Afzal Ansari Convicted: The MP-MLA court of Ghazipur has sentenced BSP Lok Sabha member Afzal Ansari to 4 years imprisonment and imposed a fine of Rs 1 lakh. At the same time, his brother and mafia Mukhtar Ansari was sentenced to 10 years in jail and also imposed a fine of Rs 5 lakh. Although, the Ansari brothers are now talking about going to the High Court, but questions have been raised about Afzal Ansari’s being an MP.
The lawyer of Ansari Brothers had a premonition that these people could be punished. There were already many cases against Mukhtar, but Afzal’s Lok Sabha membership is in danger after the court’s decision. According to the rule, his membership will be considered suspended only after the decision of the court, but the Lok Sabha speaker has not yet issued a formal order. In such a situation, the question is whether he will remain an MP again or not?
What does the Representation of the People Act say?
According to Section 8 (1) and (2) of the Representation of the People Act 1951, if any MP or MLA creates enmity on the basis of murder, rape, religion, language or region, then his membership of Parliament will be canceled with immediate effect. Even he cannot contest any election for the next 6 years. Also, there is a provision in section 8(3) of the same act that the membership of an MLA or Parliament can be canceled only after being sentenced to two years.
So when will Afzal’s membership expire?
Regarding this also, it has been said in the law that a notification is issued after being proved guilty by the court. After this, the membership of the guilty MP or MLA will go away. It is worth noting here that the notification has not been issued yet. Along with this, you also get time to appeal. If an appeal is not made within three months or the higher court suspends it, then its membership will go away. Here Afzal’s lawyers have made preparations to go to the High Court.
Afzal Ansari’s lawyer can also appeal in the High Court that the sentence should be stayed till the decision of the court comes. If the High Court stays Afzal’s sentence, then there will be no threat to Afzal Ansari’s sentence. In such a situation, his membership can be saved. However, such a possibility is rarely seen. Afzal’s lawyers are in a race to save his membership. In such a situation, only time will tell whether his membership will remain or will go.
read this also: Mukhtar Ansari Story: Father was the captain of the cricket team, Mukhtar Ansari became a don in the affair of Sadhu Singh
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