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Uttar Pradesh assembly secretariat seeks legal opinion on disqualification issue of BJP MLA Vikram Saini
Khatauli lawmaker Vikram Saini stands automatically disqualified, says minister; Uttar Pradesh assembly speaker Satish Mahana writes back to RLD chief Jayant Chaudhary on the issue
The Uttar Pradesh assembly secretariat has sought legal opinion on the issue of declaring a vacancy and disqualification of BJP MLA from Khatauli (Muzaffarnagar) Vikram Saini, who has been convicted for two years in a 2013 Muzaffarnagar riots case.
“Yes, we have sought the opinion of the law department and advocate general (AG) on the issue of declaring vacancy and disqualification of BJP MLA from Khatauli Vikram Saini. We have received a copy of (the) court order and Saini’s conviction is only for two years. We have decided to seek legal opinion whether two years’ conviction will invite disqualification. We will not have this option once a vacancy is declared,” said a senior officer of the state legislative assembly secretariat.
CB Pandey, a legal expert and former advisor to the governor, called the move “delaying tactics”.
“There is a clear provision for disqualification under section 8 (3) of the Representation of People Act if an MLA has been convicted for two years or more. There is no point in seeking legal opinion on the issue. Such moves can only be called delaying tactics,” Pandey said.
Pandey quoted section 8 (3) of the act reading, “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.”
Finance and parliamentary affairs minister Suresh Khanna said as per provisions, BJP MLA from Khatauli (Muzaffarnagar) Vikram Saini has been automatically disqualified following his conviction for two years.
“Vikram Saini stands automatically disqualified following his conviction for two years,” Khanna said, replying to a question from the media here.
State legislative assembly speaker Satish Mahana has, meanwhile, sent a letter to Rashtriya Lok Dal chief and MP Jayant Chaudhary to make his point that he was not the deciding authority for disqualification of MLAs convicted by a court of law. Mahana made a mention of the Supreme Court of India’s order dated July 10, 2013 in petition number 490/2005 and 231/2005 quoting section 8(3) of the Representation of People Act and said a convicted member would be automatically disqualified. Mahana also quoted the Election Commission of India’s directives that a convicted member would be automatically disqualified and the state assembly secretariat would declare a vacancy after receiving a court order about the conviction.
“Thus, in view of the above law laid down by the Hon’ble Supreme Court, it will be seen that in cases of conviction of sitting members, their disqualification from membership under Section 8 of the Representation of the People Act, 1951, would be automatic by operation of Law and no dispute can arise for determination by the President/Governor under Article 103 (1) or 192 (1) of the Constitution in such cases. Therefore, in such, the secretariat of the House concerned should forthwith issue notification declaring the seat of the member concerned vacant,” read the directives as quoted by Mahana to make his point that his office has no role to play in disqualification of convicted members.
In the letter, Mahana said he has directed the assembly secretariat to take appropriate legal action in the matter and it would have been better if Chaudhary had known the right position before drawing his (Mahana’s) attention.
RLD chief Jayant Chaudhary, in his letter to Mahana dated October 29, had questioned the state assembly’s expeditious action in disqualification of senior Samajwadi Party leader and MLA Mohammad Azam Khan.
“Hope, you will take note of my letter and act against Vikram Saini in such a manner that upholds healthy traditions of justice,” Chaudhary had said in his letter.
