In a bizarre case of how people’s representatives sneak through loopholes in the system, former MlA of Dhanwar Assembly constituency remained a member of the State legislative Assembly more than 11 months post his conviction until he put in his papers on his own. And, this is despite the landmark verdict of the Supreme Court passed last year for immediate disqualification of people’s representatives if they are convicted for two or more years in a criminal case.
Nizamuddin Ansari, a former JVM MlA from Dhanwar Assembly constituency of Giridih, was convicted in a criminal case for two years’ imprisonment and fine by the First Class Judicial Magistrate’s court in Giridih on November 30, 2013. However, the former legislator was neither disqualified for contesting polls nor was his membership from the House terminated due to “lack of information”.
Ansari enjoyed his stint as an MlA 11 months post his conviction till November 11, 2014 when he himself resigned from the post for joining the Jharkhand Mukti Morcha. The fact was revealedon Monday when his nomination was rejected by the Returning Officer of Dhanwar constituency. “The nomination was rejected on the basis of his conviction by a lower court in a criminal case,” said District Election Officer cum Deputy Commissioner of Giridih Dr Mukesh Kumar Verma.
The Supreme Court of India, in its judgement of the lily Thomas Vs. Union of India case (along with lok Prahari v. Union of India), July 10, 2013, ruled that any Member of Parliament (MP), Member of the legislative Assembly (MlA) or Member of a legislative Council (MlC) who is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of the House with immediate effect.
The order has called for immediate disqualification of several MPs and MlAs including RJD chief lalu Prasad Yadav and former Tamilnadu CM J Jayalalitha from legislative houses. However, this did not happen in Ansari’s case. Even today the state legislative Assembly doesn’t have any information regarding Ansari’s conviction.
“It is not in my knowledge. He has already resigned so what else can be done. The Assembly secretariat would have details,” said Assembly Speaker Shashank Shekhar Bhokta. The Secretary of the Assembly Sunil Kumar Singh also denied having any information about the case as he said they have “not received any official notice” from anywhere about Ansari’s conviction and sentencing -- a fact that was reconfirmed from the Assembly Secretariat officials.
Former Advocate Genral of Jharkhand and Senior High Court lawyer Anil Sinha said that such a case was “possible” as he (Ansari) might have deliberately concealed the fact and “did not let it (the notice) reach the House.”
“The information should have reached the House from the local court but it did not. There could have been lapses -- deliberate or inadvertent - to be inquired properly. He might have got the news die down at the local level itself. Has it been in Ranchi or somewhere else the news would have rose to prominence,” said Sinha.
Officials of the Giridih Judicial offices, on the other hand, denied giving any information on the issue calling the matter was “subjudice” and one needs to come through “proper channel” for seeking any information on whether any communication was sent to the State legislative Assembly by the local court.
Registrar General of the Jharkhand High Court AK Chaudhury, on the other hand, informed that it was the duty of the local court to inform the concerned House of Representatives about the conviction. “Yes it is the duty of the lower court and also the Deputy Commissioner of the district through the Additional Public Prosecutor (APP) to inform the concerned authorities,” said the Registrar General.
Ansari had also kept the JMM party in dark over his conviction. “No we had no information about the cases and his conviction,” said JMM Spokesperson Supriyo Bhattacharya, adding that the party would initiate action only after the elections are completed.