Convicted BJP MLA disqualified
PATNA, June 21 -- The BJP MLA from Alinagar constituency in Darbhanga district, Mishri Lal Yadav, who was recently sentenced to two years of rigorous imprisonment along with a fine of Rs.1 lakh by the special MP/MLA court in Darbhanga in a 2019 case of criminal intimidation, has been disqualified as a member of the Bihar Assembly, according to a notification issued by the assembly secretariat on Friday.
The MLA was disqualified roughly 24 days after a special MP-MLA court of Darbhanga convicted two persons, including the MLA and his associate Suresh Yadav in connection with an appeal filed by the complainant Umesh Mishra, seeking enhanced punishment for the convicts. Both were accused of assault and snatching cash.
The case originated from an FIR filed on January 30, 2019 by Umesh Mishra, a resident of Samaila village, alleging assault by the accused. After the investigation, the police filed a charge sheet and the court took cognisance of the case on April 17, 2020. On February 21, 2024 the lower court convicted Mishri Lal Yadav under Section 323 of the Indian Penal Code (voluntarily causing hurt) and sentenced him to three months of imprisonment and a fine of Rs.500.
Dissatisfied with the ruling, the MLA also sought a pardon and appeared before the court on May 22, hoping to secure relief, but was rejected by the special court. Mishri Lal Yadav is the first MLA of BJP and third MLA of 17th Bihar assembly who has been disqualified.
Earlier on February 16, 2024, the CPI (ML) MLA from Agiaon constituency, Manoj Manzil, who was sentenced to life in an eight-year-old murder case, was disqualified.
On October 14, 2022, RJD legislator Anil Kumar Sahni, who was convicted in a case of fraud by a CBI court in Delhi, was disqualified as a member of the Bihar Assembly. Sahni is the fourth RJD legislator to have lost assembly membership following conviction in a criminal or corruption case in the last four years.
While Mokama MLA Anant Singh lost his Assembly membership in July 2022 following his conviction in an arms recovery case, Raj Ballabh Yadav and Iliyas Hussain were disqualified in 2018 following their conviction in rape and bitumen scam cases respectively.
The Representation of the People Act 1951 says any public representative sentenced to imprisonment for two years or more shall be disqualified "from the date of such conviction", and remain disqualified for another six years after serving time....
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