Even after 3 days of the conviction of Gomia MlA Yogendra Mahto in coal theft related case in Ramgarh, the JMM legislator is yet to get disqualified from the State Assembly Membership enjoying all the facilities and privileges of an MlA. Mahto is still accompanied with security guards and official vehicle, said locals.
The situation has arisen as the Jharkhand Assembly is yet to receive an official communiqué from the District Administration in this regard. The District Administration has also stated that it had not forwarded the communiqué till Saturday evening, but will be dispatched positively by Monday.
Technically, Mahto lost his Assembly membership the moment he was convicted in the case, but the Assembly Secretariat would notify the termination order only after receiving the ruling formally. Jharkhand Vidhn Sabha Secretary Vinay Kumar Singh also asserted that action could be taken only after receiving the court order formally.
The Supreme Court in 2013 had ruled that an MP of MlA convicted of any offence attracting a punishment of two years or above would be disqualified immediately. He would also not be able to contest elections for the next 10 years as per the ruling of Supreme Court.
“We have not yet received any information in this regard from anywhere, but we have been told that it will reach us by Monday as it was still in process,” said Singh. He, however, assured that his membership of Jhakrhand Vidhn Sabha will be considered withdrawn from the date of his conviction.
“There should not be any delay in withdrawing the membership of a convicted MlA as the Speaker has only to pass the order on the basis of the certified copy produced before him by anybody,” said former Advocate General Anil Sinha.
Meanwhile, sources revealed that the delay occurred due to confusion over name of MlA where he has been named as Yogendra Prasad Mahto in the convicted order but has been elected for Jharkhand Assembly as Yogendra Mahto. The confusion, however, is said to have been removed making required corrections in this regard paving way for the cancellation of his membership.
The Court of Sub-Divisional Magistrate RP Mala convicted Mahto and four others including the MlAs brother Chitragupt Mahto. Though, he was immediately arrested following his conviction, but was later released after bail application was filed on his behalf seeking bail from the same court.
Earlier, Mahto was in Congress Party, who joined AJSU Party and was known for his closeness with Water Resources and Sanitation Minister Chandra Prakash Chaudhary, but later joined JMM few years back.