Three convicted MPs -
are all set to face disqualification if the government fails to promulgate the ordinance to legalise Section 8 (4) of the Representation of the People Act, 1951, that was declared ultra vires by the Supreme Court on July 10,2013
Though the Quantum of Sentence for the three MPs is yet to be announced , they could be straightaway disqualified irrespective of the quantum of sentence, as per the Supreme Court order on July 10,2013
If no ordinance is issued, then the respective head of the Houses — Lok Sabha Speaker and Rajya Sabha Deputy Chairman — upon receiving the certified copies of the verdict, can issue an order announcing their disqualification and declare their seats vacant
In case the ordinance is promulgated, despite reservations expressed by Congress vice-president Rahul Gandhi, Mr. Prasad and Mr. Sharma can hold the Lok Sabha membership until they continue to be members of the present House, and for Mr. Masood till 2016 (when he will complete his term) as the Upper House is a continuous body. However, all the three MPs, unless acquitted by the appeal court, cannot contest polls for six years from the date of release from their prison term (if they are sentenced to imprisonment). i.e., they will enjoy protection under Section 8 (4) of the RP Act only till their current parliament membership expired
Note
- MP from Chapra (Bihar)Lalu Prasad Yadav(RJD)-convicted in the fodder scam on Monday Sep 30,2013
- MP from Jahanabad (Bihar)Jagadish Sharma(JD-U)-convicted in the fodder scam on Monday Sep 30,2013
- Rajya Sabha Member from Uttar Pradesh Rasheed Masood(INC)-convicted under the Prevention of Corruption Act (PC Act) and other IPC Sections on September 20,2013
are all set to face disqualification if the government fails to promulgate the ordinance to legalise Section 8 (4) of the Representation of the People Act, 1951, that was declared ultra vires by the Supreme Court on July 10,2013
Though the Quantum of Sentence for the three MPs is yet to be announced , they could be straightaway disqualified irrespective of the quantum of sentence, as per the Supreme Court order on July 10,2013
If no ordinance is issued, then the respective head of the Houses — Lok Sabha Speaker and Rajya Sabha Deputy Chairman — upon receiving the certified copies of the verdict, can issue an order announcing their disqualification and declare their seats vacant
In case the ordinance is promulgated, despite reservations expressed by Congress vice-president Rahul Gandhi, Mr. Prasad and Mr. Sharma can hold the Lok Sabha membership until they continue to be members of the present House, and for Mr. Masood till 2016 (when he will complete his term) as the Upper House is a continuous body. However, all the three MPs, unless acquitted by the appeal court, cannot contest polls for six years from the date of release from their prison term (if they are sentenced to imprisonment). i.e., they will enjoy protection under Section 8 (4) of the RP Act only till their current parliament membership expired
Note
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