Governor Ram Naik finally disqualified two legislators - Bajrang Bahadur Singh of Bharatiya Janta Party and Umashanker Singh of Bahujan Samaj Party for violating the Representation of the People Act. Both were charged with getting engaged in a private contract in government departments even after they became member of the State Assembly.
Interestingly, this is the first case in the history of the State that any legislator faced disqualification for misusing his office. Earlier, disqualification has been made on grounds of conviction in criminal cases. The BJP MlA represents Rasra segment of Ballia district, the BSP MlA represents Pharenda seat of Maharajganj district.
The Governor took the decision after the state lokayukta and then the Election Commission had recommended the disqualification of these MlAs for violating the provisions of the Representation of the People Act. While BSP’s Umashanker Singh has been disqualified from the day he was elected (March 6, 2012) and the disqualification of BJP’s Bajrang Bahadur Singh would be enforced from October 15, 2012
The Governor in his order said both the MlAs were declared elected on March 6,2012 and that Umashanker Singh was taking government contracts of roads since 2009 while Bajrang Bahadur Singh even took new contracts after being elected on October 15, 2012. The Governor’s order has been sent to the ECI, along with Speaker of the Vidhan Sabha, Chief Minister and other departments.
The Raj Bhawan has sought immediate notification of the order. Earlier, both the MlAs had met the Governor on January 16 last and gave their oral and written submission before him. These MlAs submitted a memorandum to the Governor, pleading that the lokayukta had done injustice to them by recommending their disqualification from Assembly for grabbing government contracts despite being members of the House.
lokayukta Justice (retd) N K Mehrotra had recommended the disqualification of the two MlAs for violating the provisions of the representation of the People Act. The ECI had on January 3 sent its recommendation for disqualification of these MlAs, thus approving the decision of the lokayukta. In an interim report to Chief Minister Akhilesh Yadav in February 2014, the UP lokayukta had recommended that the two MlAs have violated section 9(A)of Representation of the People Act.
The lokayukta had found that the two MlAs continued to work as contractors for PWD even after being elected as MlAs, which is in violation of the RP Act and attracts disqualification. Justice Mehrotra had started the inquiry against Umashankar after a complaint was filed by one Subhash Chandra, alleging that his firm Chhatra Shakti Constructions continued to take PWD contracts even when he became an MlA in March, 2012.
The lokayukta had then asked the list of all those legislators who were workings as contractors and the name of Bajrang Bahadur figured in the list. Justice Mehrotra had then sought replies from both the MlAs. But they could not justified their act and hence he recommended for their disqualification. Section 9(A) in the Representation of the People Act, 1951 says-A person shall be disqualified if, and for so long
as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by, that government. It further says that for the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate government, the contract shall be deemed not to subsist by reason only of the fact that the government has not performed its part of the contract either wholly or in part.