Journalism of Courage
Putting an end to speculation about the stand of the presiding officers of two Houses of Parliament in case any MP was convicted in a criminal case,the Attorney General AG has told the government and the Lok Sabha Speaker that RJD supremo Lalu Prasad and Congress Rajya Sabha MP Rasheed Masood were automatically disqualified from membership of their respective Houses immediately after they were convicted.
Congress leader Rasheed Masood gets 4-year jail term in MBBS scam case
Lalu Prasad gets 5-year jail term in fodder scam case,loses Lok Sabha seat
Under Article 103,which deals with disqualification of MPs,whenever a question arises as to whether a member of either House of Parliament attracts disqualification under any law,the matter must be referred for the decision of the President and his decision would be final. However,while deciding the question,the President is bound to obtain the opinion of the Election Commission EC and has to act according to the ECs opinion.
Lalu Prasad to appeal in High Court,family alleges 8216;conspiracy8217;
In his legal opinion,AG Goolam E Vahanvati has said the MPs stood disqualified with immediate effect after their conviction and issuance of notification in this regard was just procedural technicality.
First conviction after SC verdict,Rashid Masood set to lose MP seat
In the past five days,while Masood has been convicted and sentenced to four years in jail by a Delhi court in a corruption case,former Bihar chief minister Lalu Prasad and JDU Lok Sabha member Jagdish Sharma have been sentenced in the fodder scam case.
While there was unanimity that Lalu,Masood and Sharma had lost their seats in Parliament under Section 8 of the Representation of the People Act,what nobody was sure of was the manner and process through which the disqualification would be carried out.
