EC moves to operationalize Supreme Court order on convicted MPs and MLAs

The Election Commission outlined the model format for filing monthly conviction reports of MPs and MLAs.

NEW DELHI: Even as the government plans to seek review of the Supreme Court ruling providing for disqualification of MPs/MLAsimmediately upon their conviction, the Election Commission has moved to operationalize the judgment by asking the state governments to track and promptly report conviction of MPs/MLAs to Speaker or chairman of the concerned House and to the poll panel.

"If any sitting member of Parliament or state legislature is convicted and/or sentenced to imprisonment/fine after the date of this judgment and if the provisions of sub-sections 1, 2, and 3 of Section 8 (of RPA) are attracted, he/she will be disqualified from membership forthwith and his seat will become vacant. In order to monitor such cases, it is necessary to have a system in place so that cases of conviction ... are immediately communicated to the Speaker/chairman of the House and to the commission," the EC said in a letter sent to chief secretaries of all states and Union territories on Wednesday.

Calling upon the states to devise a foolproof mechanism, by involving advocate general/ directorate of prosecution or other channels, for tracking and promptly reporting cases of conviction of MPs/MLAs/MLCs across courts at all levels in the state, the EC suggested that a prompt report of such convictions be sent to Nirvachan Sadan "to ensure that cases (attracting immediate disqualification) do not go unnoticed".

"The statement may be submitted to the EC by the 15th of every month through the chief electoral officer of the state," the EC said. The commission even outlined the model format for filing these monthly reports.

In a landmark ruling last month, the Supreme Court had held that chargesheeted MPs/legislators, on conviction for offences, will be immediately disqualified from holding membership of the House without being given three months' time for appeal.

A bench of Justice AK Patnaik and Justice SJ Mukhopadhaya struck down as unconstitutional Section 8 (4) of the Representation of the People Act that allowed convicted lawmakers a three-month period for filing appeal to the higher court and to get a stay on the conviction and sentence. The bench, however, made it clear that the ruling would be prospective and those who had already filed appeals in various high courts or the Supreme Court against their convictions would be spared.

Section 8 of the RP Act deals with disqualification on conviction for certain offences: A person convicted of any offence and sentenced to imprisonment for varying terms under Sections 8 (1) (2) and (3) shall be disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his release
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