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This Article is From Sep 24, 2013

Centre moves to undo Supreme Court order disqualifying convicted netas

Centre moves to undo Supreme Court order disqualifying convicted netas
Earlier this month, the Supreme Court rejected the government's plea to review its order saying there was "no error in the ruling."
New Delhi: The cabinet will decide this evening on an ordinance to undo the Supreme Court's order disqualifying convicted MPs and MLAs, a move that comes just ahead of a verdict on key UPA ally Lalu Yadav in the multicrore fodder scam.

The proposed ordinance aims to skirt around the top court's order and allow lawmakers to stay on even after they are convicted, without a salary or voting rights. But they cannot contest elections again, unless they are acquitted by a higher court.

Earlier this month, the top court rejected the government's plea to review its order saying there was "no error in the ruling."

The Supreme Court had, in its landmark order in July, had struck down a provision in the Representation of the People's Act (RPA) that protects convicted MPs and MLAs from disqualification if they appeal to a higher court.

This leaves RJD chief Lalu Yadav facing the prospect of losing his membership if convicted in the fodder scam case on September 30. Congress's Rajya Sabha member Rashid Masood is also facing disqualification after being convicted in a corruption case on Friday.

The Centre argues that protecting convicted MPs and MLAs from disqualification during pendency of appeal is necessary "to protect the House and to ensure that governance is not adversely impacted".

The government had moved for an amendment in Parliament, but did not get Opposition support at the last minute.

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