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This is an archive article published on October 21, 2013

Congress MP Masood first to be disqualified after Supreme Court order

He was guilty of fraudulently nominating undeserving candidates to MBBS seats across India.

Convicted Congress leader Rasheed Masood on Monday became the first MP to lose his seat after the Supreme Court struck down a provision that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

Masood,66,was held guilty in a case of corruption and other offences in September. 

Sources said the notification formally announcing a vacancy in the Rajya Sabha following Masood’s disqualification was issued by Rajya Sabha Secretary General Shumsher K Sheriff. A copy of the notification has been sent to the Election Commission for necessary action,the sources said.

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Lok Sabha MPs Lalu Prasad and Jagdish Sharma,both convicted in the fodder scam,are set to be formally disqualified as the Lok Sabha secretariat is likely to follow suit.

Masood,Union Minister of Health in 1990-91,was held guilty of fraudulently nominating undeserving candidates to MBBS seats allotted to Tripura in medical colleges across the country from the central pool.

Special CBI Judge J P S Malik held Masood guilty of offences under the Prevention of Corruption Act and IPC Sections 120-B (criminal conspiracy),420 (cheating) and 468 (forgery).

Masood’s conviction is the first case after the Supreme Court,on July 10,struck down sub-section 4 of section 8 of the Representation of the People Act,under which incumbent MPs,MLAs and MLCs can avoid disqualification till pendency of the appeal against conviction in a higher court.

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