“Factors that May Lead to Disqualification: What to Keep in Mind”

The Representation of the People Act, 1951 stipulates that any member of Parliament or Legislative Assembly who is convicted of an offence and sentenced to imprisonment for two years or more will be disqualified from their position. This disqualification, however, will only come into effect three months after the date of conviction. If an appellate court grants a stay on the conviction or sentence within this period, the disqualification will be stayed until the case is disposed of. Mahesh Jethmalani, a lawyer at the Supreme Court, confirmed this information. Therefore, it can be concluded that if a Member of Parliament is sentenced to two years or more imprisonment, they will be disqualified from their position unless an appellate court grants a stay on their conviction or sentence within three months.