Ram Shankar Katheria, a BJP MP from Etawah is likely to lose his Lok Sabha membership due to a 12 year old case under article 102(1)(e) Of the Indian constitution r/w Section 8 of the Representation Of The Peoples Act, 1951. Katheria is sentenced to 2 years imprisonment and fine of ₹50,000 buy a special MP/MLA court in Agra for the case.
12 years back, in November 2011 katheria with a group of his supporters were accused of assault and rioting. They were accused for beating and assaulting the employees and Vandalising the office of torrent power Limited in Agra for receiving a complaint about an inflated electricity bill.
Katheria quoted in the Indian Express after the delivery of the judgement that “I would challenge the verdict in a higher court. The charges against me are politically motivated, as a majority of witnesses have testified that I was
not present at the place mentioned in the police chargesheet. The Bahujan Samaj Party government was in power in Uttar Pradesh when the case was registered. A number of fabricated cases were being lodged against me at that time and this was one among them”.
Katheria was charged under section 147 and 323 for rioting and voluntarily causing hurt. The court Further added in the judgement that the sentence would be extended by 3 months if the accused fails to deposit the fine.
According to the representation of the people’s act, 1951 a person would be disqualified from their membership of either houses of the parliament or the state legislative assembly or council if convicted and sentenced to imprisonment for 2 years or more and shall continue to be disqualified for a further period of 6 years after their release.
Therefore the MP is likely to lose his membership in Lok Sabha for the act he is accused to be done 12 years back.
Written by: Abhirami Sudheer, Elayadath College: Government Law, College, Kozhikode, Kerala , Semester: 4th semester 3 year LLB an intern under, Legal Vidhiya , Source: The Wire
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