Parliamentary Debates Parliament of India Wednesday 9th May 1951 Part II - Proceedings other than Questions and Answers Official Report

Then if the Election Tribunal came to the con- clusion that either of the two grounds was well-founded it was open to the Election Tribunal to set aside the whole of the election. [...] Members who have read the Report of the Select Committee would notice, the Committee has said that they like the provision, and, if4 during tne passage of the Bill in the House it was possible to evolve some formula which would avoid that delay that Members feared would take place between the conclusion of the nomina- tion proceedings and the start of the election, theyould welcome such a provisio [...] With regard to the other question of licences and so on, no doubt a great agitation is going On in the country by the business community that if this clause stood as it now stands in the draft Bill of the Select Committee, the whole of the business community would be disfranchised from playing its part in Parliament, I mean in the political affairs of the country. [...] If my friend were to study the history of the case, he will know that the clergy were disqualified by the Act of 1801 because it was felt that under the Protestant Revolution when the State became the head of the Chairch or when the Church and the State became one—what are called advow- sons—that is to say, churches v,here service is offered and payments made, these became a sort of gift in the ha [...] I therefore conclude, from the fact that the Constituent Assembly supported distributive voting and from the fact that there is a provision in article 332, clause (5), that the inten- tion of the Constituent Assembly was that the system to be ordinarily adopt- ed is the system of a seat being reserved in a constituency.