New Delhi: The Supreme court on Wednesday said that there can not be different laws for MPs and MLAs. The court made the remark while hearing the disqualification plea of Lakshadweep MP Mohammad Faizal.
The Apex court questioned the Kerala High Court order staying the conviction of MD Faizal in an attempt to murder case.
A bench comprising Justice K M Joseph and B V Nagarthana expressed disagreement over HC’s observation that the disqualification following the conviction will lead to elections and put further burden on the government exchequer. The court was hearing an appeal by the Lakshawadeep administration challenging the Kerala High Court order.
Justice Joseph said that According to us, this matter should not have been touched upon.
Justice Joseph also said that section 8(3)of the Representation of People Act, 1960 is very drastic as it imposes a further 6 years of ban from the date of release from the sentence, therefore, courts should be careful while handing out a verdict.
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Section 8(3) of the RPA says a person convicted of any offence and sentenced to imprisonment for two years or more shall be disqualified from the date of such Conviction.
This particular statement of the supreme court would give a sense of support to Rahul Gandhi, who was disqualified from Lok Sabha after a Surat court convicted and awarded him 2 years in jail in connection with the ‘Modi Surname’ criminal defamation case.
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