New Delhi:The Supreme Court on Wednesday refused Centre’s plea seeking review of its verdict on disqualification of MPs and MLAs on being convicted in criminal case. However, the apex court admitted a government review petition against the disqualification of convicted MPs and MLAs from contesting polls. Saying that it is willing to relook at the judgment, the court issued notices to the Election Commission, the Bihar government and an NGO. In its remarks, the court said that the Representation of People’s Act is a clumsily drafted law and observed that the legislature complains about judicial interference when it tries to clear confusion about the law.
While the court has admitted one petition challenging the earlier judgment in which a person in custody can’t contest, it has dismissed the govt’s petition seeking review of SC’s order on disqualification of MPs & MLAs on being convicted in criminal case. In its July 10 verdict, the Supreme Court had 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 apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction. The government had field a review petition that was heard today. Importantly, the SC verdict came days after the government introduced a bill in Rajya Sabha under which convicted MPs and MLAs cannot be disqualified immediately even though they will be barred from voting in the House and drawing their salary till their appeal is decided.
The Representation of the People (Second Amendment and Validation) Bill, 2013, introduced by Law Minister Kapil Sibal seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended. The bill to amend the Representation of the People Act makes it clear that an MP or MLA cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed. Once passed, the amendment to the RPA shall come into effect from July 10, 2013; the day the Supreme Court gave the landmark judgment. One of the amendments states that as the name of the jailed person continues to be on the electoral rolls, he or she also continues to be an elector and can file nomination for an election.
Bureau Report
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