The Election Commission on Wednesday ordered Chief Secretaries of all the States and Union Territories to implement the Supreme Court directive of July 10 barring convicted MPs and MlAs from continuing in office. The EC’s move comes even as the Centre, backed unanimously by all the political parties, prepares to challenge the apex court’s verdict.
The Commission’s Principal Secretary KF Wilfred directed the administrations concerned to evolve a fool-proof mechanism for tracking and reporting of conviction of legislators on a monthly basis, preferably by the 15th of every month.
The apex court had struck down Section 8(4) of the Representation of Peoples Act that provided that convicted member of an elected house could remain in office till his appeal was pending before a higher court.
The Supreme Court judgement means, an MP/MlA stands to be instantly disqualified if he gets convicted and the seat would fall vacant. Centre has been contemplating review of the decision and a regional party has already approached court on this issue.
The poll body thought it fit to issue the order in compliance of the apex court’s decision, which said, “If any sitting member of Parliament or State legislature is convicted or sentenced to imprisonment or fine after the date of this judgment and if the provisions of sub-section (1), (2), and (3) of Section 8 are attracted, he/she will be disqualified from membership forthwith and his/her seat will become vacant.”
To realise this goal, the EC stated, “In order to monitor such cases, it is necessary to have a system in place so that cases of conviction of sitting members of Parliament and State legislature are immediately communicated to the Speaker/Chairman of the House concerned and to the Commission.”
It asked the Chief Secretaries of states/UTs to involve the office of Advocate General/Directorate of Prosecution or other channels for tracking and reporting on convictions. The said information would then be submitted to the Commission by 15th of every month through the Chief Electoral Officer of the state.