BJP may lose majority if its 24 MPs convicted as per SC’s judgment

New Delhi,Abdul Bari Masoud, (MM News): The BJP may lose its majority part status in Parliament as its 24 MPs of the Lok Sabha face disqualification if convicted as per SC’s 10th March judgment and among them are a couple of ministers including Uma Bharti . For the first time, BJP got absolute majority in its 65 years existence which has won  282  seats in the recently concluded  general elections but it may become  dependent on allies for survival in the government as its strength would  shot down to 258 from 282 .

BJP may lose majority if its 24 MPs convicted as per SC’s judgment

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The Association for Democratic Reforms and National Election Watch have analysed the affidavits of 541 newly-elected Members of Parliament out of which 53 have declared criminal cases (where charges have been framed) under Section 8(1) and/or 8(3) of the RP Act. Out of this 24 MPs belong to the ruling BJP which is leading the present NDA government at the Center. These MPs will face disqualification whereby the seat would be declared vacant if convicted. This includes Union Minister for Water Resources, River Development and Ganga Rejuvenation, Uma Bharti.

Releasing a 33-page Report on Friday, ADR & NEW said they welcome PM Narendra Modi’s statement on a taint-free Parliament by 2015 in the Rajya Sabha and urge him to write to Chief Justice of India and pass a resolution in the both Houses of Parliament for ensuring that all pending criminal cases against MPs are decided within one year of the date the results of the election were announced.

The Report stated that in an interim order on a PIL by NGO ‘Public Interest Foundation’, a Supreme Court bench on the 10th of March, 2014 directed that, “in relation to sitting MPs and MLAs who have charges framed against them for the offences which are specified in Section 8(1), 8(2) and 8(3) of the RP Act, the trial shall be concluded as speedily and expeditiously as may be possible and in no case later than one year from the date of the framing of charge(s). In such cases, as far as possible, the trial shall be conducted on a day-to-day basis.”

The ADR & NEW have analysed the affidavits of 541 newly-elected Members of Parliament out ofwhich 57 (11%) MPs have declared criminal cases against themselves where the charges have been framed. Out of these 57 MPs, this report analyses:

1. The number of MPs with criminal cases which fall under Section 8(1) of the RP Act who will be disqualified if convicted.

2. The number of MPs with criminal cases which fall under Section 8(2) of the RP Act and who will be disqualified if they are convicted with an imprisonment of not less than 6 months.

3. The number of MPs with criminal cases which fall under Section 8(3) of the RP Act who will be disqualified if they are convicted with a imprisonment of not less than 2 years.

The Report pointed out that 23 MPs out of these 53 MPs have been elected to the Lok Sabha for the first time.

* Average pendency of the criminal cases declared by MPs under 8(1) and 8(3) of the RP Act is 10 years.

* 10 MPs have declared criminal cases where the charges have been framed which fall under Section 8(1) of the RP Act and who would face immediate disqualification if convicted.

The following 10 MPs have declared criminal cases where the charges have been framed which fall under both Section 8(1) and 8(3) of the RP Act:

S.No

Name of the MP

Party

Constituency

1

Brij Bhusan Sharan Singh

BJP

Kaiserganj

2

Mahesh Giri

BJP

East Delhi

3

Uma Bharti

BJP

Jhansi

4

Dr.Murli Manohar Joshi

BJP

Kanpur

5

Lal Krishna Advani

BJP

Gandhinagar

6

Nalin Kumar Katil

BJP

Dakshina Kannada

7

Suresh Angadi

BJP

Belgaum

8

Ganesh Singh

BJP

Satna

9

Shrimant Chh. Udayanraje Pratapsinha Bhonsale

NCP

Satara

10

Anbumani Ramadoss

Pattali Makkal Katchi

Dharmapuri

 MPs with Highest Number of declared criminal cases where charges have been framed which fall under Section 8(1) and/or 8(3) of the RP Act (the complete list is in the report):

S.No

Name

Party

Constituency

Total Cases

1

Rajesh Ranjan Urf Pappu Yadav

RJD

Madhepura

13

2

Shrimant Chh. Udayanraje Pratapsinha Bhonsale

NCP

Satara

6

3

P Karunakaran

CPI(M)

Kasaragod

6

4

Tathagata Satpathy

BJD

Dhenkanal

6

5

Adv.Joice George

IND

Idukki

4

6

P K Sreemathi

CPI(M)

Kannur

4

Party wise MPs with declared criminal cases where charges have been framed which fall under Section 8(1) and/or 8(3) of the RP Act:

Party

Number of MPs

BJP

24

Shiv Sena

5

AITC

4

AIADMK

3

RJD

3

CPI(M)

2

INC

1

JMM

1

LJP

1

NCP

1

Pattali Makkal Katchi

1

Revolutionary Socialist Party

1

BJD

1

All India Majlis-E-Ittehadul Muslimeen

1

Swabhimani Paksha

1

TRS

1

IND

2

Total

53

 

First time Lok Sabha MPs with declared criminal cases where charges have been framed which fall under Section 8(1) and/or 8(3) of the RP Act:

 

S.No

Name

Party

State

Constituency

1

V.Sathyabama

AIADMK

Tamil Nadu

Tiruppur

2

Vijay Kumar Hansdak

JMM

Jharkhand

Rajmahal

3

Ashwini Kumar

BJP

Haryana

Karnal

4

Jadhav Sanjay (Bandu) Haribhau

Shiv Sena

Maharashtra

Parbhani

5

Hari G

AIADMK

Tamil Nadu

Arakkonam

6

P K Sreemathi

CPI(M)

Kerala

Kannur

7

Bhairon Prasad Mishra

BJP

Uttar Pradesh

Banda

8

Kunwer Sarvesh Kumar

BJP

Uttar Pradesh

Moradabad

9

Naba Kumar Sarania

IND

Assam

Kokrajhar

10

Saumitra Khan

AITC

West Bengal

Bishnupur

11

Parbhubhai Nagarbhai Vasava

BJP

Gujarat

Bardoli

12

Barne Shrirang Chandu

Shiv Sena

Maharashtra

Maval

13

A.Arunmozhithevan

AIADMK

Tamil Nadu

Cuddalore

14

B Sreeramulu

BJP

Karnataka

Bellary

15

Balka Suman

TRS

Andhra Pradesh

Peddapalle

16

Shewale Rahul Ramesh

Shiv Sena

Maharashtra

Mumbai South Central

17

Vinayak Bhaurao Raut

Shiv Sena

Maharashtra