Association for Democratic Reforms (ADR) and Telangana Election Watch have analysed the affidavits of 118 sitting MLAs from Telangana Assembly 2018. Out of these 118 MLAs, there are 19 MLAs (16%) against whom charges have been framed by the court for offences falling under Section 8(1) (2) & (3) of the R.P Act, 1951. This analysis is based on the affidavits submitted by the candidates prior to the 2018 Assembly elections and bye elections conducted thereafter.
1. The number of MLAs with criminal cases which fall under Section 8(1) of the RP Act who will be disqualified, if convicted
2. The number of MLAs with criminal cases which fall under Section 8(2) of the RP Act and who will be disqualified, if they are convicted with a punishment of not less than 6 months,
3. The number of MLAs with criminal cases which fall under Section 8(3) of the RP Act who will be disqualified, if they are convicted with a punishment of not less than 2 years.
About Section 8(1), (2) & (3) of RP Act, 1951:
Section 8 of the Representation of People Act, 1951 lays down disqualifications for persons being chosen as, and for being, a ‘Member of either House of Parliament’ as well as a ‘Member of the Legislative Assembly or Legislative Council’ of the State. Sub-sections (1), (2) and (3) of Section 8 of the Act provide that a person convicted of an offence mentioned in any of these sub-sections shall stand disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his/her release.
The offences listed under Section 8 (1), (2) & (3) are serious/grave/heinous in nature and cover offences under Indian Penal Code, 1860 (IPC) such as murder, rape, dacoity, robbery, kidnapping, crimes against women, bribery, undue influence, enmity between different groups on ground of religion, race, language, place of birth. It also covers offences relating to corruption and money laundering, offences relating to production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance, offences relating to FERA, 1973, offences relating to hoarding and profiteering, adulteration of food and drugs, dowry etc. In addition, Section 8 also covers all the offences where a person is convicted and sentenced to imprisonment for not less than two years.
Analysis of Pending Criminal Cases of MLAs who have declared criminal cases where the charges have been framed under Section 8(1) (2) & (3) of the R.P Act,1951
1. The average number of years that criminal cases against 19 MLAs have been pending is 6 years.
2. 5 MLAs have a total of 7 criminal cases pending against them for ten years or more.
15 Years |
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13 Years |
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12 Years |
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10 Years |
. Voluntarily causing hurt to deter public servant from his duty, Mischief causing damage to the amount of fifty rupees: Jogu Ramanna of BRS from Adilabad constituency.
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. Punishment for Rioting, Assault or criminal force to deter public servant from discharge of his duty: Pocharam Srinivas Reddy (Parige) of BRS from Banswada constituency. . Punishment for criminal intimidation, Assault or criminal force to deter public servant from discharge of his duty, Rioting, armed with deadly weapon: Errabelli Dayakar Rao of BRS from Palakurthi constituency. |
. Voluntarily causing hurt by dangerous weapons or means, Punishment for theft, Punishment for Rioting, Rioting, armed with deadly weapon, Intentional insult with intent to provoke breach of the peace: Balka Suman of BRS from Chennur (SC) constituency. |
. Punishment for criminal intimidation, Mischief causing damage to the amount of fifty rupees, Acts done by several persons in furtherance of common intention: Manchireddy Kishan Reddy of BRS from Ibrahimpatnam constituency. . Two cases Assault or criminal force to deter public servant from discharge of his duty: Errabelli Dayakar Rao of BRS from Palakurthi constituency. |
Telangana Election Watch
Mr.
Rakesh Reddy Dubbudu |
Association for Democratic Reforms/National Election Watch
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Maj.Gen. Anil Verma (Retd) Head Association for Democratic Reforms, National Election Watch 011 4165 4200, a...@adrIndia.org, |
Prof Jagdeep Chhokar IIM Ahmedabad (Retd.) Founder Member, Association for Democratic Reforms, National Election Watch |
Prof Trilochan Sastry IIM Bangalore Founder Member, Association for Democratic Reforms, National Election Watch |