SC dismisses plea for disqualification of MPs, MLAs

The Supreme Court on Wednesday rejected the Centre’s plea to review a verdict quashing the privilege enjoyed by MPs and MLAs against disqualification despite their conviction in a criminal case.

A bench of justices A K Patnaik and S J Mukhopadhaya, however, agreed to reconsider their judgment barring a person in judicial or police custody from contesting elections.

Dismissing the review petition, the court said there was no error apparent in its July 10 verdict. It said Parliament can go ahead with an amendment.

“There is no error on the face of the law but there can be on interpretation. We found that there are lacunae in law in this regard which can be considered by the legislatures,” the court said.

Parliament accepted it while introducing an amendment to the Representation of People Act, which was passed by the Rajya Sabha, the bench said.

“We are not inclined. It is a well considered judgment. Everybody should accept it. We are glad that Parliament has accepted.”

Agreeing to hear the review petition, the court said: “We had not interpreted the RP Act. It was first done by the Patna High Court on a PIL filed by NGO ‘Jan Chaukidar’ and we upheld it. “It (RP Act) is clumsily drafted. Legislatures created all the confusion. They are not ready to accept their mistake,” the court said, pointing out that even the Centre had challenged the 2004 verdict of the high court in the apex court.

It was, however, quick to add that exhaustive disqualification was mentioned in Article 102 of the Constitution for legislators and it must not be confused with other such conditions in some other act. 

The court issued a notice to the Election Commission and the NGO and fixed the matter for hearing on October 23.

Additional Solicitor General L N Rao, representing the government, submitted that there was a difference between elector and voter. Rules for disqualification of a voter could not be applied to a contestant in the elections.

The apex court had then noted that sections 4 and 5 of the Representation of People Act - which laid down qualifications for MPs and members of state legislatures respectively - clearly stated that the aspirant must be an elector (voter) in any parliamentary or Assembly constituency in that state. 

According to Section 62 (5) of the act, dealing with “right to vote,” people should not vote in any election if they are confined to a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of police.