Curious case of convicted BJP MLA Kanwarlal Meena—denied SC relief, in jail, but yet to be disqualified
In the previous Lok Sabha, Congress leader Rahul Gandhi was disqualified as a member on 23 March 2023, just a day after his conviction and sentencing by a Gujarat court in a defamation case. Samajwadi Party leader Azam Khan was disqualified as a member of the Uttar Pradesh assembly a day after an MP-MLA court in Rampur sentenced him to three years in jail in hate speech cases.
Section 8(3) of the Representation of the People (RP) Act, 1951 provides for disqualification of a lawmaker if he or she is convicted for an offence that entails a minimum sentence of two years.
New Delhi: Nearly three weeks after the Rajasthan High Court upheld his conviction and three-year prison sentence in a 2005 case—and two weeks after the Supreme Court denied him relief—BJP leader Kanwarlal Meena continues to be a member of the state assembly. The Congress has slammed this as a 'murder of the Constitution'.
So, Kanwarlal Meena being able to keep his house membership despite 19 days since his conviction was upheld has raised eyebrows. A court in Aklera of Jhalawar district held Meena guilty of threatening a civil servant in 2005 and sentenced him to three years in jail in 2020.
The decision was later upheld by the Rajasthan High Court 2 May. The BJP MLA moved the Supreme Court which directed him to surrender in trial court in two weeks. The deadline ended Wednesday. He has surrendered before a court. Meanwhile, he has also filed a review petition in the SC.
While hearing Meena's Special Leave Petition 8 May, the Supreme Court observed, 'Elected representatives need to discipline themselves. This is one of rare cases where somebody has been convicted, otherwise you do everything and get away with it without any action against you.'
The Rajasthan Congress moved Speaker Vasudev Devnani and Governor Haribhau Kisanrao Bagde seeking Meena's disqualification under the provisions of the RP Act, 1951.
State Congress president Govind Singh Dotasra Monday resigned from one of the assembly standing committees in protest. A Congress delegation also met the governor Monday.
'There cannot be two sets of laws in one country,' Dotsra told ThePrint. 'Rahul Gandhi's membership was terminated within 24 hours and an MLA in Rajasthan has been sentenced to three years. The bench of three judges of the Supreme Court also did not give him relief. Yet, the Speaker has not disqualified him in 19 days.'
He added: 'In the Lily Thomas case (2013), the Supreme Court said the day the punishment is passed, the membership will be cancelled immediately. Now, even after 19 days, why is Meena's membership not being terminated? The Speaker is sitting on the file and it is being moved here and there.'
Dotasra claimed efforts are being made to pardon the MLA through the governor under Article 161. 'But rule 161 does not apply in the Meena case. The chief minister also went to the governor in this regard. The Supreme Court has also said the MLA will have to surrender in two weeks. Now two weeks have also been completed. They have made a mockery of law.'
Also Read: In Rahul Gandhi's disqualification, Modi-Shah lay an electoral trap for Congress
The 2005 case
On February 3, 2005, Meena threatened then SDM Ram Niwas Mehta at gunpoint, pressuring him to recommend re-polling for the post of deputy sarpanch in the Khatakhedi village near Manohar Thana.
Meena took out a revolver and asked Mehta to announce a repoll within two minutes. The SDM told Meena a revolver can kill but not enforce a repoll.
While the trial court initially acquitted Meena, the additional district judge (ADJ) court in Aklera convicted him in 2020, imposing a three-year sentence and a fine of ₹3 lakh.
Meena was in the news also in 2023 in connection with the abduction case of BJP MLA Lalit Meena allegedly at the behest of Vasundhara Raje's son Dushyant Singh, at a time when hectic political activities were going on in the state for picking a chief minister.
Rahul to Azam: Leaders disqualified under RP Act
Gandhi was found guilty of criminal defamation by a Surat court for his remark on PM Narendra Modi's surname at an election rally in 2019 and was sentenced to two years in jail 23 March 2023. He got bail and was given 30 days to appeal, but the court did not suspend his conviction.
The Lok Sabha secretariat issued the Wayanad MP's disqualification notice 24 March.
In a note issued 13 October 2015, the Election Commission asked state chief secretaries to direct departments concerned to ensure cases of convictions of sitting MPs or MLAs were brought to the notice of the speaker or the house chairperson.
More than a dozen lawmakers have been disqualified under the act since 2013 when the Supreme Court struck down relief under section 8(4) of RP Act which gave convicted MPs and MLA three months time to appeal and save their memberships.
Senior leaders like Lalu Prasad (fodder scam), the late Jayalalithaa (disproportionate assets case) and NCP MP Mohd Faizal (attempt to murder case) were among the lawmakers disqualified under the act. Gandhi and Faizal's suspensions were later revoked.
'No provision in Constitution about time-frame'
Sources close to Meena told ThePrint he surrendered Wednesday per the Supreme Court deadline. 'Now the ball is in the court of the governor and the court. There is no provision in Constitution about time-frame when the Speaker will act.'
Meena's aides also denied the MLA has requested the governor to grant him pardon. They claimed the MLA was waiting for the Supreme Court's decision.
Rajasthan BJP spokesperson Laxmikant Bhardwaj said the issue of disqualification is between the speaker and the MLA concerned. 'And the speaker has to make a decision on his disqualification. Maybe the MLA is exploring his last legal options.'
Sources close to Speaker Vasudev Devnani told ThePrint, 'The speaker has consulted legal minds and is waiting for the Supreme Court decision on this matter. This has delayed the decision.'
But Congress spokesperson Swarnim Chaturvedi asked, 'Why is he being given so much time to explore legal options? Why was he not disqualified immediately? Why is the Speaker waiting for his Supreme Court review petition? It's a murder of the Constitution. There can't be separate laws for BJP leaders and opposition leaders.'
(Edited by Ajeet Tiwari)
Also Read: 'Should have been more careful' — Surat court order rejecting Rahul Gandhi's plea for stay on conviction
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