Govt, EC get SC notices on breather for convicted MPs

The Supreme Court has asked the Centre and the Election Commission to furnish their replies on a petition challenging the constitutional validity of a legal provision allowing convicted members of Parliament or state assemblies to remain in office for three months, from the date of conviction in a criminal case.

Taking up the petition filed by Basant Kumar Chaudhary, who had questioned Section 8(4) of the Representation of People Act, terming it as “unconstitutional, discriminatory and illegal,” a Bench headed by Justice C K Thakker asked the respondents to state their views.

Contending that Section 8(4) provided a grace of three months to the elected representatives to continue in their posts despite their conviction in a criminal case, the petition claims that this provision created two class of citizens, wherein, a preferential treatment was sought to be given to MPs and MLAs. The petitioner said the object of eliminating criminality in the election process was vitiated by the section and hence should be quashed.