Jaipur: The Rajasthan Legislative Assembly on Friday terminated the membership of BJP MLA Kanwar Lal Meena after he was convicted and sentenced to three years in jail for pointing a pistol at a sub-divisional magistrate, officials said.
According to a notification issued by the Assembly Secretariat, Meena's membership stands terminated effective from May 1.
The speaker sought legal opinion from the advocate general and senior legal experts before making the decision.
"The legal opinion, received today, cited Supreme Court precedents, stating that there was no option but to terminate the MLA's membership as his sentence was not stayed by the apex court," an official said.
Meena had approached the Supreme Court seeking suspension of his sentence. However, the top court dismissed his plea and directed him to surrender within two weeks. He surrendered before the Aklera court on May 21 and is currently lodged in jail.
On December 14, 2020, the ADJ Aklera court of Jhalawar sentenced Meena to three years imprisonment in a 20-year-old case, finding him guilty of obstructing government work, intimidating government officials and vandalising property.
The assembly secretariat had earlier served a notice to Meena, asking him to respond by May 7 regarding any relief obtained from the Supreme Court. With no stay granted on his conviction, the secretariat proceeded with the disqualification.
The Election Commission has been informed of the vacancy. Now, a by-election on the Anta seat would be held within six months, potentially before October 2025.
Leader of Opposition Tikaram Jully and state Congress president Govind Singh Dotasra and other Congress legislators had been demanding immediate action. They submitted multiple memorandums to the speaker and also met the governor over Meena's conviction.
Dotasra, reacting to Meena's termination from the assembly, said in a post on X: "After heavy pressure from the Congress party and the Leader of the Opposition filing a contempt petition, the membership of BJP's convicted MLA Kanwar Lal had to be cancelled. The Constitution is supreme in a democratic system."
Jully also termed the decision as a "victory of democracy and the dignity of the Constitution."
He said several Congress delegations submitted memorandums to the governor and the speaker but the BJP government did not take any decision, which he said was "against the basic principles of democracy and the constitutional system".
In the 200-seat Rajasthan Assembly, the BJP has 118 MLAs and Congress has 66 MLAs.