NGO plea for retrospective unseating of tainted lawmakers

An NGO has moved the Supreme Court for unseating even those lawmakers who were convicted before it gave its judgment disqualifying tainted MPs and legislators from retaining their membership in the house.

NGO Lok Prahari sought the modification of the apex court's July 10 order in which the apex court, while holding that Sub-section 4 of the Section 8 of the Representation of People Act was ultra vires of the constitution, said its judgment would be effective prospectively and not retrospectively.

The petitioner NGO urged the court to revisit its order and modify it so that members of parliament and state legislatures, who attracted disqualification under Sub-section 1, 2 and 3 of the Section 8 of the Representation of People Act prior to the court's July 10 verdict, did not enjoy the shield of sub-section 4 against being unseated.

The court had ordered a prospective application of the new provision, saying that "the knowledge that sitting members of parliament or state legislatures will no longer be protected by sub-section 4 of Section 8 of the act will be acquired by all concerned only on the date this judgment is pronounced by this court".