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CHAPTER
15 : PUNISHMENT FOR
MISUSE |
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Article
15.1 : No
any elected representative should escape punishment if he has misused the
powers for his personal gain. Article
15.2 : No
any elected representative should be given benefit of doubt i.e. incase of
doubtful situation regarding misuse of power, punishment must be inflicted
on. Hard proof of misuse of power is not essential. Article
15.3 : Punishment
of misuse of powers may be in the form of (i) confiscation of all types of
property (ii) Jail (iii) anything else decided by judiciary in individual
case including death penalty. Article
15.4 : Punishment
may be any one or two or all types described in article 15.3. Article
15.5 : In
case of confiscation of property, no property can be confiscated which has
been declared by the representative before contesting any election. Only
extra property gained or acquired illegally can be confiscated. Article
15.6 : No
punishment can be made without giving opportunity of being heard to him. Article
15.7 : Any
such offending representative can not engage advocate or legal person to
defend him. Article
15.8 : Jilla
Nyay Samiti will be competent authority to listen the complains of misuse
of power by any national or state or district level elected representative
and give the judgement. Article
15.9 : Gram
Nyay Punch will be competent authority to listen the complains of misuse
of power by any District, Taluka or Village level elected representative
and give the judgement. Article
15.9 : Any
citizen of India can complain about corruption of misuse of power against
any national level, state or district level or village level elected
representative. Article
15.10 : Any
appointed post carrying importance and having possibility of misuse of
power can be regarded on par with elected representatives and complains
can be made against him and punishment will be inflected on. Article
15.11 : Any
person aggrieved by the decision of Gram Nyay Punch or Jilla Nyay Samiti
for the punishment for misuse of power can appeal to higher judicial
authority. Article
15.12 : Any
person aggrieved by the decision of Rajya Nyay Parishad for the punishment
for misuse of power can appeal to Rashtriya Nyay Sabha. Article
5.13 : Any
attempt with bad motive to harass the Harijans and so called untouchables
in any village or town by making any law even with 80% majority or
unanimously shall be tantamount to misuse of power and
punishable for misuse of power. Article
15.14 : |