The MLA lost his membership after he was convicted in DA case

Assembly Speaker Rabindra Nath Mahto on Friday issued a notification disqualifying Mandar MLA Bandhu Tirkey as a member of the Jharkhand assembly, after a CBI court convicted the legislator for having disproportionate assets.

On March 28, the court of Special Judicial Commissioner and CBI Prabhat Kumar Sharma awarded Bandhu Titkey three years of rigorous imprisonment and a fine of Rs three lakh. The court found him guilty under various sections of IPC and the Prevention of Corruption Act. The court said that Bandhu Tirkey misused his official position as MLA and Minister in the Madhu Koda led by the government to raise assets. Tirkey is the sixth MLA from Jharkhand Assembly, who lost his membership.

According to the law, if a public representative is convicted with a minimum of two years of imprisonment, he or she shall lose membership. Bandhu Tirkey will be disqualified from contesting the election. The law says that such conviction shall continue to be disqualified for a further period of six years since his release.

The case RC 5 (A)/ 2010 was lodged against him by the CBI for possessing disproportionate assets worth Rs 7.22 lakh. During the trial, the CBI produced 21 witnesses whereas Bandhu Titkey produced eight witnesses to prove his innocence. The investigation and the trial of this case always kept him on the tenterhook.

In 2008, petitioner Durga Oraon filed a PIL before the Jharkhand High Court to seek a probe of the assets of the then chief minister Madhu Koda and his cabinet ministers. After the High Court’s ruling, the CBI took up the investigation from the Vigilance Bureau.

In another development, the row over disqualification of BJP Kanke MLA Samri Lal has reached Raj Bhawan. Assembly speaker, Rabindra Nath Mahto has forwarded the letter of Caste Scrutiny Committee to cancel the caste certificate of Samri Lal and the application of Congress leader Suresh Baitha to Governor Ramesh Bais.

The Speaker has written that in such cases, Article 192 of the Constitution has the right of the Governor to take a decision. As per the provision, the Governor will take the final decision in this matter after consultation with the Election Commission (EC).

The Speaker has also referred to clause (2) of Article 371A of the Constitution in the letter. According to this, only a person belonging to the same caste can become an MLA on a seat reserved for Scheduled Castes.

Since the committee has cancelled Samri Lal's caste certificate, it is clear that his eligibility to continue as an MLA has been affected. It is worth mentioning that in the 2019 assembly elections, Congress candidate Suresh Baitha came second from Kanke seat.