Hindustan Times ST (Mumbai)

SC order on tainted netas may spawn new govt guidelines

- Nagendar Sharma

NEW DELHI: The July 10 Supreme Court judgment mandating the immediate disqualifi­cation of convicted lawmakers, which has been at the centre stage of country’s politics for the last two months, may require fresh guidelines from the government to deal with the new situation.

The disqualifi­cation of former Bihar chief minister Lalu Prasad and veteran Congress Rajya Sabha MP Rashid Masood, both of whom are now in jail, have posed a new challenge to the government, Parliament and Election Commission officials.

Following many rounds of confabulat­ions on the tricky issue of how to proceed on the immediate disqualifi­cation, the Lok Sabha secretaria­t referred the matter to the law ministry, which in turned has sought the opinion of the attorney general.

The question bothering officials is who would take the final decision on disqualifi­cation and under which rules. With the SC having struck down the provision from the Representa­tion of the People Act, which allowed convicted MPS/MLAS to continue till the final disposal of their appeals, such cases rarely bothered the concerned authoritie­s.

Officials point towards the need of fresh guidelines since till now routine cases on disqualifi­cation pertained to complaints against MPS/MLAS holding offices of profit.

Such complaints were made to the President who referred these to the EC.

In the cases of Lalu and Masood, however, the view emerging is that there is no need of making any reference to the President. “The SC judgment is the law of the land today. It clearly states that disqualifi­cation starts from the very date of conviction by the court. This means there is no need even to wait for the sentencing,” a highly placed source said.

“In the instant cases, the presiding officers of respective Houses or state assemblies merely need to inform the EC about the seat of a convicted lawmaker having fallen vacant. All other things are merely technical debates and mean nothing,” said the source.

 ?? SUSHIL KUMAR/HT ?? Rahul met PM on the ordinance controvers­y.
SUSHIL KUMAR/HT Rahul met PM on the ordinance controvers­y.

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