Nagpur: Hours Nagpur: Hours after Saoner MLA Sunil Kedar was awarded rigorous imprisonment for his involvement in the multi-crore Nagpur District Central Cooperative Bank (NDCCB) scam, the legal community said he could be disqualified as his prison sentence is over two years.
Government-side lawyers, such as special counsel Ajay Misar and District Government Pleader Nitin Telgote, highlighted the possibility of Kedar’s disqualification due to his prison sentence exceeding two years.
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Monday 03 Feb. 2025
They emphasized that while the decision ultimately rests with the Assembly Speaker, precedent from the Supreme Court’s ruling in the case of Lily Thomas versus Union of India was cited. This ruling specifies that any elected official convicted of a crime and sentenced to a minimum of two years’ imprisonment automatically loses their membership in the respective legislative house.
“The apex court held that any Member of Parliament (MP), Member of Legislative Assembly (MLA) or Member of a Legislative Council (MLC), who is convicted of a crime and given a minimum of two years’ imprisonment, immediately loses membership of the House. This is in contrast with the earlier position, when convicted members held onto their seats till they exhausted judicial remedy in all courts,” other lawyers said.
Comparative instances were referenced, such as the swift disqualification of former Uttar Pradesh Minister and Samajwadi Party leader Azam Khan over an alleged 2019 hate speech. His disqualification was based on a sentence exceeding two years.
Supporters of Kedar highlighted his significant influence and contributions within the Nagpur district and rural areas. They emphasized his role in the success of the Congress party in various elections, citing instances where his leadership played a pivotal role in securing victories.
Kedar’s supporters said the court verdict was a big jolt to Congress, as he was a popular leader in Nagpur district and held sway over rural areas. “He was also instrumental in the grand old party’s success in the zilla parishad and panchayat samiti polls recently. He played a key role in Congress victory in graduates and teachers constituency polls, where it snatched both seats from BJP. In 2014 assembly polls, Kedar was the lone Congress MLA, who could retain his seat in Nagpur, where 11 of 12 went to the saffron kitty during the Modi wave,” they said.
However, there remains a possibility for Kedar to overturn the sentence in the sessions court or the Nagpur bench of the Bombay High Court. If successful, this could potentially prevent his disqualification before the upcoming Assembly session in February. There’s an acknowledgment that the timing of pending legal proceedings could influence his eligibility for the next Assembly elections, scheduled for October next year.
The situation remains dynamic, contingent upon potential legal outcomes that could either lead to Kedar’s disqualification or provide him with a chance to retain his position within the Assembly.
