The Special Central Bureau of Investigation (CBI) court pronounced a verdict on 30 September 2013 related to 17-year-old multi crore fodder scam case. In this case main convicted persons were Rashtriya Janata Dal(RJD)chief Lalu Prasad Yadav , former Bihar Chief Minister and Congress leader Jagannath Mishra and 43 others.
Lalu Prasad Yadav sentenced to five year term related the fodder scam. Lalu Prasad Yadav now becomes one of the first politicians to lose his parliamentary seat after a recent Supreme Court ruling which bans convicted legislators from holding the office.
Rajya Sabha member Rasheed Masood became the first politician to lose his parliamentary seat after a recent Supreme Court ruling on convicted law makers.
Supreme Court Judgment related convicted MPs and MLAs
According to the Supreme Court Judgment related convicted MPs and MLAs, once they convicted in any court regardless of appeals to higher courts they will automatically lose their MPs and MLAs seats.
Supreme Court judgment on 10 July 2013 struck down sub-section 4 of Section 8 of Representation of the People Act, under which incumbent MPs and MLAs can avoid disqualification till pendency of the appeal against conviction in a higher court.
Disqualification provisions under Indian Constitution
According to the Indian Constitution Article 102 for Member of either house of Parliament (MP) and Article 191 for Member of Legislative Assembly or Council (MLA or MLC) a person shall be disqualified for following conditions
(a) If he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder
(b) If he is of unsound mind and stands so declared by a competent court.
(c) If he is an un discharged insolvent
(d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State
(e) If he is so disqualified by or under any law made by Parliament.
About Fodder Scam
The Fodder Scam was a corruption scandal involved the fabrication of vast herds of fictitious livestock for which fodder, medicines and animal husbandry equipment was supposedly procure.
The Fodder Scam involved the embezzlement of huge sum from the government treasury of Indian state of Bihar.