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Shahabuddin may be barred from contesting elections
May 08, 2007 12:53 IST
Rashtriya Janata Dal Parliamentarian Mohammed Shahabuddin faces disqualification from contesting elections in future after a local court on Tuesday sentenced him to life imprisonment for kidnapping of a CPI-ML worker eight years ago.
According to section 8(3) of the Representation of the Peoples' Act, 1951, if a person is convicted for an offence and sentenced to imprisonment for two years or more, he or she will be disqualified from contesting elections in future.
The experts, however, said that Shahabuddin could retain his membership in the Lok Sabha as he would not be under any legal compulsion to resign in the wake of Tuesday's verdict.
"There is no legal compulsion on Shahabuddin to resign and he can continue in the Lok Sabha," senior advocate of Patna High Court Y V Giri, who is contesting the lawmaker's case, told PTI.
"I would not like to comment on it. But everybody has the right to appeal," the Railway Minister told media persons in New Delhi when asked about his reaction to the verdict.
However, the ruling Bharatiya Janata Party-Janata Dal (United) combine in Bihar has demanded his immediate resignation from the Lok Sabha.
"Shahabuddin has lost moral right to continue in Lok Sabha and he should quit immediately," the alliance leaders said.
Santosh Sahar, senior leader of the CPI-ML, said the lawmaker should resign as he had been convicted for the second time. Earlier on March two this year, the RJD strongman was sentenced to two years imprisonment in a case of attack on CPI-ML office at Kurmabad in Siwan town on September 19, 1998 in which the party's office secretary Keshav Baith was kidnapped and assaulted.