Hon'ble Supreme Court of India by landmark judgment of 10th July 2013
declared Section 8(4) of Representation of People Act to be unconstitutional.
Earlier, the politicians could continue as MPs or MLAs even on conviction,
simply by filing appeal. Now, such protection has been taken away. Now, if
an MP or MLA is convicted by a court for specified offences, then he will
automatically cease to be MP / MLA. Further, the Supreme court interpreting
Section 62(5) held that a person in prison or in lawful custody of police is not
entitled to vote and hence is not entitled to even contest the election for
MP/MLA.
Sunil Goel, advocate
B.Sc. L.Lb L.Lm
