A plea challenging the automatic exclusion of members of elected legislative bodies upon conviction on Saturday was filed in the Supreme Court, a day after Congress leader Rahul Gandhi was barred from the Lok Sabha after being found guilty by a Surat court.
According to Bar and Bench, the petitioner has questioned the constitutionality of Section 8(3) of the 1951 Representatives of People Act.
Gandhi was removed from the Lok Sabha on Friday, one day after he was found guilty of criminal defamation by a Surat court.
Aabha Muralidharan, a scholar and social activist, asks that Section 8 (3)’s automatic disqualification be declared ultra vires of the Indian Constitution since it is arbitrary and unconstitutional in her petition.
MPs and MLAs who are convicted of a crime and receive a sentence of two years or more in jail are prohibited from running for office starting on the day of their conviction, according to Section 8 (3) of the Representation of the People Act, 1951.
The appeal also argued that Section 8(4) of the Act is being exploited in light of the Supreme Court’s Lily Thomas ruling, according to Mint.
The current situation provides a blanket disqualification, regardless of the nature, gravity, and seriousness of the offenses allegedly committed against the concerned Member. It also provides for a “automatic” disqualification, which is contrary to the principles of Natural Justices, as a number of convictions are overturned at the appellate stage and under such circumstances.
Rahul Gandhi has been banned from the Lok Sabha after being found guilty by an Indian court under the parameters of Article 102(1)(E) of the Indian Constitution read with Section 8 of the RPA, 1951, according to a tweet from the BJP’s Amit Malviya.”
“Is Congress trying to have him elected from abroad to the Indian parliament? “He queried.