Friday, May 13 2005 20:13 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (May 13, 2005) issued notices to the Centre and the Election Commission on a petition challenging the constitutional validity of section 8(4) of Representation of the People Act which enables a convicted or chargesheeted person to be a member of the House.

The petition which came for hearing before a Bench comprising Chief Justice R C Lahoti, Justice N Santosh Hegde and Justice G P Mathur submitted that existence of the provision has encouraged the people having criminal background to become MPs and MLAs.

The PIL filed by an NGO, Lok Prahari, submitted that as per the recent apex Court judgement, people convicted invites disqualification from contesting the elections under section 8 (3) of the Act.

The petitioner said that as per the provisions of section 8(4) the disqualification regarding conviction will not take effect in case of sitting members till the disposal of appeal or revision against such conviction.

The PIL, particularly mentioned that as a result of this provision in the Act people having criminal background in Uttar Pradesh and Bihar were in Parliament and Assembly.

The petitioner claimed that on the current Lok Sabha at least 100 Members are chargesheeted in criminal cases and there is no impediment for them from becoming the ministers.