Convicted lawmakers: Govt urges SC to review verdict
14 Aug 2013 5:12 AM IST
The central government on Monday approached the Supreme Court for review of its verdict on convicted lawmakers. The apex court had, in its verdict, said that lawmakers would be disqualified from the date they are convicted.
The court had struck off a provision of the Representation of People Act that protected a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.
In another judgment, the court had said that those arrested would be debarred from contestion elections, excluding the preventive detention.
In the landmark judgment, the Supreme Court had held that if a sitting member of either House of the Parliament or a state legislature is convicted, the member would be disqualified.
The court declared ultra vires a provision – sub-section (4) of Section 8 of the Representation of People Act (RP Act) – which made them eligible to hold the chair if the member files an appeal or a revision in respect of the conviction or the sentence within three months till the appeal or revision is disposed of by the court. It had said that the disqualification takes place from the date of conviction.
The court had struck off a provision of the Representation of People Act that protected a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.
In another judgment, the court had said that those arrested would be debarred from contestion elections, excluding the preventive detention.
In the landmark judgment, the Supreme Court had held that if a sitting member of either House of the Parliament or a state legislature is convicted, the member would be disqualified.
The court declared ultra vires a provision – sub-section (4) of Section 8 of the Representation of People Act (RP Act) – which made them eligible to hold the chair if the member files an appeal or a revision in respect of the conviction or the sentence within three months till the appeal or revision is disposed of by the court. It had said that the disqualification takes place from the date of conviction.
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