Acting on the apex court’s verdict, the Election Commission Wednesday asked chief secretaries of states and union territories to track and immediately report cases of conviction of lawmakers to the presiding officers of the assembly and the poll panel “so that they don’t go unnoticed”.
Acting within a month of the Supreme Court’s July 10 verdict on disqualification of lawmakers immediately upon their conviction, the poll panel said if any sitting MP or legislator is convicted and sentenced to imprisonment or fine and “if the provisions of sub-section (1) (2) and (3) of Section 8 (extract enclosed) are attracted, he/she will be disqualified from membership forthwith and his/her seat will become vacant”.
The poll panel also said it is necessary to monitor such cases and put in place a system so that cases of conviction are “immediately communicated to the speaker/chairman of the house concerned and to the commission”.
The poll panel asked the chief secretaries to “devise and provide for a fool-proof mechanism by involving the office of advocate general/directorate of prosecution and other channels, if any, for tracking and promptly reporting” such cases.
In order to ensure that such cases do not go un-noticed, the commission asked state governments to send to the poll panel “a monthly report about cases of conviction, if any, of sitting members of Parliament or State Legislature”.
It said the monthly report could be submitted to the poll panel by 15th of every month through the Chief Electoral Officer of the state.
It also provided a model format to the sake of uniformity in reporting.