The plea, by scholar and social activist Aabha Muralidharan, seeks direction that automatic disqualification under Section 8 (3) be declared as ultra vires of the Constitution of India, for being arbitrary, illegal
Aday after Congress leader Rahul Gandhi was disqualified from the Lok Sabha following his conviction by a Surat court, a petition has been filed in the Supreme Court challenging the automatic disqualification of representatives of elected legislative bodies after conviction on Saturday.
The petitioner has challenged the constitutional validity of Section 8(3) of the Representatives of People’s Act, 1951, as per Bar and Bench.
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Gandhi was disqualified from Lok Sabha on Friday, a day after he was convicted by a Surat court in a 2019 criminal defamation case.
The plea, by scholar and social activist Aabha Muralidharan, seeks direction that automatic disqualification under Section 8 (3) be declared as ultra vires of the Constitution of India, for being arbitrary, illegal.
As per Section 8 (3) of the Representation of the People Act, 1951, MPs or MLAs convicted of any offense and sentenced to imprisonment for two years or more shall be disqualified from the date of conviction.
The plea further contended that the Lily Thomas judgment of the SC which struck down Section 8(4) of the Act, is being misused, Mint reported.
“The operations of Lily Thomas are being blatantly misused for wreaking personal vengeance in political parties and the present scenario provides a blanket disqualification, irrespective of the nature, gravity, and seriousness of the offences, allegedly against the concerned Member, and provides for an “automatic” disqualification, which is against the principles of Natural Justices, since various convictions are reversed at the appellate stage, and under such circumstances, the valuable time of a member, who is discharging his duties towards the public at large, shall be rendered futile,” the petition stated.
Meanwhile, the BJP’s Amit Malviya in a tweet said, “Rahul Gandhi has been disqualified from LS after he was convicted by an Indian Court in terms of provisions of Article 102(1)(E) of the Constitution of India read with Section 8 of the RPA, 1951.”
“Is Congress looking to get him elected to Indian parliament from a foreign country?” he asked.
