CHANDIGARH: In a major setback to the Aam Aadmi Party (AAP), the Punjab and Haryana High Court has dismissed the petition of Khadoor Sahib MLA Manjinder Singh Lalpura, who had challenged his conviction and four-year sentence in a 2011 molestation case. The rejection of his plea has reignited a legal and political storm in Punjab, especially as the Assembly Speaker has yet to declare his seat vacant despite clear directions of the Supreme Court on disqualification of convicted legislators.
Lalpura, along with seven others, was convicted by a local court earlier this year for molesting a woman during an incident that occurred over a decade ago. He was sentenced to four years of rigorous imprisonment, a term that automatically triggers disqualification under the Representation of the People Act, 1951 and the Supreme Court’s landmark 2013 judgment in the Lily Thomas case.
As per the apex court’s ruling, any sitting legislator—MP or MLA—convicted of an offence and sentenced to more than two years’ imprisonment stands immediately disqualified from holding office, and their seat is deemed vacant from the date of conviction.
However, despite the High Court’s rejection of Lalpura’s petition, the Punjab Vidhan Sabha Speaker has not yet issued a notification declaring the Khadoor Sahib seat vacant, raising questions over possible political considerations and selective implementation of constitutional mandates.
Legal experts say the Speaker’s inaction amounts to defiance of the Supreme Court’s binding precedent. “The disqualification is automatic and does not require any separate order from the Speaker once the conviction is final or upheld by a higher court, ” said a senior High Court advocate. “By not declaring the seat vacant, the Speaker risks contempt proceedings or judicial intervention.”
Opposition parties, including the Congress and the Shiromani Akali Dal, have seized the issue to attack the AAP government’s claims of transparency and morality. They allege that the ruling party is shielding its tainted MLA to maintain its strength in the Assembly, particularly ahead of the upcoming by-elections.
Lalpura, who was elected from Khadoor Sahib on an AAP ticket, has been a controversial figure since his conviction. While he has maintained that the case was politically motivated and that he will approach the Supreme Court, the High Court’s rejection of his plea now leaves him with limited legal recourse.
The ball is now in the Speaker’s court, and political observers believe that his decision—or delay—could have far-reaching constitutional and political implications in Punjab.