MP-MLA will be disqualified if convicted: SC

PTI, NEW DELHI | 10 July 2013 18:26 IST

In a landmark judgement that could cleanse Parliament and Assemblies of criminals, the Supreme Court today struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices A K Patnaik and S J Mukhopadhaya said.

The court, however, said that its decision will not apply to convicted MPs and MLAs who have filed their appeals in the higher courts before the pronouncement of this verdict.

The verdict seeks to remove the discrimination between an ordinary individual and an elected law maker who enjoys protection under the RP Act.

 Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that and a further six years after release.

The following sub-section 8(4) says a lawmaker cannot be disqualified for three months from the conviction and if in that period he or she files an appeal against till its disposal by a higher court.

The Election Commission, has in its reports from time to time, has been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences.

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such laws should have been implemented long back,we could have saved tonnes of money from scandals.IT WILL BE A TOUGH TIME FOR PARTIES TO SELECT CANDIDATES WITHOUT CRIMINAL BACKGROUND, AS 90 PERCENT OF OUR POLITICIANS HAVE PHD IN CRIME,INCLUDING OUR GOAN ALI BABA AND THE EIGHTY THEIVES

- justino, dubai | 12 th July 2013 04:09

 

Should this Law be enforced and successful convictions obtained, then Goans could be saying a "bye bye" "Cheerio" or "Adieus" to all ex & present Congress MLA`s and also include those aspiring to become MLA`s, like Valanka Alemao (the Virgin of doom & gloom").

By & large, Goans managed to convict & condemn many of them (by casting their votes) at the last elections.

This can be taken as the 1st stage of the process.

If the rather errant & U-Turn specialist ,Mr Parrikar remains true to his promises & words, pre and post elections...then Stage 2 could commence before Diwali.

Nearly all Congress MLA`s are "CHIEFTANS" of Corruption , of one form or another ,in Goa.

Many Goans still live from "hand to mouth". Daily life is still a grind & struggle for many. Fedualism has not been fully replaced by Democracy & Merit has not yet replaced nepotism.

But these Dirty Congress- wallas have been Lording it and living Majestic & luxurious lives, off the sweat, blood & tears of Goans. Their plunder is "stratospheric" (beyond logic).

Once the scale of their corruption is placed in the Public domain via the Law Courts , I am sure the blood of each & every honest & hard working Goan will change from "simmering" to "boiling" ...and later an explosion.

Thus far it has remained as conjecture.



But Goans have through their sixth sense & like a good Police dog already sniffed-out the main offenders/culprits. The are just praying for the day these Criminal Politicians are brought to book & jailed.

When I speak to many Goans and ask them what form of punishment they woukld prefer for these evil men & women . They all ,in their simmering anger prefer a public hanging. But then again they are fully aware that their modern civilisation abhors this form of punishment.

But they still hope, a long jail term and confiscation of all their ill-gotten wealth would be fair justice in addition to disqualification from becoming and MLA.

And to be fair & balanced, I must also state than a few BJP/ MGP/UGDP MLA`s too, are of the criminal breed.

- N.Fernandes, London | 11 th July 2013 13:48

 

Though late, a very good decision. Hope now politicians will not amend constitution to safeguard their interest.

- Shekhar Gaitonde, Panaji | 11 th July 2013 13:08

 

Great news!

Throughout India, many persons will not be eligible to contest election any more.

This will cleanse politics to a great extent in every state of India.

- Francisco, Goa | 10 th July 2013 20:51

 

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