Court framed charges against 29 sitting MLAs in MP, 16 from Congress: ADR

New Delhi: Out of the 230 sitting MLAs in Madhya Pradesh, charges have been framed by the court against 29 legislators, of which 16 are from the Congress, a report said on Wednesday.

The report was published by the Association for Democratic Reforms (ADR) and Madhya Pradesh Election Watch which analysed the affidavits of 230 sitting MLAs from Madhya Pradesh Assembly in 2018.

Out of these 230 sitting MLAs, there are 29 sitting MLAs (13 per cent) against whom charges have been framed by the court for offences falling under Section 8(1) (2) and (3) of the Representation of People Act, 1951, the report said.

"Congress has the highest number of MLAs 16, followed by BJP with 12 and one BSP MLA, who have declared criminal cases where the charges have been framed under the RP Act," it said.

The report is based on analysis of the affidavits submitted by the candidates prior to the 2018 Assembly elections and bye-elections conducted thereafter.

The report focuses on the number of MLAs with criminal cases which fall under Section 8(1) of the RP Act who will be disqualified, if convicted, the number of MLAs with criminal cases which fall under Section 8(2) of the RP Act and who will be disqualified, if they are convicted with a punishment of not less than six months, and the number of MLAs with criminal cases which fall under Section 8(3) of the RP Act who will be disqualified, if they are convicted with a punishment of not less than two years.

As per details of criminal cases declared in the self sworn affidavits submitted by the MLAs while contesting Madhya Pradesh assembly elections in 2018 and bye-elections held thereafter, pendency in respect of criminal cases where charges have been framed under Sec 8 (1), (2), (3), and the average number of years that criminal cases against 29 MLAs have been pending is six years, were also analysed..

It said, "10 MLAs have a total of 12 criminal cases pending against them for 10 years or more."

The report also said that, however, the status of these cases may have undergone a change over the years for some MLAs.

"The exact current status will be known only in respect of MLAs who decide to re-contest in the Madhya Pradesh Assembly elections 2023, after they file their nomination papers," the report said.

The report said that for 17 years the criminal cases against Congress MLA Dilip Gurjar from Nagda-Khacharod assembly has been lending in court for voluntarily causing hurt by dangerous weapons or means, punishment for voluntarily causing grievous hurt, punishment for rioting, armed with deadly weapon.

The report said that criminal cases are pending for 16 years for defamation against Ramkhelawan Patel of BJP from Amarpatan constituency.

The Section 8 of the RP Act lays down disqualifications for persons being chosen as, and for being, a ‘Member of either House of Parliament’ as well as a ‘Member of the Legislative Assembly or Legislative Council’ of the State. Sub-sections (1), (2) and (3) of Section 8 of the Act provide that a person convicted of an offence mentioned in any of these sub-sections shall stand disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his/her release.

Polling for 230-member assembly in Madhya Pradesh is scheduled on November 17 and counting of votes will take place on December 3.