Rape convict Kuldeep Sengar faces disqualification as lawmaker

Expelled BJP MLA from Bangarmau in Unnao Kuldeep Singh Sengar, who was convicted of rape by a Delhi court on Monday, is set to lose his membership of the state assembly.

“Kuldeep Singh Sengar stands disqualified from date of his conviction by the court. Under the provisions of Article 191 of the Constitution of India, the state Governor will disqualify him from the date of conviction on the report of the Election Commission of India,” said CB Pandey former advisor to governor and a legal expert.

In 2013, the Supreme Court had struck down the provisions that allowed the MPs and MLAs three month time for filing appeal against their conviction.

Former IAS officer and general secretary of Lok Prahari SN Shukla on whose petition the SC gave these orders, however, said much would depend on quantum of punishment that the court may give to the MLA. “Sengar will be disqualified if the quantum of punishment is more than two years,” said Shukla

A senior officer said the disqualification of Kuldeep Sengar was almost certain though the Delhi court’s order convicting Sengar was yet to be received and studied. A notification about disqualifying him may only be a formality once the court’s order convicting Sengar and pronouncing quantum of punishment were available, said the officer.

The court will hear arguments on the quantum of sentence on Tuesday.

The BJP expelled Sengar from the party on August 1 this year after an outrage when the survivor and her lawyer were seriously injured and her two aunts were killed after a truck rammed their car near Rae Bareli late July. But despite his expulsion, Sengar’s name still figures as the party’s Unnao MLA on the state assembly’s website.

This will be second disqualification of an assembly member of Uttar Pradesh following conviction in 2019. BJP MLA from Hamirpur Ashok Chandel was disqualified earlier this year following his conviction in a murder case.

Speaker Vidhan Sabha Hridaya Narain Dikshit said powers to disqualify members of state legislature are vested in the Governor and his office was yet to get any information on Sengar’s conviction.