‘Congress Kalka MLA faces disqualification’
CHANDIGARH: Congress MLA from Kalka (Haryana) Pradeep Chaudhary, who was convicted and sentenced for three years of imprisonment in a case of rioting by a Himachal Pradesh court on Thursday, faces disqualification as a member of the legislative assembly.
Legal experts said that the MLA will be disqualified as per Section 8 (3) of the Representation of the People Act.
The disqualification provision says that a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
Since the Supreme Court in a 2013 judgment had declared sub-section 4 of Section 8 of the Act ultra vires (beyond legal power), Chaudhary will not be saved from disqualification under this provision.
Section 8(4) provided that
disqualification of an MP or MLA will not take effect until three months have elapsed from that date or if within that period an appeal or application for revision is brought in respect of the conviction of the sentence, until the appeal is disposed off by the court.
In its ruling, the apex court had held that if any sitting member of Parliament or a state legislature is convicted of any of the offences mentioned in Section 8 of the Act and by virtue of such conviction or sentence suffers disqualifications after the pronouncement of this judgment, his membership of Parliament or the state legislature will not be saved by sub-section (4) of Section 8 “which we have by this judgment declared as ultra vires the Constitution notwithstanding that he files the appeal or revision against the conviction or sentence.”
Former Haryana advocate general, Mohan Jain, said that Chaudhary is liable to disqualified from the membership of the assembly as per the law.
Additional solicitor general (ASG), Satya Pal Jain, said that the MLA stands disqualified the moment he is convicted and sentenced to imprisonment for not less than two years.
He will also continue to be disqualified and barred from contesting elections for a further period of six years after his release, said Jain, an expert on constitutional law.
“However, if the high court stays the conviction of the MLA, his membership of the assembly will get restored from that day. But the restoration of membership will not be applicable if the high court only grants him bail,” the ASG said.