Convicted TDP legislator likely to be disqualified

HYDERABAD: Telugu Desam MLA Chinthamaneni Prabhakar has been sentenced to two-years’ jail term in three different cases by a trial court on Wednesday. Mr Prabhakar was convicted in connection with cases pertaining to attack on former minister Vatti Vasant Kumar, his gunman and former MP Kavuri Samba-siva Rao during Rachaba-nda programme in 2011.

As per the Supreme Court Verdict in 2013, in the Lily Thomas vs Union of India case, Mr Prabhakar will be disqualified from his current post.

On July 10, 2013, the Sup-reme Court, in its judgement in the Lily Thomas vs Union of India case, (al-ong with Lok Prahari vs Union of India) ruled that any MP, MLA or MLC, who is convicted of a cri-me and awarded a minimum of two-years imprisonment, will lose the membership of the House with immediate effect. Th-is is in contrast to the earlier stand wherein convic-ted members could continue in their position until trial in higher courts.

Earlier, Section 8(4) of the Representation of the People Act, which allowed elected representatives th-ree months time to appeal their conviction, was de-clared unconstitutional by the Supreme Court Bench comprising Justice A.K. Patnaik and Justice S.J. Mukhopadhaya. 

As per the practice, it is for the District Magistrate to inform the authority co-ncerned about the conviction imposed by the trial court. Here, the district collector will have to inf-orm the Speaker of AP As-sembly about the conviction of Denduluru MLA and after receiving the in-formation, the Speaker has to disqualify the member within a week. Howe-ver, when contacted, AP Legislature Secretariat officials said they will study the matter and take appropriate action.