The controversy around Jalandhar Central MLA Raman Arora is far from over. Raman Arora was arrested by the Vigilance Bureau (VB) at his residence last month. He has been accused of conniving with officials of the Municipal Corporation by sending across fake notices of violations of norms and blackmailing people. While Raman Arora continues to remain in jail, there is a buzz that Punjab may undergo a by-election in the upcoming elections for 2 constituencies. Tarn Taran's sitting MLA Kashmir Singh Sohal, recently passed away.
Now, the question arises, can there be a byelection if an MLA is in jail? Continue reading below to know the answer-
The answer is no. As per reports, being in jail alone does not disqualify an MLA from holding office. Disqualification only occurs if the MLA is convicted of certain offences under the Representation of the People Act, 1951, and sentenced to 2 years or more in prison. Until conviction, the MLA retains their seat, unless they resign, are disqualified by the Speaker, or are otherwise removed.
Senior Advocate, Punjab & Haryana High Court, Rajkumar Bhalla, talking to True Scoop clarified that if a sitting MLA is in jail and is not convicted that his membership cannot be nullified or revoked. On being asked what if the MLA has not attended the Vidhan Sabha for consecutive 3 months, Advocate Bhalla informed that in such a case, the Speaker may write to the MLA to file his/her response in writing. If the answer is not satisfactory, then only he can recommend the revocation of his MLA membership. On being asked what if the MLA is in jail and awaiting his trial. Then, Advocate Bhalla said that being in jail is a genuine reason for not attending the session. Hence, in such a case, MLA membership cannot be revoked.
Disqualification happens only after conviction, and if the sentence is two years or more. In such cases, disqualification is immediate. Article 190(4) of the Constitution says- If a seat is vacated (resignation, death, disqualification), a by-election is held to fill it. If an MLA is arrested and sent to judicial custody but the trial is pending, no by-election is announced. They may miss Assembly sessions but legally remain an MLA.
However, there is one exception. If prolonged absence disrupts functioning or violates internal Assembly rules (like absence for 60 days without permission under Article 190(4)), the Speaker may act, potentially triggering a vacancy.