In a development being perceived as a setback for the Madhya Pradesh government, the Supreme Court on Friday dismissed a special leave petition (SLP) of the government, challenging the MP High Court decision to stay the conviction and sentence of Prahlad Lodhi, who was disqualified as MLA by the MP assembly speaker last month.
This would mean that the stay of MP HC on conviction and sentence of Lodhi (of two years in an old assault case) would continue. But the status of disqualification of the MLA did not immediately become clear due to contrary claims.
While leader of opposition Gopal Bhargava demanded immediate revocation of disqualification order in view of the Supreme Court decision, the Congress spokesman J.P. Dhanopia, who is also a lawyer, said the apex court order will be studied and if there is any clarification regarding disqualification in the order, steps would be taken accordingly. “As of now Lodhi stands disqualified, and the SLP was regarding his conviction and sentence and not disqualification in my knowledge. Lodhi also did not make the assembly speaker or the ECI a party in the case, so the order has to be studied,” Dhanopia said.
Former advocate general of MP, Purushaindra Kaurav, who appeared for Lodhi in SC, said while speaking to THE WEEK, “According to my view, the speaker has no option now except to revoke the suspension/disqualification of Prahlad Lodhi. He should have done it after HC order itself. Perhaps he delayed it awaiting the SC decision and now the same has also come. Law is very clear in the case of Lok Prahari that once conviction is ordered, disqualification is attracted with immediate effect, and once the conviction is stayed, the disqualification does not operate.”
Meanwhile, former chief minister Shivraj Singh Chouhan tweeted ‘Satyamev Jayate’ (truth wins). The former CM said the speaker had disqualified Lodhi in an unconstitutional manner and the state government made a very lowly move to keep the people of Lodhi’s constituency deprived of a people’s representative.
Conviction and disqualification
A Bhopal special court had held Lodhi guilty in and old case of assault on a tehsildar and sentenced him to two years in jail. Following this decision of court in October end, MP Assembly Speaker N.P. Prajapati had disqualified Lodhi as MLA and informed the Election Commission of India that the seat (Pawai assembly constituency) had fallen vacant.
The BJP had protested the ‘hurried’ decision of the speaker and Lodhi had challenged the Bhopal court decision in MP High Court. The HC stayed both conviction and sentence order by Bhopal court, but no action to revoke the disqualification of Lodhi was taken by the speaker. The BJP also lodged a complaint with the governor in the matter. The state government had, meanwhile, filed SLP in the apex court, which was dismissed on Friday.
