Date:05/02/2005 URL: http://www.thehindu.com/2005/02/05/stories/2005020513241300.htm

National

Legal position on convicts contesting elections

By Our Special Correspondent

NEW DELHI, FEB. 4. If a member of Parliament or Legislative Assembly is convicted by a court during his tenure, he or she cannot contest the next elections on the expiry of the term, taking advantage of the "exception" clause in the election law, the Supreme Court has held.

Under Section 8 (4) of the Representation of the People Act, sitting MLAs and MPs, if convicted and sentenced to more than two years imprisonment during their tenure, can continue if their appeal against the order of conviction is pending with a higher court and if the sentence has been stayed.

The Supreme Court on January 12 held that the object of the saving clause was to protect the strength of the House and that of the party concerned.

It held that the factum of pendency of an appeal against conviction was irrelevant and inconsequential, if, on a given date of filing nomination, the conviction existed, then a person, whether he was a sitting MLA or not, was debarred, from contesting the polls.

A subsequent decision in appeal or revision setting aside the conviction or sentence or reduction in sentence would not have the effect of wiping out the disqualification which did exist on the date of filing of nomination.