Ministry moves Cabinet note to amend poll law
The Union law and justice ministry has moved a Cabinet note to amend the Representation of the People Act wherein a legislator cannot be disqualified after conviction if the appeal is pending before a court and sentence is stayed.
However, the amendment makes it clear that the convicted legislator will continue to take part in proceedings of Parliament or state legislature although he shall neither be entitled to vote nor draw salary and allowances till the appeal or revision is finally decided by the court.
Sources stated that the cabinet note seeks to negate a Supreme Court judgement on the issue.
The note proposes that the amendment to the Representation of the People Act shall come into effect from July 10, 2013, the day the Supreme Court gave the judgment. The cabinet note is expected to come up for consideration by the Union Cabinet in the next few days.
“Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), a disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of ninety days from the date of conviction and such conviction or sentence is stayed by the court,” the Cabinet note says.
“Provided that till the appeal or revision is finally decided by the court, the member shall neither be entitled to vote nor draw salary and allowances, but shall continue to take part in the proceedings of Parliament or the legislature of a state, as the case may be,” it adds.
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