Centre against convicted MP exit

New Delhi, September 22

Immediate disqualification of legislators on conviction in a criminal case could have serious consequences for a government surviving on a razor edge-thin majority, the Centre has told the Supreme Court.

In an affidavit, the government said convicted MPs/MLAs need not be automatically disqualified as they had the right to challenge such a verdict before an appellate court.

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It said such immediate disqualification would reduce the strength of the House and decrease the number of members of the party to which such a convicted lawmaker belonged. Disqualification of even one member may also have a deleterious effect on the functioning of a government that may be surviving on a razor-thin majority.

The affidavit was filed in response to a PIL filed by Lok Prahari, an NGO, that wanted the court to declare that law does not provide for stay of conviction as in some cases convicted lawmakers were contesting polls after obtaining stay of conviction.

The Supreme Court had asked the Central government to clarify why MPs and MLAs convicted by a court should be treated as a “special class”. — TNS