News / बातमी
News : Supreme Court declines to hear petition against automatic disqualification of convicted MPs/MLAs under RP Act.
- The Supreme Court has rejected a petition that questioned the validity of section 8(3) of the Representation of the People Act, which deals with the automatic disqualification of MPs and state legislators who have been convicted and sentenced to two years or more in a criminal case.
- The counsel for the petitioner argued that this provision is against the constitution as it limits the free speech of an elected member of parliament or legislative assembly.
- The court dismissed the plea, stating that only an aggrieved party can challenge the provision and that the petitioner must either withdraw the plea or it will be dismissed.
- Section 8(3) of the RP Act disqualifies a person convicted and sentenced to imprisonment for not less than two years from the date of conviction until six years after their release.
- The plea argued that this section creates ambiguity and contradicts other provisions of the RP Act.
- It also suggests that factors such as the nature of the crime, the role of the accused, and moral turpitude should be considered when determining disqualification.
- However, the court did not entertain these arguments, stating that the petitioner must be personally affected by the provision to challenge it.