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Jayant questions delay in disqualification of BJP MLA Vikram Saini
Days after Samajwadi Party MLA Mohammad Azam Khan’s disqualification and declaring of his Rampur assembly seat vacant, Rashtriya Lok Dal (RLD) chief Jayant Chaudhary has demanded a similar action against BJP MLA from Khatauli (Muzaffarnagar) Vikram Saini, who according to him, has been convicted for two years by MP/MLA court in the 2013 Muzaffarnagar riots case
Days after Samajwadi Party MLA Mohammad Azam Khan’s disqualification and declaring of his Rampur assembly seat vacant, Rashtriya Lok Dal (RLD) chief Jayant Chaudhary has demanded a similar action against BJP MLA from Khatauli (Muzaffarnagar) Vikram Saini, who according to him, has been convicted for two years by MP/MLA court in the 2013 Muzaffarnagar riots case.
“Sir, I want to draw your attention towards the case of BJP MLA Vikram Seni from Khatauli (Muzaffarnagar), who has been convicted for two years under the provisions of the Representation of People Act in the 2013 Muzaffarnagar riots case on October 11, 2022. No initiative has been taken from your side in this case,” said Chaudhary in a letter dated October 29, 2022 sent to U.P. legislative assembly speaker Satish Mahana.
Chaudhary questioned expeditious action taken by the state legislative assembly secretariat against Khan and said, “Hope, you will take note of my letter and act against Vikram Saini in such a manner that upholds healthy traditions of justice.”
“Your office acted expeditiously disqualifying senior Samajwadi Party leader Mohammad Azam Khan in a case pertaining to hate speech in special MP-MLA court (Rampur). Your activeness should be appreciated for implementing the Representation of People Act. A question mark hangs on whether a law can be interpreted differently when you appear lax in the case reported earlier,” he said.
When contacted, Mahana said he was yet to get Chaudhary’s letter. He said the state legislative assembly was not responsible for disqualifying the MLAs convicted by the court of law for two or more years. He said the state legislative assembly has so far not received any court judgment convicting Saini for two years.
He said information about conviction was given to the state legislative assembly secretariat by the chief election officer’s office or by the prosecution authority. “When the disqualification of any member is brought to its notice, the state legislative assembly declares the seat vacant,” said Mahana, adding, in case of Mohammad Azam Khan, the information about his disqualification was given by the office of the chief election officer, Uttar Pradesh.
Those aware of the development in the state assembly also said the MLAs convicted for two or more years stand disqualified automatically in accordance with an order of the Supreme Court.
Chaudhary had raised the issue of delay in disqualifying the BJP MLA Saini on social media as well. “What about Vikram Saini - BJP MLA from Khatauli, Muzaffarnagar who was sentenced on 11th Oct for 2 years? MLAs are disqualified under provisions in Representation of Peoples Act if convicted for offence with imprisonment for two or more years,” said Jayant Chaudhary in a tweet on October 28, 2022.
When contacted, BJP MLA Vikram Saini said he had been convicted only for two years. Saini said conviction of over two years invited disqualification and as his conviction was only of two years, the provision would not apply in his case. CB Pandey, a legal expert and former advisor to governor, however, said section 8 (3) of the Representation of People Act provided for disqualification following conviction of two years or more.
Section 8 (3) of the act reads “A person convicted of any offence and sentenced to imprisonment for not less than any two years- other than any offence referred to in sub section (1) or sub-section (2)- 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.”
The MP/MLA court of Rampur had convicted Mohammad Azam Khan for three years finding him guilty of a hate speech during the 2019 general election campaign wherein he used harsh words against Prime Minister Narendra Modi, U.P. chief minister Yogi Adityanath, the then Rampur district magistrate Aunjaneya Kumar Singh and Congress candidate Sanjay Kapoor.
The 10-time lawmaker from Rampur was sentenced to three years in jail and fined ₹25,000 in connection with the matter. Khan was, however, granted bail and given seven days to file an appeal against the verdict.
