The petition challenged the Constitutional validity of Section 8(1), (2) and (3), Section 9 and Section 11 of the Representation of the People Act.
Sections 8 and 9 provide for disqualification of MPs/MLAs for conviction in certain offences and for corruption or disloyalty on their part.
The plea said that limiting the period of disqualification to only 6 years from the date of conviction or release of a convicted legislator in case of Section 8, and 5 years in case of Section 9, was violative of articles 14, 102(1) and 191(1) of the Indian Constitution.
Section 11 which empowers EC to reduce the period of disqualification or remove the same, was also assailed on the ground that parliament cannot delegate the said function.
Source: Barandbench
