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2015 Supreme(SC) 958

R.M.LODHA, KURIAN JOSEPH
PUBLIC INTEREST FOUNDATION – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

By the Court.—On 16.12.2013, this Court requested the Law Commission of India (for short, ‘Law Commission’) to expedite consideration of the two issues, namely, (1) whether disqualification should be triggered upon conviction as it exists today or upon framing of charges by the Court or upon the presentation of the report by the Investigating Officer under Section 173 of the Code of Criminal Procedure [Issue No. 3.1(ii) of the Consultation Paper] and (2) whether filing of false affidavits under Section 125A of the Representation of People Act, 1951 should be a ground of disqualification? and, if yes, what mode and mechanism needs to be provided for adjudication on the veracity of the affidavit? [Issue No. 3.5 of the Consultation Paper].

2. In pursuance of the above order, the Law Commission has prepared its recommendation in the form of 244th Report titled ‘Electoral Disqualifications’. The report was forwarded by the Chairman, Law Commission to the Minister for Law and Justice. A copy of the same has been placed on record.

3. At the outset, we record our appreciation for the excellent work done by the Law Commission in the short time. The 244th Report shall be of significant



















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