Plea in SC challenges automatic disqualification of lawmakers upon conviction and 2-year sentence

Updated: Mar 25 2023 12:52PM

New Delhi, Mar 25 (PTI) A plea has been filed in the Supreme Court challenging the "automatic disqualification" of lawmakers upon their conviction and being sentenced to a jail term for two years or more according to section 8(3) of the Representation of the People Act.

The plea, filed by a Kerala-based social activist, said the immediate reason for approaching the apex court was a recent development related to Congress leader Rahul Gandhi's disqualification as a member of Parliament from the Wayanad Lok Sabha constituency, after he was convicted by a court in Gujarat's Surat in a 2019 criminal defamation case.

The petitioner, Aabha Muralidharan, has sought a declaration that the automatic disqualification under section 8(3) of the Representation of the People Act, 1951 is ultra vires the Constitution for being "arbitrary" and "illegal".

Press Trust Of India (PTI) is India's premier news agency, with a reach as vast as the Indian Railways'. It employs nearly 400 journalists and 500 stringers to cover almost every city and small town in India. Collectively, our journalists put out more than 1,000 stories and 250 photographs including graphics every day to feed the appetite of the diverse subscribers, who include the mainstream media, the specialized presses, research groups, companies, and government and non-governmental organizations.

General Access

Add On Customer Packages

The Press Trust Of India Ltd.

PTI building 4, Parliament Street, New Delhi-110 001

© PTI 2021, All Right Reserved

Designed by: 4c Plus