Tainted politicians can no more contest elections in India

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. 

Read the full Judgment.

Sunil Goel, advocate 

B.Sc. L.Lb L.Lm

Supreme Court of India permits Mumbai Dance bars to reopen

Supreme Court of India permits Mumbai Dance bars to reopen

On 17th July 2013, a Bench of the Supreme Court of India headed by CJI Altamas Kabir passed yet another important judgment in the case of “State of Maharashtra & others vs Indian Hotel & Restaurants Association & others”. The Supreme Court quashed the ban imposed about 7 years ago by Maharashtra govt. on the functioning of Dance bars in Mumbai. The Govt of Maharashtra had in 2005 brought in an amendment in the Bombay Police Act which was then challenged in the High court by an association representing restaurants and bars. The High Court gave relief to the dance bar owners but the Govt had challenged High Court’s verdict in the Supreme Court.

The dance bar owners will now have to apply for a license to the government before reopening.

Read the full Judgment.

Sunil Goel 

advocate 

B.Sc. L.Lb L.Lm