Disqualification of convicted representatives in India

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Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), [1] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House with immediate effect. This is in contrast to the earlier position, wherein convicted members held on to their seats until they exhausted all judicial remedy in lower, state and supreme court of India. Further, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction, [2] was declared unconstitutional by the bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya. [3]

Contents

Resistance from government

In an attempt to overturn this decision, the Representation of the People (Second Amendment and Validation) Bill, 2013, was introduced into the Rajya Sabha on 30 August by Law Minister Kapil Sibal; by the proposed amendment, representatives would not be disqualified immediately after conviction. [4] The Indian government also filed a review petition, which the Supreme Court dismissed. [5] On 24 September, a few days before the fodder scam verdict, the government tried to bring the bill into effect as an ordinance. [6] However, Rahul Gandhi, then vice-president of the Indian National Congress, made his opinion of the ordinance clear in a press meeting: "It's complete nonsense. It should be torn up and thrown away." [7] Members of opposition parties claimed that Gandhi's comments indicated total confusion within the government, and called for the resignation of Prime Minister Manmohan Singh. [8] [9] Within 5 days, both the ordinance and the bill were withdrawn on 2 October. [10]

On 1 October 2013, Rasheed Masood became the first MP to lose his membership of parliament under the new guidelines, when he was sentenced to four years' imprisonment for cheating, forgery and corruption. [11]

List of elected representatives disqualified

List of elected representatives disqualified after conviction by a court of law:

RepresentativePartyRepresentationCaseDate of convictionStatus
Irfan Solanki Samajwadi Party MLA from Sishamau, Uttar Pradesh Convicted for 7 years for charges of arson, assault and threatening to kill a widow for land grabbing.7 June 2024Disqualified. [12]
Dhananjay Singh Bahujan Samaj Party Former Lok Sabha MP from Jaunpur, Uttar Pradesh Seven years imprisonment for abusing a project manager at gunpoint7 March 2024Disqualified and barred from contesting again [13]
Manoj Manzil Communist Party of India (Marxist–Leninist) Liberation MLA from Agiaon, Bihar Life time imprisonment on murder case16 February 2024Disqualified [14]
Sunil Chhatrapal Kedar Indian National Congress MLA from Savner, Maharashtra Convicted for 5 years in misappropriation of funds at the Nagpur District Central Cooperative Bank (NDCCB).22 December 2023Disqualified [15]
Afzal Ansari Bahujan Samaj Party Lok Sabha MP from Ghazipur, Uttar Pradesh Sentenced to 4 years in prison by MP/MLA court in Ghazipur in 2007 Gangsters Act case1 May 2023Disqualified [16]
Rahul Gandhi Indian National Congress Lok Sabha MP from Wayanad, Kerala Defamation case by BJP MLA Purnesh Modi. [17] 23 March 2023Conviction stayed by Supreme Court and disqualification lifted [18]
Abdullah Azam Khan Samajwadi Party MLA from Suar, Uttar Pradesh Sentenced to 2 years in jail by Moradabad court under section 353 of IPC. 13 February 2023Disqualified [19]
Mamta Devi Indian National Congress MLA from Ramgarh, Jharkhand Sentenced to 5 years rigorous imprisonment for rioting.13 December 2022Disqualified and conviction stayed by High Court. [20]
Anil Kumar Sahani Rashtriya Janata Dal MLA from Kurhani, Bihar Sentenced to 2 years imprisonment for allowance fraud.29 October 2022Disqualified [21]
Azam Khan Samajwadi Party MLA from Rampur, Uttar Pradesh Sentenced to 3 years in jail by an MP-MLA court in a hate speech case over comments against Yogi Adityanath27 October 2022Disqualified [22] [23]
Vikram Singh Saini Bharatiya Janata Party MLA from Khatauli, Uttar Pradesh Convicted for 2 years12 October 2022Disqualified
Anant Kumar Singh Rashtriya Janata Dal MLA from Mokama, Bihar Convicted for 10 years for possession of arms and ammunation; Later acquitted.21 July 2022Disqualified and acquitted 2 years later. [24]
Bandhu Tirkey Indian National Congress MLA from Mandar, Jharkhand Convicted for 3 years for financial irregularities.28 March 2022Disqualified [25]
Pardeep Chaudhary Indian National Congress MLA from Kalka, Haryana Convicted for 3 years for rioting.14 January 2021Conviction stayed and disqualification lifted. [26]
Kuldeep Singh Sengar Bharatiya Janata Party MLA from Bangarmau, Uttar Pradesh Sentenced to life imprisonment for rape.20 December 2019Disqualified [27]
Raj Ballabh Yadav Rashtriya Janata Dal MLA from Nawada, Bihar Sentenced to life imprisonment for rape.15 December 2018Disqualified [28]
Ilyas Hussain Rashtriya Janata Dal MLA from Dehri, Bihar Convicted for 5 years in Alkatra scam.27 September 2018Disqualified [29]
Kamal Kishore Bhagat All Jharkhand Students Union MLA from Lohardaga, Jharkhand Convicted for attempt to murder caseJune 2015Disqualified [30]
J. Jayalalithaa All India Anna Dravida Munnetra Kazhagam Chief Minister of Tamil Nadu,

MLA from Srirangam, Tamil Nadu

Convicted for 4 years and fined of ₹100 crore (US$12 million) in disproportionate assets case 27 September 2014Accquited on 11 May 2015
Suresh Halvankar Bharatiya Janata Party MLA from Ichalkaranji, Maharashtra Convicted for 3 years in power theft caseMay 2014Disqualified [31]
T. M. Selvaganapathy Dravida Munnetra Kazhagam Rajya Sabha MP from Tamil Nadu Convicted for 2 years in cremation shed caseApril 2014Resigned [32]
Babanrao Gholap Shiv Sena MLA from Deolali, Maharashtra Convicted for 3 years in disproportionate assets caseMarch 2014Disqualified [33]
Anosh Ekka Jharkhand Party MLA from Kolebira, Jharkhand Convicted for life imprisonment2014Disqualified [34]
Asha Rani Bharatiya Janata Party MLA from Bijawar, Madhya Pradesh Convicted for abetting suicide of maidNovember 2013Disqualified [35]
Rasheed Masood Indian National Congress Rajya Sabha MP from Uttar Pradesh Convicted for 4 years in MBBS seats scamSeptember 2013Disqualified [36]
Lalu Prasad Yadav Rashtriya Janata Dal Lok Sabha MP from Saran, Bihar Convicted for 5 years in Fodder scam September 2013Disqualified [37]
Jagdish Sharma Janata Dal Lok Sabha MP from Jahanabad, Bihar Convicted for 4 years in Fodder scam September 2013Disqualified [37]

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References

  1. ↑ "Lily Thomas vs Union of India & Ors. on 10 July, 2013". indiankanoon.org. Retrieved 3 November 2013.
  2. ↑ "Section 8 in The Representation of the People Act, 1951". indiankanoon.org. Retrieved 22 October 2013.
  3. ↑ Venkatesan, J. (10 July 2013). "MPs, MLAs to be disqualified on date of criminal conviction". The Hindu. Retrieved 21 October 2013.
  4. ↑ "Bill for no immediate disqualification of convicted MPs, MLAs". The New Indian Express. 30 August 2013. Archived from the original on 6 September 2013. Retrieved 22 October 2013.
  5. ↑ "SC dismisses govt review petition on convicted politicians, sticks to its stand". Deccan Chronicle. 4 September 2013. Archived from the original on 23 October 2013. Retrieved 22 October 2013.
  6. ↑ Gupta, Smita (24 September 2013). "Ahead of fodder case verdict comes ordinance to protect lawmakers". The Hindu. Retrieved 22 October 2013.
  7. ↑ "Rahul Gandhi trashes ordinance, shames government". The Times of India . 28 September 2013. Archived from the original on 30 September 2013. Retrieved 22 October 2013.
  8. ↑ "BJP seeks PM's resignation, opposition parties slam government". Business Standard. 27 September 2013. Retrieved 22 October 2013.
  9. ↑ "PM should quit if he with Rahul Gandhi on ordinance: Chandrababu Naidu". The Indian Express. 28 September 2013. Retrieved 22 October 2013.
  10. ↑ "'Nonsense' ordinance withdrawn". Business Line. 2 October 2013. Retrieved 22 October 2013.
  11. ↑ "Congress's Rasheed Masood jailed for 4 years in MBBS seat scam, loses RS seat". CNN IBN. Archived from the original on 1 October 2013. Retrieved 22 October 2013.
  12. ↑ Roushan, Anurag (7 June 2024). "SP MLA Irfan Solanki sentenced to 7-year jail term in Kanpur arson case, set to lose Assembly membership". www.indiatvnews.com. Retrieved 8 June 2024.
  13. ↑ Kumar, Mayank (7 March 2024). "Former MP Dhananjay Singh sentenced to seven years jail term for kidnapping, extortion". The Hindu . Archived from the original on 12 March 2024. Retrieved 19 March 2024.
  14. ↑ "CPI-ML MLA Manoj Manzil disqualified from Bihar assembly". The New Indian Express. 16 February 2024. Retrieved 1 March 2024.
  15. ↑ "Maharashatra Cong MLA disqualified after conviction in bank scam case". Indian Express. 24 December 2023. Retrieved 24 December 2023.
  16. ↑ "BSP MP Afzal Ansari loses Lok Sabha seat after conviction in 2007 Gangsters Act case". Hindustan Times. 1 May 2023. Retrieved 2 May 2023.
  17. ↑ Dhillon, Amrit (23 March 2023). "Rahul Gandhi found guilty of defaming Narendra Modi". The Guardian. ISSN   0261-3077. Archived from the original on 23 March 2023. Retrieved 19 March 2024.
  18. ↑ Ellis-Petersen, Hannah (4 August 2023). "India's supreme court suspends Rahul Gandhi's two-year defamation jail term". The Guardian. ISSN   0261-3077. Archived from the original on 4 August 2023. Retrieved 19 March 2024.
  19. ↑ "SP MLA Abdullah Azam Khan disqualified from UP Assembly after conviction in 15-year-old case". The Economic Times. 15 February 2023. ISSN   0013-0389 . Retrieved 1 May 2023.
  20. ↑ "Jharkhand News: रामगढ़ की विधायक ममता देवी को 5 साल की सजा, जाएगी विधायकी, हाईकोर्ट में देंगी चुनौती". Prabhat Khabar (in Hindi). 14 December 2022. Retrieved 25 December 2024.
  21. ↑ "RJD MLA Anil Kumar Sahni disqualified from Bihar legislative assembly". The Times of India. 15 October 2022. ISSN   0971-8257 . Retrieved 25 December 2024.
  22. ↑ Kumar, Mayank (27 October 2022). "Samajwadi Party leader Azam Khan gets three years in jail for hate speech against U.P. Chief Minister Yogi Adityanath". The Hindu. ISSN   0971-751X . Retrieved 1 May 2023.
  23. ↑ "Azam Khan disqualified from membership of UP Legislative Assembly". The Economic Times. 29 October 2022. ISSN   0013-0389 . Retrieved 1 May 2023.
  24. ↑ Mittal, Yash (14 August 2024). "Patna High Court Acquits Ex-RJD MLA Anant Kumar Singh Booked In Arms Act Case For Alleged Possession Of Rifles, Magazines". www.livelaw.in. Retrieved 25 December 2024.
  25. ↑ Pioneer, The. "Speaker passes disqualification order of MLA Bandhu Tirkey". The Pioneer. Retrieved 25 December 2024.
  26. ↑ "Haryana: Disqualified Kalka MLA Pradeep Chaudhary's assembly membership restored". The Times of India. 20 May 2021. ISSN   0971-8257 . Retrieved 25 December 2024.
  27. ↑ "Kuldeep Sengar loses UP Assembly membership after rape conviction". India Today. 25 February 2020. Retrieved 25 December 2024.
  28. ↑ archive, From our online (26 December 2018). "Bihar Assembly disqualifies RJD MLA Raj Ballabh Yadav after court awards him life sentence". The New Indian Express. Retrieved 25 December 2024.
  29. ↑ "Ex-Minister sentenced in Bihar bitumen scam". The Hindu. 22 February 2019. ISSN   0971-751X . Retrieved 25 December 2024.
  30. ↑ "Jharkhand MLA Kamal Kishore Bhagat jailed for 7 years for attempt to murder". The Times of India. 23 June 2015. Retrieved 1 October 2015.
  31. ↑ "No HC relief for disqualified BJP MLA in power theft case". Business Standard. 25 September 2014. Retrieved 28 September 2014.
  32. ↑ "A day after conviction, DMK leader T M Selvaganapathy resigns from Rajya Sabha". Economic Times. 18 April 2014. Retrieved 19 April 2014.
  33. ↑ "Bombay High Court dismisses 5-time Shiv Sena MLA plea for suspension of graft conviction". DNA India. 7 September 2014. Retrieved 28 September 2014.
  34. ↑ "Convicted Jharkhand MLA Enos Ekka loses Kolebira assemblyseat" . Retrieved 1 October 2015.
  35. ↑ "BJP MLA, Bhaiya Raja get 10-yr in jail". The Pioneer. 1 February 2015. Retrieved 1 February 2015.
  36. ↑ "Convicted Congress MP Rasheed Masood disqualified from Rajya Sabha". The Times of India. 1 January 1970. Retrieved 21 October 2013.
  37. 1 2 "Fodder scam: Lalu Yadav, Jagdish Sharma disqualified from Lok Sabha". Zee News. 22 October 2013. Retrieved 22 October 2013.
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