Английская Википедия:Disqualification of convicted representatives in India

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Шаблон:Short description Шаблон:EngvarB Шаблон:Use dmy dates 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), 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, was declared unconstitutional by the bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya.

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. The Indian government also filed a review petition, which the Supreme Court dismissed. On 24 September, a few days before the fodder scam verdict, the government tried to bring the bill into effect as an ordinance. 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." 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. Within 5 days, both the ordinance and the bill were withdrawn on 2 October.

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.

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

Representative	Party		Representation	Case	Date of conviction	Status
Sunil Chhatrapal Kedar	Шаблон:Full party name with color	MLA from Savner, Maharashtra	convicted for 5 years in misappropriation of funds at the Nagpur District Central Cooperative Bank (NDCCB).	Шаблон:Dts	Disqualified
K. Ponmudy	Шаблон:Full party name with color	State Minister MLA from Tirukkoyilur, Tamil Nadu	convicted for 3 years in disproportionate assets case	Шаблон:Dts	Disqualified
Afzal Ansari	Шаблон:Full party name with color	MP from Ghazipur	sentenced to 4 years in prison by MP/MLA court in Ghazipur in 2007 Gangsters Act case	1 May 2023	Disqualified
Abdullah Azam Khan	Шаблон:Full party name with color	MLA from Suar	Sentenced to 2 years in jail by Moradabad court under section 353 of IPC.	13 February 2023	Disqualified
Azam Khan	Шаблон:Full party name with color	MLA from Rampur	Sentenced to 3 years in jail by an MP-MLA court in a hate speech case over comments against Yogi Adityanath	27 October 2022	Disqualified
Vikram Singh Saini	Шаблон:Full party name with color	MLA from Khatauli	convicted for 2 years	12 October 2022	Disqualified
J. Jayalalithaa	Шаблон:Full party name with color	Chief Minister of Tamil Nadu state MLA from R. K. Nagar, Tamil Nadu	convicted for 4 years and fined of Шаблон:INRConvert in disproportionate assets case but only the imprisonment was nullified due to abatement.	February 2017	Deceased and Abated
Kamal Kishore Bhagat	Шаблон:Full party name with color	MLA from Lohardaga (Vidhan Sabha constituency), Jharkhand	convicted for attempt to murder case	Шаблон:Dts	Disqualified
Suresh Halvankar	Шаблон:Full party name with color	MLA from Ichalkaranji, Maharashtra	convicted for 3 years in power theft case	Шаблон:Dts	Disqualified
T. M. Selvaganapathy	Шаблон:Full party name with color	Rajya Sabha MP from Tamil Nadu	convicted for 2 years in cremation shed case	Шаблон:Dts	Resigned
Babanrao Gholap	Шаблон:Full party name with color	MLA from Deolali, Maharashtra	convicted for 3 years in disproportionate assets case	Шаблон:Dts	Disqualified
Enos Ekka	Шаблон:Full party name with color	MLA, Kolebira, Jharkhand state	Convicted for life imprisonment	2014	Disqualified
Asha Rani	Шаблон:Full party name with color	MLA from Bijawar, Madhya Pradesh	convicted for abetting suicide of maid	Шаблон:Dts	Disqualified
Rasheed Masood	Шаблон:Full party name with color	Rajya Sabha MP from Uttar Pradesh	convicted for 4 years in MBBS seats scam	Шаблон:Dts	Disqualified
Lalu Prasad Yadav	Шаблон:Full party name with color	Lok Sabha MP from Saran, Bihar	convicted for 5 years in Fodder scam	Шаблон:Dts	Disqualified
Jagdish Sharma	Шаблон:Full party name with color	Lok Sabha MP from Jahanabad, Bihar	convicted for 4 years in Fodder scam	Шаблон:Dts	Disqualified

Manoj manzil disqualified from Bihar constitution assembly in murder case 2015

References

28)https://www.news18.com/india/cpiml-liberation-mla-disqualified-from-bihar-assembly-8781905.html