Syed Shahabuddin MP or not?
Today, an interesting news item Shahbuddin's name deleted from voters' list in The-Hindu caught my attention (isn't it a smart way of putting things as though one is very busy?!).
It is about disenfranchisment of the honourable member of parliament from Bihar, Syed Sahabuddin of RJD. The reason for deletion is 'eight non-bailable arrest warrants were pending against him'.
Hmm...interesting. We have a MP against whom criminal cases are pending, and this representative of people is at large. The Representation of People (RPA) act, clause 8, cannot be invoked to disqualify him from Parliament membership. It is because he is not convicted by the court of law. Even if he is, then, as per the clause, the conviction should get him a sentence that is atleast 2 years imprisonment. If at all the case is allowed to hear, and if at all, finally, the Supreme Court (too) uphold any such sentence, which will disqualify him from contesting elections, just in case a lower court finds him guilty and it is appealed at the SC, only then RPA clause 8 can be enforced on him. So at this jucture RPA clause 8 is practically useless.
However, this "purposeful deletion with a reason" has created a unique scenario. He is a MP but not an elector. That is, he is a MP but cannot vote. Now that, one of the basic qualification for a person to be a people's representative (MLA or MP or councillor) is s/he should be an elector from any parliamentary constituency of India (there is an exception clause to sikkim MP seat). But Sahabuddin is not eligible to vote any more. Can't this be enough, valid, reason for the Election Commission of India to disqualify his Parliament membership?
The Constitution of India, Article 326 does not support my claim, explicitly. It only disqualifies a person to be an elected member on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice.
The Electoral Laws rules book says "CANDIDATE MUST BE AN ELECTOR" for qualification. However under disqualification section it does not mention whether a non-elector (i.e. whose name is removed from electorate) is disqualified or not. It only mentions about foreign citizenship as a disqualification criterion.
Request you, learned readers, to give your esteemed opinion about this, seems to be, valid question. Ofcourse, the ECI will not be doing this due to political considerations. But I don't want to get into the political angle. I am just wondering whether from judicial/academic/constitutional/executive (or whatever impractical-but-sounds-good adjective you want to use) point of view.
It is about disenfranchisment of the honourable member of parliament from Bihar, Syed Sahabuddin of RJD. The reason for deletion is 'eight non-bailable arrest warrants were pending against him'.
Hmm...interesting. We have a MP against whom criminal cases are pending, and this representative of people is at large. The Representation of People (RPA) act, clause 8, cannot be invoked to disqualify him from Parliament membership. It is because he is not convicted by the court of law. Even if he is, then, as per the clause, the conviction should get him a sentence that is atleast 2 years imprisonment. If at all the case is allowed to hear, and if at all, finally, the Supreme Court (too) uphold any such sentence, which will disqualify him from contesting elections, just in case a lower court finds him guilty and it is appealed at the SC, only then RPA clause 8 can be enforced on him. So at this jucture RPA clause 8 is practically useless.
However, this "purposeful deletion with a reason" has created a unique scenario. He is a MP but not an elector. That is, he is a MP but cannot vote. Now that, one of the basic qualification for a person to be a people's representative (MLA or MP or councillor) is s/he should be an elector from any parliamentary constituency of India (there is an exception clause to sikkim MP seat). But Sahabuddin is not eligible to vote any more. Can't this be enough, valid, reason for the Election Commission of India to disqualify his Parliament membership?
The Constitution of India, Article 326 does not support my claim, explicitly. It only disqualifies a person to be an elected member on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice.
The Electoral Laws rules book says "CANDIDATE MUST BE AN ELECTOR" for qualification. However under disqualification section it does not mention whether a non-elector (i.e. whose name is removed from electorate) is disqualified or not. It only mentions about foreign citizenship as a disqualification criterion.
Request you, learned readers, to give your esteemed opinion about this, seems to be, valid question. Ofcourse, the ECI will not be doing this due to political considerations. But I don't want to get into the political angle. I am just wondering whether from judicial/academic/constitutional/executive (or whatever impractical-but-sounds-good adjective you want to use) point of view.
posted by Kupps at 4:52 PM
4 Comments:
Comment from unlearned
I think you are getting your hopes high. The EC direction to delete a voter's name from voter list based on pending NBW is not legally established (yet) to conclusively make some one lose their voting rights. I doubt if some one goes to SC, this can be decided in EC's favor though EC is fond of throwing Art.324 on the face of anybody challenging its authority. Besides this technicality once a member is elected EC's role is over. It cannot assume the privilege of Parliament's speaker in determining who gets to remain MP and who does not. This would be assigning a perpetual role to EC. I don't think it is mandated under Art.324 nor would decent folks like you prefer that. I also want to clarify that these comments are written from a so called "technical" angle only.
Besides this technicality once a member is elected EC's role is over
Seeni,
i beg to differ here. recently one MP (perhaps a BJP person, im not sure) was served a notice by ECI to reply by Oct end for the charge that she holds an office of profit. As per constitution that is a valid reason for disqualification. This case is not under the purview of house speaker and that is why ECI has issued notice.
I am not sure abt this BJP person either. If indeed that is true, my guess is that during the election, that MP might have signed an affidavit. Now somebody brought this case that this affidavit is not valid. The EC notice may have been asking that MP why he/she did not provide truthful info on the affidavit and in that context only. I would be shocked if that MP is disqualified by EC without the speaker's involvement.
you have a point. perhaps the ECI will send a recommendation to the speaker to "dismiss" that MP, if the charges on the BJP MP found true.
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