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Disqualification of Member of the Legislative Assembly

Disqualification of Member of the Legislative Assembly

PWOnlyIAS

May 10, 2025

Disqualification of Member of the Legislative Assembly

Recently, the Karnataka Legislative Assembly disqualified BJP MLA G. Janardhan Reddy following his conviction in an illegal mining case by a special CBI court in Hyderabad.

Grounds for Disqualification in the Case

  • Conviction in Illegal Mining Case: Reddy was convicted for his role in the Obulapuram Mining Company (OMC) illegal iron ore mining operations, which caused significant losses to the exchequer.
    • The court sentenced him to seven years of rigorous imprisonment and imposed a fine. 
  • Immediate Disqualification: As per Section 8(3) of the Representation of the People Act, 1951, any legislator convicted and sentenced to imprisonment for two years or more is disqualified from the date of conviction.
    • This provision was upheld by the Supreme Court in the Lily Thomas case in 2013, which struck down Section 8(4) that previously allowed a three-month window for appeal. 
  • Impact on Political Career: The conviction not only led to his disqualification but also barred him from contesting elections for six years after his release, unless the conviction is stayed by a higher court. 

Provision for Disqualification under RPA 1951

Disqualification for Specific Offences (Section 8(1))

  • Individuals convicted of  following offences are disqualified from contesting elections.
    • Promoting enmity between groups (IPC Section 153A)
    • Bribery (Section 171E),
    • Undue influence or personation at elections (Section 171F)
    • Rape (Sections 376 to 376D),
    • Cruelty towards women (Section 498A),
    • Making statements promoting enmity (Section 505).
  • This also includes convictions under laws like the Protection of Civil Rights Act, 1955, and the Prevention of Corruption Act, 1988

Disqualification for Economic and Social Offences (Section 8(2))

  • Convictions under laws related to hoarding, profiteering, adulteration of food or drugs, and offences under the Dowry Prohibition Act, 1961, with a sentence of at least six months, lead to disqualification.

Disqualification for Other Offences (Section 8(3))

  • Any individual convicted of an offence (not covered under Sections 8(1) and 8(2)) and sentenced to imprisonment for two years or more is disqualified from the date of conviction and remains disqualified for six years after release.

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UDAAN PRELIMS WALLAH
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
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