In an unprecedented situation highlighting the intersection of crime and politics, two newly elected municipal councillors in Kerala's Kannur district were conspicuously absent from their oath-taking ceremony on Sunday. The reason? Both are currently serving lengthy prison sentences following convictions in separate criminal cases.
Who Are The Convicted Councillors?
V K Nishad, the Communist Party of India (Marxist) councillor elected from the Mottammal division, is serving a 20-year imprisonment sentence. His conviction, delivered on November 25, relates to a 2012 case involving a bomb attack on a police vehicle in Payyannur. Intriguingly, Nishad contested and won the local body election despite already being convicted at the time of polling.
On the other side of the political aisle, BJP councillor U Prashanth finds himself in a similar predicament. He was sentenced on December 17 to a staggering 36 years in prison in a 2007 attempt-to-murder case targeting a CPM worker. Unlike his CPM counterpart, Prashanth was convicted after securing his electoral victory.
The Legal Hurdles: Disqualification Clauses
The situation brings sharp focus on specific legal provisions designed to bar individuals with criminal convictions from holding public office. Section 8 (3) of the Representation of the People Act, 1951, clearly states that a person convicted of any offence and sentenced to imprisonment for two years or more shall be disqualified from the date of conviction. This disqualification continues for a further period of six years after their release from prison.
Echoing this central law, Section 87 of the Kerala Municipalities Act adds another layer. It disqualifies any person convicted under Section 8 of the RP Act from voting, contesting elections, or holding the office of councillor for six years from the conviction date.
Political Reactions and Possible Loopholes
Despite the clear legal language, the political drama may not be over. CPM functionaries have indicated a potential path forward for their incarcerated councillor, V K Nishad. They have revealed that his bail plea is likely to be considered by the Kerala High Court in January. Party sources suggest that if bail is granted, the municipal chairperson could administer the oath to him at a later date.
This scenario underscores a complex legal and political grey area where the timing of conviction, appeal, and bail can temporarily circumvent the intent of disqualification laws. The cases have ignited a fresh debate on the efficacy of these laws in preventing individuals with serious criminal convictions from assuming elected offices.
The absence of the two councillors at the swearing-in ceremony in Kannur serves as a stark reminder of the challenges within India's electoral system. It raises critical questions about the selection of candidates by major political parties and the implementation of laws meant to cleanse politics of criminal elements. All eyes are now on the judicial proceedings in January, which could determine whether one of the convicted representatives temporarily returns to public life.
