A Chandigarh-based advocate and legal activist HC Arora on Sunday issued a notice to Punjab Chief Minister Bhagwant Mann urging the immediate removal of Cabinet Minister Aman Arora in the light of his recent conviction on December 21, 2023, in a family dispute matter.
The conviction, handed down by the Sunam’s Court of Sub-Divisional Judicial Magistrate Gurbhinder Singh Johal, has raised concerns about the continued participation of the convicted Minister in the state's cabinet.
The notice, served on December 27, emphasized that Arora's conviction, under various sections of the Indian Penal Code (IPC), has triggered an “automatic disqualification” as a Member of the Legislative Assembly (MLA). This disqualification is in line with the guidelines established by the Supreme Court of India in the Lily Thomas case (2013), stating that elected representatives lose their membership if sentenced to jail for a minimum of two years.
The notice also highlighted the specific sections of the IPC under which Arora was convicted — section 452 and sections 323, 148, 149 — stressing that the conviction has not been stayed pending appeal.
The Supreme Court's judgment, referred to in the notice, clarifies that even if convicted legislators file an appeal, they are not protected by Section 8(4) of the Representation of the People Act, 1951. Consequently, Arora's disqualification from the Vidhan Sabha is immediate and will only be reconsidered if his conviction is stayed in appeal, said the lawyer.
Advocate Arora cautioned that any failure to comply with the Supreme Court's order may lead to contempt charges. The notice urged the Chief Minister Mann and the Punjab Government to take the necessary steps to adhere to the legal directives. “Please act accordingly otherwise, you will be guilty of contempt of the order of the Supreme Court of India, and may also face a PIL on opening of courts after winter vacations,” he added.
He pointed out that Arora has automatically lost membership of Vidhan Sabha, and is therefore, “no longer entitled to participate in meetings of Cabinet of Ministers, until his conviction is stayed in appeal. He is also not entitled to exercise powers of Cabinet Minister till then”.
