Convicted for pointing gun at SDM, BJP MLA disqualified
Jaipur: The Assembly membership of Rajasthan BJP MLA, Kanwarlal Meena, has been terminated after he was found guilty in a case where he threatened an SDM with a pistol in 2005.
The Assembly has issued an official notification confirming the termination.
Rajasthan Assembly Speaker Vasudev Devnani announced on Friday that MLA from Anta constituency, Kanwarlal, has been disqualified from the Rajasthan Legislative Assembly following his conviction in a court of law. The disqualification is in accordance with Article 191(1)(e) of the Indian Constitution and Section 8(3) of the Representation of the People Act, 1951. Devnani stated that the disqualification took effect from the date of conviction, and consequently, the Anta (193) Assembly seat in District Baran has been declared vacant. The Speaker clarified that the decision was made after receiving legal advice from the Advocate General of Rajasthan.
'I do not work under any kind of pressure,' he emphasised. 'All decisions are made strictly in accordance with the law and only after a thorough examination of all aspects.' He further stated that precedent exists for such matters, noting that previous Speakers have also taken time to study and act on similar cases. Devnani cautioned against politicising the issue, underlining that the matter is purely legal in nature.
He explained that the Advocate General was asked to provide legal counsel on the day of the court's verdict regarding MLA Kanwarlal. According to established legal provisions, an MLA stands disqualified from the date of conviction, and the notification of the seat's vacancy is formally issued by the Legislative Assembly. He also referenced Article 177 of the Constitution, stating that the Advocate General has the constitutional authority to participate in the proceedings of the Legislative Assembly and offer legal opinions when required. Earlier, the Assembly Secretariat had issued a notice to Kanwarlal, requiring him to respond by May 7.
He was asked to clarify whether he had received any relief from the Supreme Court to stay his sentence. As the Supreme Court did not suspend the conviction or sentence, the Speaker was left with no option but to revoke his membership.
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