Sitting MPs and MLAs with Declared Cases related to “Offences and Corrupt Practices in Connection with Elections” (Inclusive of Model Code of Conduct Violations): Associations for Democratic Reforms (ADR) and National Election Watch (NEW) have analyzed the self sworn affidavits of candidates who have contested in Parliamentary and State Assembly Elections since 2008. This report analyses the Self-Declared Cases of sitting MPs and MLAs (Pan-India) that fall under the section for “Corrupt Practices and Electoral Offences” (inclusive of Model Code of Conduct violations) as provided in the Representation of the People Act, 1951 (RP Act). These offences have been laid out in Part VII, i.e from clause 123 to 136 of the RP Act

Broadly, these offences can be segregated into the following categories:

1.    Electoral Offences related to Corrupt Practices during Election Period* [Sections 123(1), 123(2), 123(3), 123(3A), 123(B), 123(4) 123(5), 123(6), 123(7), 123(8) of the RP Act]

2.    Electoral offences related to Threat and Inducement of Voter [ Sections 171B, 171C, 171D, 171E, 171H]

3.    Electoral offences related to Tampering of EVM/Ballot Papers [Sections 135, 135A, 136 of the RP Act]

4.    Electoral offences concerning Public Meetings During Election Period [Sections 125, 126, 127 of RP Act]

5.    Electoral offences against Denying Someone The Right To Vote [Sections 135B of RP Act]

6.    Electoral offences related to Breach or Prohibition On At or Near Polling Stations on the date of poll [Sections 130, 131, 132 of RP Act]

7.    Electoral offence concerning Pamphlet, Poster, Handbills, Placards, which do not bear on its face the name and the address of the Printer and the Publisher [Section 127A of RP Act]

8.    Electoral offences concerning Illegal Hiring or Procurement of any vehicle [Sections 133 of RP Act]

(*Election Period=> Refers to the time period from the date of announcement of elections till the date of polling.)

Summary and Highlights

  •   Sitting MPs: 30 Sitting MPs have declared cases regarding electoral offences. 28 out of the 30 MPs are from the Lok Sabha and 2 are members of the Rajya Sabha.
  • Sitting MLAs : 127 Sitting MLAs have declared cases regarding electoral offences.
  • Partywise sitting MPs and MLAs: Among all parties, 36 are from INC (7 MPs and 29 MLAs), 34 from BJP (9 MPs and 25 MLAs), 16 from JD(U) (2 MPs and 14 MLAs), 13 from SP (3 MPs and 10 MLAs), 7 are from RJD (2 MP and 5 MLAs), 5 are from AIADMK(1 MP and 4 MLAs), 5 are from BSP (5 MLAs).
  • Statewise sitting MPs and MLAs: 8 MPs and 33 MLAs from Bihar, 8 MPs and 21 MLAs from Uttar Pradesh, 3 MPs and 17 MLAs from Karnataka, 1 MP and 11 MLAs from Jharkhand, 2 MPs and 8 MLAs from Andhra Pradesh.

ADR and NEW strongly recommend that candidates who contest elections should display the kind of responsible behavior and conduct that upholds the integrity and value of fair and free elections. Candidates should refrain from activities that are considered to be electoral offences and corrupt practices ” (breach of Model Code of Conduct) during elections that have been laid out from in Part VII, clause 123 to 136 of the RP Act.

MPs, MLAs with cases related to Electoral Offences and Corrupt Practices during Elections (Click here)

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