Fresh guidelines to deal with disqualification

Days after the conviction of MPs Lalu Prasad Yadav and Rasheed Masood, the UPA government has decided to frame fresh guidelines to deal with situations where elected representatives stand disqualified immediately upon conviction after a recent Supreme Court ruling on convicted legislators. It is learnt that the attorney-general G.E. Vahanvati has made it clear that following the top court ruling convicted MPs and MLAs stand disqualified immediately upon their conviction. The need was felt for clear procedure to notify the disqualification and the subsequent vacancy of seats by the Rajya Sabha and Lok Sabha secretariats and the Election Commission. As reported by this newspaper last week, the Lok Sabha secretariat had sought the opinion of the AG following the conviction of RJD leader Lalu Prasad in the fodder scam. The A-G has stated that the disqualification would be immediate. However, he has not stated what procedure needs to be followed. The Supreme Court had, in its July 10 judgment, struck down a provision in the electoral law that protects a convicted legislator from disqualification on the ground of pendency of appeal in higher courts. Sources in the law and justice ministry said those dealing with disqualification of MPs want clarity on who will take a final call on disqualification and the rules to be followed. They said the emerging view is that in case of a conviction of an MP or an MLA, the trial court or the State Election Commission can send the certified copy of the judgement to the presiding officer of the concerned House or state legislature. The presiding officer can then inform the Election Commission about the vacancy following disqualification. The EC, on its part, can proceed if it wants to hold a bypoll. The Law Ministry is of the view that rules regarding the same have to be framed at the earliest. “It will ensure that there is no confusion on the issue that a convicted legislator stands disqualified immediately,” sources said. Lalu and Masood are two MPs who were convicted after the Supreme Court ruling. Last week the government has withdrawn an ordinance and bill which sought to negate the judgement. The SC verdict seeks to remove the discrimination between a citizen and an elected legislator who enjoys protection under the Representation of People Act.