Disqualification of an MLA

Disqualification of an MLA 

The Supreme Court recently ruled that the “charge-sheeted MPs and MLAs, on conviction for offences, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal.” According to the Bench of justices, the Section 8 (4) of the Representation of the People Act is unconstitutional since it gives protection to MPs and MLAs and allows them to continue in office even after conviction if they appeal before a higher court within three months. The Act has been misused by the convicted legislators as they could file an appeal against their convictions and get a stay on the sentence.

While striking down this section, the bench pointed out the existing dichotomy – while convicted individuals could be disqualified from contesting elections, yet they are allowed to remain the Members of Parliament and State Legislatures. As per the apex court verdict, if an MLA is convicted of any offence (and sentenced to imprisonment) under Sections 8 (1) (2) and (3), he/she must be disqualified “from the date of conviction.” The court also ruled that the MLA will remain disqualified for “a further period of six years since his release”.

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