Under Representation of Peoples Act the member of the Parliament or the Legislative Assembly can be disqualified if he is proved to be guilty of any offence or he is convicted.

The supreme court in the below decision has upheld this fact.

WRIT PETITION (CIVIL) NO. 490 OF 2005

Lily Thomas … Petitioner

Versus

Union of India & Ors. … Respondents

WITH

WRIT PETITION (CIVIL) NO. 231 OF 2005

Lok Prahari, through its General Secretary

S.N. Shukla … Petitioner

Versus

Union of India & Ors. … Respondents

So a murder convict is disqualified to be a MP.

On 10 July 2013, the Supreme Court of India, in its judgement of the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of the House with immediate effect.

So if some one is convicted in a murder case, he cannot continue as a member of the legislative assembly.

Please refer to judgment in THE SUPREME COURT OF INDIA, CIVIL ORIGINAL JURISDICTION, WRIT PETITION (CIVIL) NO. 490 OF 2005, Lily Thomas Versus Union of India & Ors.

Hope this information is useful.

Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from contesting elections. Further, he or she cannot contest for six years even after acquittal.

The following sub-section 8(4) says a lawmaker, if convicted, cannot be disqualified if he or she files an appeal in a hlawmakers convicted of any crime will be immediately disqualified.

4) supreme court struck down a provision in the electoral law, which ensures that convicted lawmakers cannot be disqualified if they appeal in a higher court within three months.

“The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction,” a bench of justices AK Patnaik and SJ Mukhopadhaya said.

10 July 2013, the Supreme Court of India, in its judgement of the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India),ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of the House with immediate effect.

In India, the members of parliament are members of Lok Sabha and Rajya Sabha. Both the houses have elected as well as nominated members. The elected members of Lok Sabha are elected directly on the basis of adult suffrage; the elected members of Rajya Sabha are indirectly elected by members of legislative assemblies of states.

The constitution of India has provided (in article 102) that a member of parliament will be disqualified for membership if: He holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament) He is of unsound mind and stands so declared by a court. He is an undischarged insolvent. He has ceased to be a citizen of India. He is disqualified under any other law by parliament The last condition above led the parliament to include some other conditions for disqualification in Representation of People Act (1951). These are as follows: He must not have been found guilty of certain election offences and corrupt practices He must not have been convicted for any offence that results in imprisonment for two or more years. However, detention under preventive detention law is not disqualification. He must not have failed to lodge an account of election expenses within stipulated time. He must not have any interest in government contracts, works and services. He must not be a director or managing personnel in a company / organization in which government has at least 25% share. He must not have been dismissed from government service due to corruption or disloyalty to state. He must not have been convicted for promoting enmity between groups. He must not have been punished for supporting social crimes such as untouchability, sati, dowry etc. Disqualification on Ground of Defection Apart from article 102, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection. Defection refers to desertion of one’s party in favor of an opposing one. As per the provisions of the Tenth Schedule, a member may be disqualified if he: Voluntarily gives up the membership of his political party which gave him ticket to contest and win Votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days. A member elected as an independent candidate shall be disqualified if he joins any political party after his election.

If someone is convicted in a murder case will he still continue to be a member of the legislative assembly

Apex court strikes down legal provision allowing convicted lawmakers a three-month window for appeals

The Supreme Court ruled that MPs and MLAs should quit immediately if they are convicted of criminal charges, irrespective of the scope for an appeal, dramatically increasing the chances that the Indian political system could be in for a bout of cleansing.

Experts and activists say this could be a boost to the growing demand for more transparency and accountability among the political class as parties may be reluctant to give tickets to those who face a plethora of charges, regardless of their ability to win an election.

This ruling has given clarity for an incongruous position that a person cannot contest election if he is convicted but can continue as a lawmaker if the conviction takes place after he or she becomes a lawmake

1. Article 102 Indian constitution.

2. section 100 The Representation of the People Act, 1951.

Q. if someone is convicted in a murder case will he still continue to be a member of the legislative assembly.

A. his election is void under section 100 The Representation of the People Act, 1951. file a writ before the high court.