Notice to Centre, Election Commission in PIL against convicted law makers

Public interest litigation against lawmakers seem to be on the rise in the Supreme Court of India. Furthering the trend is a PIL to preserve the sanctity and purity of the legislative office by ensuring that convicted lawmakers cannot occupy a legislative office..The Supreme Court today issued notice to the Central Government and the Election Commission in a petition seeking formulation of a procedure to ensure that the judgment of the Supreme Court in the case of Lok Prahari and Lily Thomas is properly implemented..Supreme Court strikes down S.8(4) of Representation of People Act; Says sitting MPs/MLAs to be disqualified from date of conviction.The judgment had struck down the constitutional vires of S. 8(4) of the Representation of People Act, 1951 (Act) which provided sitting MPs and MLAs an additional layer of protection from disqualification in case s/he is convicted of certain offences..The provision provided for a period of 3 months within which the convicted sitting MP/MLA cannot be disqualified..Filed by Lok Prahari, the organisation’s General Secretary and advocate SN Shukla told Bar & Bench that,.“Basically we have prayed for establishing a procedure to ensure that the law laid down by the Apex Court in the case of Lok Prahari (petitioner organisation) and Lily Thomas is not frustrated by unnecessary delay in issuing the notification of the disqualification and vacation of seat of the convicted law makers. .Absence of any statutory, uniform and effective procedure is being misused to nullify the judgement in the aforesaid case, as has already happened in the case of a UP Minister, Kailash Chaurasia.”.The petitioner has made a slew of prayers including a declaration that even in case of stay of conviction by an appellate Court for an offence under Section 8 of the Act, the disqualification will remain and consequently, the seat of the convicted member will be deemed to have become vacant with effect of the date of conviction..The petitioner has also prayed that a writ of Mandamus be issued to the Election Commission to ensure that a notification be issued regarding disqualification [of the convicted lawmaker] and vacancy of the seat, and action is taken for filling the vacancy of the said office.