- Lalu prasad
The RJD supremo was disqualified from the Lok Sabha after his conviction in the fodder scamcase (charaghotala) in September 2013. He was an M.P from saran in Bihar.
2. J. Jayalalithaa
AIADMK supremo J Jayalalithaa was disqualified from the Tamil Nādu Assembly in September in 2014 after sentenced to four years in jail in a disproportionate asset case. She was the chief Minister of Tamil Nadu at the time of her disqualification and had to resign from the post.
3. Azam Khan
Samajwadi party leader Azam Khan was disqualified from the Uttar Pradesh Assembly in October 2022 after a court sentenced him to three years in jail in a 2019 hate speech case. He represented Rampur Sadar in the assembly.
4. PP Mohammed Faizal
Lakshadweep MP PP Mohammed Faisal of the Nationalist congress party stood automatically disqualified after he was sentenced to 10 years in jail in January 2023 in connection with an attempt to murder case. However, the Kerala High Court later suspended his conviction and sentence. According to the M.P, the Lok Sabha secretariat is yet to issue a notification revoking his disqualification.
5. Anil Kumar Sahni
Rjd MLA Anil Kumar Sahni was disqualified from the Bihar Assembly in October 2022 after he was sentenced to three years in jail in a case of fraud. He was held guilty of attempting to avail travel allowance in 2012 using forged Air India e- tickets without having undertaken the journeys. Sahni who was a JDU Rajya Sabha M.P at the time of the attempted fraud, had submitted claims of Rs. 23-71 lakh.
6. Vikram Singh Saini
BJP MLA Vikram Singh Saini was disqualified from the Uttar Pradesh legislative Assembly with effect from October 2022 after he was sentenced to two years of imprisonment in a 2013 Muzaffarnagar riots case. Saini was an MLA from Fhatauli in Muzaffarnagar.
7. Pradeep Chaudhary
Congress MLA Pradeep Chaudhary was disqualified from the Haryana assembly in January 2021 after he was sentenced to a three – year jail term in an assault case. He was an MLA from Kalka. Kuldeep Singh Senga was disqualified from the Uttar Pradesh Assembly in February 2020 following his conviction in a rape case. Senger, who was elected from the Bangaramas Constituency in Unnao was earlier expelled by the BJP.
8. Abdullah Azam Khan
Samajwadi partyMLA Abdullah Azam khan was disqualified from the Uttar Pradesh Assembly in February 2023, days after a Court sentenced him to two-year imprisonment in a 15-year-old case. He represented suar, in Rampur District in the Assembly.
9. Anant Singh
RJD MLA Anant Singh was disqualified from the Bihar Assembly in July 2022 after being convicted in a case related to the recovery of arms and ammunition from his residence. Anant Singh was an MLA from Mokma in Patna district.
10. Rahul Gandhi
Congress leader and Member of Parliament from Wayanad Rahul Gandhi was disqualified from the Lok Sabha on Friday, 24 March 2023 following his conviction in a criminal defamation case over his ‘Modi surname’ remarks.
Following his remarks at a 2019 rally in Karnataka’s Kolar, former Gujarat minister Purnesh Modi filed the criminal case claiming Gandhi claiming that he defamed the entire Modi community by his statement.
11. Kuldeep Sengar
Kuldeep Singh Sengar is an Indian politician and former member of Legislative Assembly belonging to the Bhartiya Janta Party from Unnao district, Uttar Pradesh who has been convicted of rape, murder, attempt to murder, criminal conspiracy and criminal intimidation
Various precedent that made a reform in criminalization of politics and we can’t just ignore the role of these judgements:
- Association for Democratic reform (ADR) v. Union of India 2002
- Public Interest foundation and Ors. v Union of India 2014.
- Rambabu Singh Thakur v Sunil Arora 2020
Laws on such kind of disqualification:
According to the representation of the people Act 1951, 8(3), a person sentenced to imprisonment if two years or more shall be disqualified “from the date of such conviction” and remain disqualified for another six years after serving time.
Major changes occurred in 2013 when case of Lily Thomas vs Union of India was decided. This landmark judgement nullifies clause 4 of section 8 of the Representation of People Act 1951.
NIMT, Greater Noida