Convicted Karnataka MLAs bank on appellate relief to escape disqualification

Bengaluru: The ruling Congress has been reduced to 133 seats in the 224-member Assembly following the conviction of Dharwad Rural MLA Vinay Kulkarni, triggering his disqualification under the Representation of the People Act, 1951.

A special court in Bengaluru, on April 17, 2026, sentenced Kulkarni to life imprisonment for the murder of BJP leader Yogeshgouda Goudar, holding that the killing was premeditated.

As the sentence exceeds two years, it attracts immediate disqualification (additional six years after completion of sentence) under Section 8(3) of the RP Act.

The earlier protection for legislators under Section 8(4) is no longer valid after the Supreme Court’s ruling in Lily Thomas vs Union of India, which made disqualification automatic upon conviction, unless the conviction itself is stayed. 

Kulkarni, arrested by CBI on November 5, 2020, was on bail when the trial concluded. 

The Assembly Speaker needs to notify the vacancy once the certified copy of the court order is received, said an official. 

Kulkarni could escape disqualification if conviction is suspended by higher court. The development has drawn attention to how appellate relief can alter consequences of conviction.

In October 2024, Karwar MLA Satish Sail was convicted in six cases related to the 2010 Belekeri port iron ore scam and given a seven-year sentence, leading to his disqualification.

However, the High Court of Karnataka suspended his conviction as an interim measure to “protect” his legislative status, while restricting his participation in Assembly proceedings, voting or drawing MLA’s perks.

Gali Janardhan Reddy, arrested by the CBI in September 2011 in the OMC illegal mining case, spent 1,233 days in jail before securing bail.

On May 6, 2025, the CBI special court convicted Reddy and sentenced him to seven-year rigorous imprisonment, leading to his disqualification as MLA. However, the Telangana High Court suspended his conviction and sentence, citing he had already served 50% of the sentence and granted him bail. His disqualification was revoked.