Recently, after the disqualification of Rahul Gandhi from the membership of the Lok Sabha, the provisions of an Act have come into the limelight, under which from till now 17 MPs have lost their membership. Most of these members Disqualified in the 10th Lok Sabha. Regarding the matter of taking money for asking questions and ‘cross voting’ MPs were disqualified. MPs have been disqualified on various grounds, including political affiliation, conduct unbecoming of a parliamentarian and conviction by a court for offenses punishable with imprisonment of two years or more.

In recent times, Congress leader Rahul Gandhi, Nationalist Congress Party (NCP) leader Mohd. Faisal PP, and Bahujan Samaj Party (BSP) leader Afzal Ansari have been sentenced to two years or more by the courts after their conviction. Disqualified due to prison sentence. He was disqualified under the provisions of the Representation of the People Act. The Representation of the People Act deals with the automatic disqualification of MPs and MLAs if they are convicted of a criminal offense and sentenced to two years or more.

Faizal, who represented Lakshadweep in the Lok Sabha, was disqualified from membership following his conviction and sentence in an attempt to murder case. However, the membership was reinstated after the Kerala High Court quashed the conviction and sentence. Gandhi has moved the Gujarat High Court seeking relief in a criminal defamation case over his ‘Modi surname’ remark. A court in Surat sentenced Rahul Gandhi to two years in jail.

Year 1985 Lalduhoma of the Congress was the first to be disqualified from membership of the Lok Sabha after the anti-defection law came into force in 2010, who filed his nomination papers as a Mizo National Union candidate for the Mizoram Assembly elections. This party was formed by Lalduhoma only. During the Ninth Lok Sabha, when the then Janata Dal leader VP Singh formed a coalition government, nine members of the Lok Sabha were found guilty of violating the anti-defection law, which led to their disqualification.

Although, 10 From the House in the 10th Lok Sabha Most of the members lost their membership. During this 05 Members to ask questions in Parliament Nine were disqualified for indecent conduct by accepting bribes and for ‘cross-voting’ during the trust vote of the United Progressive Alliance (UPA)-I government. In July the Left Front entered into a civil war with the US. Withdrawal of support on the nuclear deal, due to which the government had to face a vote of confidence.

in the year 2006 Six members of the Bharatiya Janata Party (BJP), two of the BSP and one each of the Congress and the Rashtriya Janata Dal (RJD) were expelled from the Lok Sabha for ‘taking money for asking questions’. A Rajya Sabha member of the BSP was also expelled from the House. Former Additional Secretary of Lok Sabha Devendra Singh Aswal said, the decision of expulsion was upheld by the Supreme Court. None of these cases were referred to the President for sanction of removal, as the legislature itself is competent to do so.

In the 10th Lok Sabha, when the then Prime Minister PV Narasimha Rao led the coalition government, four members were disqualified from membership of the house under the anti-defection law. Members lost their membership in the Rajya Sabha as well under the anti-defection law. Among them Mufti Mohammad Sayeed (1988 ), Satyapal Malik (1988 ), Sharad Yadav (2006) and Ali Anwar ( 2017) Are included.

Jharkhand Mukti Morcha (JMM) leader Shibu Soren and Samajwadi Party (SP) member Jaya Bachchan respectively 2006 And 2005 was disqualified from the membership of the Rajya Sabha for holding an office of profit. While Soren was the president of the Jharkhand Area Autonomous Council, Jaya Bachchan was the president of the Uttar Pradesh Film Development Council. The disqualification petition against the then Congress President Sonia Gandhi for holding the office of profit of Chairperson of the National Advisory Council (NAC) had failed as she had resigned from the membership of the Lok Sabha.

Aswal, a member of the Bar Council of India, said that to avoid a possible political upheaval, the Parliament (Prevention of Disqualification) Act, To 1988 April 4, and similar petitions have become infructuous. The apex court’s judgment in the Lily Thomas case clarified the legal position that any conviction involving imprisonment of two years or more would automatically disqualify an elected representative from membership. Aswal said, “The Lok Sabha secretariat only has to notify the vacancy by issuing a notification so that the Election Commission can initiate the process of bye-election.

Consequent to the judgment, Rasheed Masood, Rajya Sabha member of the Congress, was disqualified from membership of the Upper House due to his conviction in a corruption case. Why was declared. RJD chief Lalu Prasad and Janata Dal (United) member Jagdish Sharma were disqualified from the Lok Sabha following their conviction in the fodder scam.

MPParliament Published Date

Sun, May 7, 2023, 10: 43 PM IST