Disqualification of convicted politicians: SC refuses to hear Centre's review plea

NEW DELHI: The Supreme Court on Wednesday refused to entertain the Centre's plea seeking a review of its verdict on disqualification of MPs and MLAs on being convicted in a criminal case.

The apex court, however, agreed to hear the Centre's petition seeking review of its judgment barring arrested persons from contesting elections.

In its July 10 verdict, the Supreme Court had struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

The apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction.

Last month, the government introduced in Rajya Sabha a bill to allow people in jail to contest polls and convicted MPs and MLAs to retain their membership till pendency of appeal while being barred from voting and drawing salary.

The Representation of the People (Amendment and Validation) Bill, 2013, introduced by Law Minister Kapil Sibal, provides for two changes in the Act of 1951 which were approved by the Union Cabinet last week.

Last month, the union cabinet approved amendments to the Representation of the Peoples Act to negate the Supreme Court order on immediate disqualification of convicted lawmakers and barring them from contesting if under arrest, sources said.

The amendments to the RPA, if passed by Parliament, shall come into effect from July 10, 2013, the day the Supreme Court gave the two judgements providing for immediate disqualification of convicted lawmakers and barring those in jail from contesting.