Ex-minister disqualified from Assembly after his conviction in bank scam

Congress MLA Sunil Kedar has been disqualified from the Maharashtra state legislature after being convicted in a ₹125 crore bank scam. The move reduces Congress's strength in the assembly to 44 members. Kedar was sentenced to five years in prison and fined ₹12.50 lakh. Congress spokesperson Atul Londhe accused the government of discrimination, claiming that legislators from the ruling party had not been disqualified despite being convicted.

Mumbai: A day after Sunil Kedar, Congress’s five-term MLA from Saoner in Vidarbha’s Nagpur district, was convicted for five years in the ₹125 crore Nagpur District Central Cooperative Bank scam, the state legislature disqualified him from the lower house on Saturday. The strength of Congress in the Assembly, whose term ends in October next year, has dropped to 44 after Kedar’s disqualification.

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The notification disqualifying Kedar was issued by state legislature secretary Jitendra Bhole as per provisions in article 191 (1)(e) of the Constitution of India read with section 8 of the Representation of People’s Act. The action was taken after Nagpur police informed the legislature about his conviction.

“Now, therefore, in accordance with sub-clause (a) of clause (3) of article 190 of the Constitution of India, the seat of Shri Kedar, has become vacant from the date of his conviction, i.e. 22nd December 2023,” the notification stated.

Kedar was convicted under sections 406, 409, 468, 471, 120(B) and 134 of the Indian Penal Code by an assistant chief judicial magistrate in Nagpur on Friday. He was sentenced to five years of rigorous imprisonment along with a fine of ₹12.50 lakh.

“After conviction of more than two years, any member automatically becomes disqualified as per the ruling in Lily Thomas case,” said Bhole.

Lily Thomas was a Kerala based lawyer who filed a public interest litigation in the apex court in 2005 challenging the protection of convicted legislators from disqualification. In 2013, the court ruled that if a sitting member of the Parliament or state legislature is convicted of any offence under sub-section (1), (2), and (3) of Section 8 of the Representation of People’s Act, then “by virtue of such conviction and/or sentence”, they stand disqualified.

“The disqualification can be reviewed if any upper court stays the conviction awarded by the Nagpur court,” said an official from the state legislature.

Congress spokesperson Atul Londhe alleged there was discrimination while taking action against opposition legislators. “We respect the law, but it should be same for legislators from ruling as well as opposition parties. Vikram Saini, an BJP MLA from Muzaffarnagar was not disqualified despite being convicted. BJP MP Naran Kacchadiya from Amreli in Gujarat was not disqualified even after the High Court rejected his plea, whereas Rahul Gandhi was disqualified within hours of his conviction by a Gujarat court. This suppressive politics will finish democracy,” said Londhe.