Congress can get the majority of Madhya Pradesh while BJP MLA faces disqualification
BHOPAL: President N P Prajapati declared a vacant Saturday after the BJP legislator was sentenced and sentenced to two years in prison for attacking a government official in an illegal sand mining case in Panna five years ago.
“After receiving a certified copy of the special court order, we issue vacancy orders at the assembly. It has been sent for notification of the gazette, and the Electoral Commission reported that a position has become vacant in Vidhan Sabha, ”said Prajapati. Lodhi, who is now released on bail, called it dictatorship. “I will move to the superior court. I have full faith in the judiciary, ”he told TOI by phone from Panna.
The sword of disqualification now hangs over the BJP MLA following an order of the Supreme Court of July 2013 that any member of parliament, MLA or MLC convicted of a crime and with a minimum of two years in prison loses membership of the Chamber with immediate effect. He cited the decision of the SC and said that an MLA is disqualified with immediate effect after such conviction. Up to nine politicians across the country, including RJD Lalu Prasad Yadav - they have lost the membership of the Chamber they represented following the SC order. In, BJP MLA Asharani Singh was disqualified in November 2013 after she and her husband Ashok Veer Vikram Singh were sentenced to 10 years in jail in connection with the suicide of their domestic service.
The ball is now on the EC court. If Lodhi is disqualified, he will grant Congress a majority in the assembly of Madhya Pradesh, at least until the auction of Pawai. Congress now has 115 members, after the emphatic victory of Kantilal Bhuria in Jhabua, and BJP was reduced to
108. If Lodhi loses membership, he will reduce the strength of the Chamber to 229.
The case dates back to August 2014, when tehsildar R K Verma was beaten by a group of people, including Prahlad Lodhi, said Panna district attorney Rajendra Upadhyaya. Verma was attacked after confiscating a tractor car loaded with illegally extracted sand. Lodhi, 46, denies his involvement in the case and says he was not at the scene when the incident occurred. It was not an MLA then.
A special court in Bhopal, which carries out trials against politicians, sentenced Lodhi on Thursday and sentenced him to prison for two years.
Have time to challenge my conviction in court
The Vidhan Sabha secretariat received a certified copy of the court order on Friday, and President Prajapati issued the order on the vacancy in Pawai at around 6.30 p.m. of Saturday.
Former attorney general Purushandra Kaurav told TOI: “Under the law, the disqualification provisions are attracted to him (Lodhi). He will continue to be a Pawaiian MLA until the Election Commission completes its process. Lodhi has time to move in the upper court.
Lodhi told TOI that he intends to do that. “The court granted me bail immediately. I have time until December 12 to challenge my conviction in the higher court, ”he said.
BJP State President Rakesh Singh said: “The President is the guardian of the assembly, but Prajapati acted as leader of the Congress. It will set the wrong trend in the Chamber. Lodhi has the right to approach a higher court. A president must act beyond the interest of political parties. ” Speaking to the media in Sagar while addressing Panna after obtaining a certified copy of the court decision, Lodhi said it was a conspiracy against him. He also said that Congress had offered Rs 2 crore to enter the party.