known to all informed citizens. The uninformed citizens obviously don’t know – and they are many in number. It is pertinent to note here that the vast majority of candidates and MLAs who are disqualified by the Election Commission are as per Section 10A of the RP Act 1951 which deals with failure to lodge their accounts of election expenses. Last year, the Election Commission of India listed 1091 disqualified persons for failing to submit the election expenditure report to the poll panel. Once disqualified, they are barred from contesting in elections for three years from the date of their disqualification.
The point here is that there are laws to deal with electoral malpractices by candidates or their supporters. Unfortunately, in places like Mokokchung, the common people are generally unaware of the laws and the concerned citizens choose to rather remain silent. The ceiling on assembly election expenditure for small states like Nagaland is Rs 28 lakhs. It was Rs 20 lakhs until it was enhanced by the EC last year. It can be said without an iota of doubt that no candidate in Mokokchung can win a general election without exceeding the limit of Rs 28 lakhs. Yes, the candidates can find ways to get around the law (which has always been the case) but the opponents can also find ways to counter them – if only they would!
In this age of internet and technological advancement, it is easier than ever before to catch the culprits red handed while indulging in illegal electoral practices. For instance, illegitimate practices like cash-for-vote, proxy voting and personation, booth capturing, hate speech, use of weapons, distribution of liquor, etc., can all be easily caught and used against the opponents. If the evidence is strong enough, the erring candidate can be disqualified as per relevant sections of law. Given the ingenuity of the Naga people, it is believed that making the people aware of the law will go a long way in checking electoral malpractices.