Lok Sabha revokes Afzal Ansari's disqualification after SC order, but he can't attend House

New Delhi: The Lok Sabha Secretariat on Thursday revoked the disqualification of BSP leader Afzal Ansari as a member of the Lower House after the Supreme Court conditionally suspended his conviction in a Gangsters Act case.

While suspending his sentence in December last year, the apex court had said that Ansari will not be entitled to participate in House proceedings. He shall also not have the right vote in the Lok Sabha or to draw any perks or monetary benefits.

Ansari's status as a lawmaker has been restored but with curtailed rights. He will not be able to attend the forthcoming Budget Session of Parliament.

In a notification, the Lok Sabha Secretariat noted that the apex court had suspended the conviction of Afzal Ansari, who represented the Ghazipur seat of Uttar Pradesh in the Lok Sabha, subject to certain conditions.

"In view of order dated December 14, 2023 of the Supreme Court of India, the disqualification of Afzal Ansari (notified May 1, 2023)... has ceased to operate subject to the conditions imposed by the Supreme Court of India and further judicial pronouncement," the notification said.

The top court had last month conditionally suspended the conviction of Ansari in a 2007 case under the Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act, 1986 saying his Ghazipur constituency will be deprived of its legitimate representation in the legislature since a by-election may not be held given the remaining tenure of the current Lok Sabha.

A bench of justices Surya Kant, Dipankar Datta and Ujjal Bhuyan, in a majority judgement of 2:1, had directed that the Ghazipur parliamentary constituency shall not be notified for by-election in terms of provisions of the Representation of the People Act (RPA) till the high court has decided Ansari's appeal against his conviction.

While justices Kant and Bhuyan delivered the majority verdict, Justice Datta dismissed Ansari's appeal against the Allahabad High Court order.

The majority verdict had said, "The appellant (Ansari) shall, however, not be entitled to participate in the proceedings of the House. He shall also not have the right to cast his vote in the House or to draw any perks or monetary benefits."

It said the continuance of Members of Parliament Local Area Development (MPLAD) schemes in Ghazipur parliamentary constituency in Uttar Pradesh, without Ansari being associated for the release of grants for such schemes, is not an irrevocable consequence as all such schemes can be given effect, even in the absence of the local parliamentary representative.

The bench said Ansari shall not be disqualified from contesting future elections during the pendency of his criminal appeal before the high court and, if elected, such election will be subject to the outcome of the appeal.

The Allahabad High Court had on July 24 last year refused to suspend Ansari's conviction but granted him bail in the case.

He had appealed against the judgment of a special MP/MLA court that had sentenced him to four years of imprisonment and imposed a fine of Rs 1 lakh.

Ansari was disqualified as a member of the Lok Sabha on May 1 after being convicted and sentenced in the kidnapping-murder case.

A sentence of two years or more in a case leads to automatic disqualification of a lawmaker from Parliament or state assembly.

The term commonly used for it is 'disqualification upon conviction'.