Amritpal Singh, a pro-Khalistan party and leader of the Waris Punjabi De party, has filed his candidature from Khadoor Sahib seat in Punjab to contest the ongoing assembly elections. Singh, however, is lodged in Assam’s Dibrugarh Jail and has been booked under the NSA. Can incarcerated people participate in elections? What happens if the candidate wins? Read more to find out.
Waris Punjabi De chief Amritpal Singh is currently in Assam jail.
Chandigarh: Khalistani supporters jailed Amritpal Singh filed his candidacy today Sabah state election From Khadoor Sahib seat in Punjab. The Waris Punjabi De chief was arrested in April last year and booked under the draconian national security law that was invoked against him, and is currently lodged in an Assam jail.
The fact that Amritpal Singh submitted his candidature despite being in jail and that his documents were accepted by the Election Commission has led to several questions surrounding nomination rules. Can jailed leaders contest elections? What happens if an incarcerated candidate wins an election? How do incarcerated candidates campaign?
Can imprisoned leaders fight elections?
The Representation of the People Act 1951 disqualifies any person convicted of a crime and sentenced to imprisonment for two years or more from membership in the National Assembly and state legislature. However, this law does not prevent unvetted persons from participating in elections.
Section 8(3) of the Act states: “A person who is convicted of any offense and sentenced to imprisonment for a period of two years or more shall be disqualified from the date of such conviction, and he shall continue to be disqualified for a period of six years. ‘Since his release. ”
Amritpal Singh has not yet been convicted. Therefore, he can contest the Lok Sabha elections like many others before him.
How do incarcerated candidates file their nomination files?
To file nomination papers, the candidate or proposer has to appear in person before the Returning Officer (RO) with the completed nomination form.
In the case of Amritpal Singh, his nomination was submitted to the district returning officer’s office by his lawyer Harjot Singh, accompanied by his relative Sukhchain Singh and five others on his behalf.
How does an incarcerated candidate campaign?
Incarcerated people cannot campaign for themselves or their political parties because they have no direct access to the outside world or voters. But he can get his message across through his party members.
Notably, on May 1, the Delhi High Court ordered the Election Commission of India to provide a mechanism to ensure that political leaders and candidates can effectively campaign with reasonable restrictions. This is the dismissal of a public interest litigation (PIL) seeking directions for the prompt construction of a public interest litigation.
“Persons in custody cannot be allowed to campaign, otherwise all the rapists and murderers will start starting political parties right before elections,” the court said.
The court was hearing a petition by law student Amarjeet Gupta, who was upset with the timing of the arrests of politicians, especially Delhi Chief Minister Arvind Kejriwal, after the ECI announced the model code of conduct.
In Amritpal Singh’s case, his campaign will be led by Paramjit Kaur Kalra, wife of human rights activist Jaswant Singh Kalra, his father said. Paramjit Kaur Kalra had contested the Khadoor Sahib seat in 2019 and lost.
Who will Amritpal Singh compete against?
The Shiromani Party’s Akali Dal has fielded former MLA Birsa Singh Vartoha, while the Aam Aadmi Party has nominated Transport Minister Laljit Singh Brar and the BJP’s candidates include Manjit Singh from the seat. Nominated Manna Mianwind. The Congress has fielded former MLA Kulbir Singh Jilla from this seat.
In the 2009 general elections, Ratan Singh Ajnala of SAD won the seat, and in 2014, Akali candidate Ranjit Singh Brahmpura won the seat.
The Khadoor Sahib Lok Sabha constituency, established in 2008, comprises nine assembly districts: Jandiala, Tarun Taran, Khem Karan, Patti, Khadoor Sahib, Baba Bakara, Kapurthala, Sultanpur Lodhi and Zilla. It is made up of electoral districts.
The seventh phase of voting for Khadoor Sahib Lok Sabha seat will be held on June 1 and counting of votes will be held on June 4.
What happens if an incarcerated candidate wins?
According to the law, there is no provision for taking the oath in prison, so if an incarcerated candidate wins an election, he or she may be released from prison to take the oath.
Famous wins from behind bars
In the 1977 post-Emergency elections, socialist leader George Fernandes stood for election from Muzaffarpur in Bihar while he was still in prison. Fernandez defeated the parliamentary candidate by a margin of about 300,000 votes.
In 1996, don-turned-politician Mukhtar Ansari won the Mau Assembly seat in Uttar Pradesh on a BSP ticket while in prison.
In the same year, former Union minister Kalpanath Rai, who was imprisoned in the 1996 TADA case, contested the assembly polls from prison and won in the Ghosi constituency.
In 2022, SP leader and nine-time Rampur MLA Azam Khan won the Rampur Assembly seat with a margin of 55,000 votes while in prison. Khan was subsequently found guilty in a 2019 hate speech case and stripped of his parliamentary seat. Another SP leader, Nahid Hassan, contested the Kairana assembly seat from prison in 2022 and won.
