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Convicted for pointing gun at SDM, Rajasthan BJP MLA Kanwarlal Meena disqualified from Assembly
Convicted for pointing gun at SDM, Rajasthan BJP MLA Kanwarlal Meena disqualified from Assembly

Hans India

time23-05-2025

  • Politics
  • Hans India

Convicted for pointing gun at SDM, Rajasthan BJP MLA Kanwarlal Meena disqualified from Assembly

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. Meanwhile, Leader of Opposition in the Rajasthan Legislative Assembly, Tikaram Julie, has welcomed the disqualification of convicted MLA Kanwarlal Meena as a 'victory of justice, truth, and the Constitution.' He termed the action taken by the Assembly Speaker as a result of the Congress Party's continued struggle to uphold constitutional values. 'Satyameva Jayate—truth has prevailed. This is the triumph of the Congress Party's movement to save the Constitution,' Julie said. He credited the success to the vision and resolve of national leaders Rahul Gandhi and Mallikarjun Kharge, stating that the Congress remained firm in its stand and fought relentlessly to defend constitutional values. Julie called the development a key milestone in the Congress Party's 'Save Constitution' campaign, emphasising that their struggle was rooted in the rule of law and democratic principles. 'Our movement followed the path shown by our leaders, and in the end, the Constitution prevailed. Its dignity has been preserved,' he stated.

Rajasthan BJP MLA Kanwarlal Meena, who faces disqualification, and his 26-year, 27-case run
Rajasthan BJP MLA Kanwarlal Meena, who faces disqualification, and his 26-year, 27-case run

Indian Express

time21-05-2025

  • Politics
  • Indian Express

Rajasthan BJP MLA Kanwarlal Meena, who faces disqualification, and his 26-year, 27-case run

With the Supreme Court-stipulated two-week relief coming to an end, convicted BJP MLA Kanwarlal Meena surrendered before a court in Manohar Thana in Rajasthan's Jhalawar district on Wednesday. However, there is still no word on the termination of his membership as a legislator due to his conviction, with Speaker Vasudev Devnani stating that he is taking legal opinion. Meena, a two-time MLA from Anta and Manohar Thana, was sentenced to three years on charges of threatening then Aklera town Sub-Divisional Officer Ram Niwas Mehta with a revolver in 2005. As per the Representation of the People's Act, a legislator is disqualified in case sentenced for more than two years. Meena was initially convicted in 2020, a decision that was upheld by the Rajasthan High Court earlier this month. The Supreme Court then rejected his plea challenging the conviction. Sources said the BJP is still looking at ways to circumvent the termination of Meena's Assembly membership, including by seeking the Governor's pardon or a commutation of his three-year sentence to 23 months. While the 2005 case now hangs over Meena's future, he has at least 27 cases lodged against him. An analysis by The Indian Express shows these range from rioting, assaulting public servants, promoting enmity on the basis of religion and defiling places of worship to house trespassing. In almost all these 27 cases, Meena has been acquitted at various stages, though senior advocate and former Chief Justice of Orissa High Court S Muralidhar mentioned the cases in the Supreme Court. Dismissing his petition challenging the High Court's order in the 2005 revolver case, the Supreme Court had remarked, 'Elected representatives need to discipline themselves… This is one of those rare cases where somebody has been convicted, otherwise you do everything and anything and get away with it, without any action against you.' A lawyer for Meena said Wednesday that the 2005 case will be the first instance of him serving a sentence. 'All have been decided, nothing left, except one. Only one case is left; in the rest he has either been acquitted or a raazinama (compromise) has been reached.' Meena's first case goes back to 1999, when as a youth about 25 years of age, he was accused of an attempt to murder and other crimes by one Girdhari Lal Meena in Aklera, Jhalawar. He was convicted in 2003. In his second case the same year, he faced charges under seven sections of the Indian Penal Code (IPC), including assault or criminal force to deter public servant from discharge of his duty. But in this case, a compromise was agreed upon in 2011. The subsequent cases included alleged trespassing and damage to a mosque; damaging a bus when asked for the fare; obstructing a national highway and injuring a public servant; setting fire to a complainant's tractor, motorcycle and farm equipment, and theft; setting fire to a complainant's house and looting his luggage; defiling religious books and destruction of articles in a mosque; shouting slogans against a community, and destruction of property; impersonating a public servant; assaulting Dr S D Sharma, the then assistant director with the state health department in 2011; thrashing social activists participating in a 'Jawabdehi Yatra' to demand an accountability law for government and elected officials in January 2016; apart from at least two cases for extortion. In the 2016 case, women activists under the banner of Aruna Roy and Nikhil Dey's Mazdoor Kisan Shakti Sangathan (MKSS) had accused Meena of abuse and molestation. However, he was acquitted by a trial court and by an additional district judge too, though the case is still pending in the High Court. The last known case filed against Meena was in August 2018, when Narpat Singh, head constable at Baran's Atru police station, lodged a case under 12 IPC sections, including for 'assault or criminal force to deter public servant from discharge of his duty'. In his 2023 Assembly poll affidavit, Meena had listed the 2005 revolver case, the 2016 Jawabdehi Yatra case, and three cases from 2023 as pending. He had also stated he was convicted in two cases – his first ever case in 1999 and the 2005 revolver case. In 18 of the 27 cases, Meena has been accused of rioting, with 14 of them including rioting while armed with a deadly weapon. Similarly, eight cases have been lodged against him for promoting enmity between different groups on the grounds of religion, and committing acts prejudicial to the maintenance of harmony; three cases were lodged for injuring or defiling places of worship with intent to insult the religion of any class. There are also five cases against him for destroying the Quran. Eight cases have also been lodged against Meena for assault or criminal force to deter public servant from discharge of his duty, with four of them including voluntarily causing hurt and one for threat of injury to a public servant. In the Supreme Court, senior advocate S Muralidhar termed attacks on public servants as Meena's 'specialisation'. Meena has also been accused of or convicted for house-trespass, forgery, criminal intimidation, wrongful restraint, unlawful assembly. He has also faced charges under sections of the Arms Act, Prevention of Damage to Public Property Act, and Rajasthan Excise Act. On Monday, a delegation led by Congress state president Govind Singh Dotasra met Governor Haribhau Bagade seeking the termination of Meena's membership. Another delegation, led by Leader of the Opposition Tika Ram Jully, met Speaker Vasudev Devnani on Tuesday reminding him that he holds a 'constitutional post' and that 'the essence of the Constitution lies in impartiality and democratic values'. Devnani too met Bagade on Tuesday, just a day after Chief Minister Bhajan Lal Sharma met the Governor on Monday. While these were officially cited as 'courtesy calls', the meetings have given rise to the speculation that the BJP may be hoping to seek a pardon for Meena from the Governor. Meena's lawyers said a revision petition will soon be filed in the Supreme Court. Assuring the Congress delegation of a 'quick and just decision', the Speaker's office said it has asked the state Advocate General to share his opinion, which is expected to be received by the Assembly 'in a day or two'. 'To terminate the MLA's membership, all aspects of the court's judgement have to be studied so that no injustice is done to the MLA,' Devnani said. Following Meena's surrender Wednesday, LoP Jully termed it a 'blot on democracy', saying it is unprecedented that the Speaker has not cancelled the membership even 20 days after the sentencing. However, BJP spokesperson Laxmikant Bhardwaj countered, saying: 'Politicians face a lot of cases but they are considered guilty only after the court finds them to be true. Until the court agrees, we can't hold someone as a criminal.'

Cong urges Speaker to disqualify BJP MLA
Cong urges Speaker to disqualify BJP MLA

Time of India

time20-05-2025

  • Politics
  • Time of India

Cong urges Speaker to disqualify BJP MLA

Jaipur: To seek immediate disqualification of BJP's Anta MLA Kanwarlal Meena after Rajasthan High Court upheld his conviction in a criminal case, a delegation of Congress leaders led by Leader of Opposition Tikaram Jully Tuesday met Assembly Speaker Vasudev Devnani. The delegation included deputy CLP leader Ramkesh Meena, senior MLAs Harimohan Sharma, Rajendra Pareek, among others. Later, speaking to the media, Jully said, "The manner in which Meena's episode has been handled will remain a blot on those involved in delaying action against him. There can be no justification for the Speaker's silence or inaction on a matter this serious." He added that senior Opposition MLAs tried to meet the Speaker thrice in the last 15 days but failed each time. Jully slammed the recent appointments to Assembly committees, terming them a "violation of rules and legislative dignity." Congress's chief whip Rafeek Khan said, "What we are witnessing is the slow erosion of constitutional discipline inside the Assembly. The Speaker's office must function above partisan interests. If convicted MLAs are allowed to sit unchecked and committee appointments are made without following rules, what message does it send to the people and the bureaucracy?" Jully also pointed out that the April 30 bulletin announcing the constitution of committees failed to mention their tenure—an omission that violates Rule 253-A, which mandates a two-year term for certain committees. "Assembly has a proud tradition of upholding procedure, decorum, and transparency. We expect the Speaker to rise to the occasion and protect that tradition," Jully said.

SC rejects BJP MLA Kanwarlal Meena's plea for stay on conviction, orders to surrender in 2 weeks
SC rejects BJP MLA Kanwarlal Meena's plea for stay on conviction, orders to surrender in 2 weeks

Time of India

time08-05-2025

  • Politics
  • Time of India

SC rejects BJP MLA Kanwarlal Meena's plea for stay on conviction, orders to surrender in 2 weeks

Jaipur: Supreme Court of India Wednesday dismissed a Special Leave Petition (SLP) filed by BJP MLA Kanwarlal Meena , who sought to stay his conviction in a 20-year-old criminal case. The court has directed the legislator from Baran district's Anta constituency to surrender before the trial court within two case stems from a 2005 incident where Meena allegedly threatened then-sub-divisional officer Ramniwas Mehta by pointing a gun at him in Aklera, Jhalawar district. Mehta is currently serving as the secretary of the Rajasthan Public Service Dec 2020, the additional district sessions court at Aklera convicted Meena and sentenced him to three years' imprisonment. The Rajasthan High Court upheld this conviction on May 1, ordering his immediate surrender. Meena filed an SLP on May 2 against the high court order, following which the apex court granted him interim relief Monday by exempting him to surrender before the trial Wednesday's hearing, however, the Supreme Court bench comprising Justices Vikram Nath, Sandeep Mehta and Sanjay Karol took a stern view of Meena's criminal history. The bench noted that the MLA absconded for three years after the FIR was lodged and the trial was delayed until court's decision has significant political implications as it puts Meena's Assembly membership at risk. Following the High Court's ruling, the Congress had escalated its demand for Meena's disqualification, emphasising that under the law, a legislator's membership is automatically terminated upon receiving a sentence of two years or more. A delegation from the Congress, led by state president Govind Singh Dotasra and Leader of the Opposition Tikaram Jully, submitted a memorandum to the Rajasthan Legislative Assembly Secretariat Monday calling for Meena's immediate disqualification.

SC rejects BJP MLA's plea, directs him to surrender in two weeks
SC rejects BJP MLA's plea, directs him to surrender in two weeks

Hans India

time07-05-2025

  • Politics
  • Hans India

SC rejects BJP MLA's plea, directs him to surrender in two weeks

Jaipur: The Supreme Court (SC) on Wednesday rejected the Special Leave Petition (SLP) of Baran Anta MLA, Kanwarlal Meena of the BJP, and directed him to surrender before the trial court within two weeks. Meena was earlier sentenced to three years in prison for pointing a pistol at an SDM and destroying government property during a 2005 incident. A SC bench comprising Justices Vikram Nath, Sandeep Mehta, and Sanjay Karol heard the case. Meena's lawyer, Namit Saxena, argued that no revolver had been recovered and therefore, the charge of using criminal force could not be sustained. He also pointed out that the alleged video cassette, said to have been broken and burned, was never recovered. However, the bench rejected all arguments, upholding the findings of the lower courts. On May 1, the Rajasthan High Court upheld the conviction by the Appellate Court (ADJ, Aklera, Jhalawar), which had found Meena guilty of obstructing government work, intimidating officials, and damaging public property. According to the Representation of the People Act, 1951, any lawmaker sentenced to more than two years in prison is disqualified from the legislature. With the High Court upholding his sentence, Meena's legislative membership is under threat. Following the High Court's ruling, the Congress party approached the Assembly Secretary demanding action. A notice was then issued to Meena, requiring him to submit a SCt stay order by 12 noon on May 7. In response, Meena's counsel mentioned the matter before the SC, which had earlier granted a temporary stay on his surrender on May 5, but did not stay the High Court's entire judgment. The case relates to an incident on February 3, 2005, near the Dangipura-Rajgarh turn in Jhalawar, where villagers had blocked the road demanding re-polling for the Khatakhedi Deputy Sarpanch elections. Officials, including then SDM Ramnivas Mehta, IAS probationer Pritam B Yashwant, and Tehsildar Ramkumar, had reached the spot to control the situation. Around half an hour later, Kanwarlal Meena arrived with his associates and allegedly pointed a pistol at the SDM, threatening to kill him if recounting was not announced. When the SDM refused, Meena allegedly snatched and destroyed a video cassette and temporarily took away a digital camera from Pritam, returning it after 20 minutes. Meena was acquitted by the trial court in 2018, but the Appellate Court overturned that decision, convicting him. In rejecting Meena's appeal, the High Court noted that he had identified himself as a political figure during the incident and was expected to uphold law and order, not undermine it. The court also pointed to his criminal background, noting that while he had been acquitted in most of the 15 criminal cases filed against him earlier, such a history could not be ignored.

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