EC asks states to monitor cases of convicted MPs, MLAs

The Election Commission has asked all states and Union Territories to implement the Supreme Court judgment on conviction of sitting MLAs and MPs and devise a foolproof mechanism for tracking cases of their conviction at all levels.

The EC also sought a monthly report about cases of conviction of sitting members of Parliament or state legislature, preferably by the 15th of every month.

In a communication to chief secretaries of all states/UTs, the poll body has cited the Supreme Court judgment whereby the protection against immediate disqualification from membership enjoyed by sitting members on conviction and sentence to imprisonment/fine will no longer be available.

"In order to monitor such cases, it is necessary to have a system in place so that cases of conviction of sitting members of Parliament and state legislature are immediately communicated to the speaker/chairman of the House concerned and to the commission," the EC said.

It has asked chief secretaries of all states/UTs to devise and provide for a foolproof mechanism by involving the office of advocate general/directorate of prosecution and other channels, if any, for tracking and promptly reporting to the speaker/chairman of the House concerned and the commission cases of conviction of sitting MPs/MLAs/MLCs across Courts at all levels in the state. "In order to ensure that cases do not go unnoticed, the commission desires that the state governments may send to the commission a monthly report about cases of conviction, if any, of sitting members of Parliament or state legislature. The statement may be submitted to the commission by 15th of every month through the chief electoral officer of the state," it said.

The chief electoral officers of all states have also been asked to pursue the matter with states in monitoring the case of conviction of sitting members and reporting to the speaker/chairman of the House concerned and to the commission. The commission said that if any sitting member of Parliament or state legislature is convicted and/or sentenced to imprisonment/fine after the date of this judgment and if the provisions of sub-section (1) (2) and (3) of Section 8 (extract enclosed) are attracted, he/she will be disqualified from membership forthwith and his/her seat will become vacant.