Plea in SC to disqualify MPs,MLAs convicted before July 10 order

Shukla claimed that there were at least 24 MPs and MLAs who got off the hook because of the courts relaxation that its judgment will not apply to such MPs and MLAs who were convicted prior to its judgment and their appeal or revision petitions were pending before the superior court. The court had noted that such members should not be disqualified for want of specific knowledge about the law now declared by the SC.

However,Shukla urged in his plea that the distinction has created two classes of convicted sitting MPs and MLAs those who lose their membership and those who can retain it,although they incur the disqualification under the same constitutional principle.

In case of all sitting MPs and MLAs,the law declared in the judgment should apply equally at least from the date of the judgment,irrespective of the date of conviction. Once the impugned provision has been struck down,the protection provided by it also goes for all sitting members as the law cannot apply selectively to some of them and not others, stated the plea.

Shuklas application came up for hearing before the Bench Monday but the Centres counsel expressed his inability to respond since the application had not been served on them. The court then asked Shukla to give him a copy of his application and fixed it for hearing on December 16.