
A day following the conviction of Sunil Kedar, the five-term Congress MLA representing Saoner in Nagpur district’s Vidarbha, in the ₹125 crore Nagpur District Central Cooperative Bank scam, he was disqualified from the state legislature on Saturday. This has led to a reduction in the Congress’s Assembly strength, which now stands at 44, as Kedar’s term was set to end in October next year.
The disqualification notice for Kedar was issued by Jitendra Bhole, the secretary of the state legislature, in accordance with the provisions outlined in Article 191 (1)(e) of the Constitution of India, read with Section 8 of the Representation of People’s Act. This action was taken following the notification from Nagpur police about his conviction.
According to the notification, “Now, therefore, in accordance with sub-clause (a) of clause (3) of Article 190 of the Constitution of India, the seat of Shri Kedar has become vacant from the date of his conviction, i.e., 22nd December 2023.”
Kedar was found guilty under sections 406, 409, 468, 471, 120(B), and 134 of the Indian Penal Code by an assistant chief judicial magistrate in Nagpur on Friday. He was sentenced to five years of rigorous imprisonment and a fine of ₹12.50 lakh.
Jitendra Bhole explained, “After a conviction of more than two years, any member automatically becomes disqualified as per the ruling in the Lily Thomas case.” Lily Thomas, a lawyer from Kerala, filed a public interest litigation in 2005 challenging the protection of convicted legislators from disqualification. In 2013, the Supreme Court ruled that if a sitting member of Parliament or state legislature is convicted under specified sections of the Representation of People’s Act, they stand disqualified.
An official from the state legislature mentioned that the disqualification could be reconsidered if an upper court stays the conviction awarded by the Nagpur court.
Congress spokesperson Atul Londhe alleged discrimination in the action taken against opposition legislators, citing examples of BJP members not facing disqualification despite convictions. Londhe emphasized the need for consistent application of the law across ruling and opposition parties to maintain democratic principles.