NEW DELHI: The formal disqualification of RJD chief Lalu Prasad from the membership of Lok Sabha following his sentencing on October 3 could take some time but the process began on Monday. As per law, the Jharkhand administration is supposed to inform LS Speaker Meira Kumar within 24 hours about the arrest of the former Bihar CM and charges slapped against him.
Once the punishment is announced — and if it is two years and more — the LS Speaker will have to inform the Election Commission (EC) that Prasad stands disqualified under Article 102 of the Constitution and that his seat is vacant and a process for bye-election may be initiated against the vacant seat. Prasad represents Bihar’s Chapra constituency in LS.
The EC has already communicated to Meira Kumar and assemblies and the chairperson of Rajya Sabha about the July 10 judgment of the Supreme Court that had struck down Section 8(4) of the Representation of People (RP) Act, which till then allow convicted lawmakers to hold on to their seats during pendency of their appeals.
The apex court also threw out the petition seeking review of the verdict, forcing the government to bring a bill to change the RP Act so that the status quo ante was restored. But when the Bill was stalled by the Opposition BJP, the Union Cabinet cleared an ordinance, just few days before Prasad’s verdict came. Even the ordinance is likely to be withdrawn by the government after Congress vice-president termed it as “nonsense”, leaving no hope for the former Bihar CM.
[divide]Source: TOI