Vikram Saini, the convicted Bharatiya Janata Party MLA from Khatauli (Muzaffarnagar) remains a member of the UP Assembly as the notification declaring his disqualification from the membership of the House was not issued on Saturday.
Senior Samajwadi Party leader and MLA Mohammed Azam Khan was disqualified within 24 hours of his conviction by the Rampur court. The assembly secretariat issued the notification declaring the Rampur assembly seat as vacant.
Legal experts have termed the delay in issuing notification by the assembly secretariat as “delaying tactics”.
“There is a clear provision for disqualification under Section 8 (3) of the Representation of People Act if an MLA has been convicted for two years or more. There is no point in seeking legal opinion on the issue. Such moves can only be called delaying tactics,” said former judge CB Pandey.
Sources in the assembly secretariat had said on Friday that they had sought the opinion of the Law department and advocate general (AG) on the issue of disqualification of BJP MLA from Khatauli, Vikram Saini, and declaring the assembly seat vacant.
The sources also confirmed that the copy of the court order pronouncing the conviction of Vikram Saini had been received by the assembly secretariat.
Rashtriya Lok Dal chief and Rajya Sabha member Jayant Chaudhary questioned the discretion of UP Assembly Speaker Satish Mahana over the delay in action against BJP MLA Vikram Saini.
In his letter to Mahana dated October 29, the RLD MP questioned the state assembly’s expeditious action in disqualification of senior Samajwadi Party leader and MLA Mohammad Azam Khan.
“Hope, you will take note of my letter and act against Vikram Saini in such a manner that upholds healthy traditions of justice,” Chaudhary said in his letter to Mahana.
Speaker Satish Mahana replied to RLD MP Jayant Chaudhary saying he was not the deciding authority for disqualification of MLAs convicted by a court of law. Mahana made a mention of the Supreme Court of India’s order dated July 10, 2013 in petitions number 490/2005 and 231/2005 quoting Section 8(3) of the Representation of People Act and said a convicted member would be automatically disqualified.