LUCKNOW: After being convicted in the Unnao rape case, Kuldeep Singh Sengar, the expelled BJP MLA from Bangarmau in Unnao, is facing disqualification from the state assembly.
According to legal experts, Sengar stood disqualified from the state assembly from the date of his conviction by the court. "Under Constitutional provisions, the state Governor will disqualify him from the date of conviction on the report of the Election Commission of India," said senior legal luminary CB Pandey who has served the Governor as an advisor.
The Supreme Court in 2013 had struck down the provisions that allowed MPs and MLAs three months for filing an appeal against their conviction. Despite the BJP’s claim that Sengar was expelled from the party in the wake of his involvement in a rape case, his name figures as the party’s Unnao MLA on the state
A senior officer said the disqualification of Sengar was nearly certain though the Delhi court’s order convicting him was yet to be received and studied.
This will be the second disqualification of a sitting BJP MLA following his conviction in 2019. The BJP MLA from Hamirpur Ashok Chandel was disqualified earlier this year following his conviction in a murder case. Vidhan Sabha Speaker Hridaya Narain Dikshit said powers to disqualify members of the state
legislature were vested in the Governor.