Plea seeks removal of convicted MPs,MLAs

“The Act has been imposed by the political parties for their vested interests and against the wish and interest of the general public/citizen of India,allowing criminal MLAs and MPs to contest the election as well as to vote in the Houses/Parliament/Assemblies,” M L Sharma,who had filed the plea,told the court of Chief Justice N V Ramana and Justice Manmohan on Monday.

The plea further stated,“A person lost his basic fundamental right except provided under Articles 21 and 22 for speedy hearing and counsel for his choice and information,but he lost his right of freedom and others. Right to vote is a legal right and can not be allowed within the concept of the constitution.”

On July 10,the Supreme Court had ruled that an MP or an MLA would be immediately disqualified if convicted by a court in a criminal offence with a jail sentence of two years or more. The apex court had struck down Section 8 (4) of the Representation of the People Act,1951,which protects convicted legislators from disqualification if they appeal before a higher court within three months.

Sharma had earlier filed a similar plea before the Supreme Court,which had been dismissed in November this year.

The High Court,however,directed Sharma to file a copy of the July 10 Supreme Court judgment which had initially banned jailed persons from contesting.

The High Court will hear the case next week.