Madhya Pradesh assembly disqualifies Congress MLA Rajendra Bharti at midnight, opposition cries foul

BHOPAL: Hours after a Delhi court sentenced Congress' Datia MLA Rajendra Bharti to three years in jail in a bank fraud case on Thursday, the Madhya Pradesh assembly secretariat hurriedly opened its office around midnight, issued a notification on Bharti's disqualification from the assembly and declared the seat vacant.

The disqualification, however, has triggered a political row, with the opposition party terming the "midnight" move a "blatant violation of the democratic process". The Delhi court had put Bharti's sentence in abeyance for 60 days, allowing him to appeal the verdict.

The Congress politician had defeated then MP home minister and state political heavyweight Narottam Mishra of the governing BJP in the 2023 assembly polls.

While the state assembly's principal secretary, Arvind Sharma, cited the action in accordance with Section 191(1)(c) of the Representation of the People Act, 1951, constitutional experts told TOI that the Speaker's decision was premature and apparently not in keeping with the law.

"Prima facie, the Speaker's decision isn't right. How can you take a decision on a judgment, which itself is in limbo since the court put it in abeyance for 60 days," said Rohi Arya, a retired judge of the MP high court.

Another retired MP HC judge, Abhay Gohil, said, "The trial courts usually stay their order on request of the accused to enable him to appeal in a higher court. Once the conviction and sentence are stayed by the court, there should be no action against the accused till the appellate court steps in and gives directions on the future course of action."

Former MP assembly Speaker NP Prajapati wondered whether an MLA or the parliamentary affairs minister had informed the MP assembly in writing about the Delhi court's decision against Bharti and urged it to take action to disqualify him, or whether the assembly itself took cognisance and moved ahead.

Meanwhile, BJP and Congress traded charges. State Congress president Jitu Patwari and former minister PC Sharma rushed to the state assembly late on Thursday and asked the principal secretary why his office was running at those hours. Congress claimed it was told that it was for "some regular business".

Later, Patwari said that Congress senior lawyers, including Kapil Sibal and Vivek Tankha, have taken up Bharti's case and have already filed an appeal in the Delhi HC.

To counter Congress, BJP called a press conference on Friday. "State Congress president Jitu Patwari unconstitutionally entered the state assembly on Thursday night and attempted to protect Datia MLA Rajendra Bharti, who has been convicted in a corruption case," state minister Vishwas Sarang said. "BJP has no connection to the case. Action has been taken according to law," he said.