UP assembly declares convicted BJP MLA Vikram Saini's seat vacant

Lucknow: The Uttar Pradesh Legislative Assembly on Monday declared the seat of BJP MLA Vikram Singh Saini as vacant following his disqualification after being convicted by a court in a 2013 Muzaffarnagar riots case.

An MP/MLA court of Muzaffarnagar had recently awarded the BJP legislator two years of imprisonment in the case.

The assembly secretariat on Monday issued a notification declaring the Khatauli seat in Muzaffarnagar which was represented by Saini as vacant with effect from October 11.

The Election Commission has declared a bypoll to the Rampur assembly seat on December 5, along with the Mainpuri Lok Sabha seat and others. But it remains to be seen what decision is taken in case of the Khatauli assembly seat in the wake of Monday's notification.

A senior official said the poll body was likely to deliberate on the issue in a day or two. Requesting anonymity, he said there was a possibility that a by-election to the Khatauli seat would be held on the same date along with the other places.

There are still two more days left before the notification for the December 5 bypolls is issued, he added.

The Representation of the People Act says that anyone sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time in jail.

The Muzaffarnagar MP/MLA court's order against Saini came on October 11, and as per a Supreme Court ruling, the disqualification of membership upon conviction for two or more years becomes effective from the date of the verdict.

RLD president Jayant Chaudhary had earlier raised questions on the Uttar Pradesh assembly speaker for not disqualifying the BJP MLA after his conviction in the case.

Chaudhary had accused the speaker of bias, claiming while Samajwadi Party MLA Azam Khan was quickly disqualified following his conviction in a hate speech case, there was "no initiative" in case of the BJP MLA.

Replying to Chaudhary's missive, Speaker Satish Mahana had said that he had "no role" in the disqualification of SP MLA Azam Khan.

A Rampur MP/MLA court had convicted SP leader Azam Khan for making inflammatory speeches and sentenced him to three years' imprisonment while also imposing a fine of Rs 6,000.

Subsequently, the Uttar Pradesh assembly secretariat had declared the Rampur assembly seat of Khan vacant.