Attorney General Goolam Vahanvati has made it clear that following a Supreme Court ruling, convicted MPs and MLAs stand disqualified immediately upon conviction, but was silent on the process to be followed.
The Lok Sabha and Rajya Sabha secretariat has sought suggestions from Law Ministry on the procedure to be adopted for the disqualification of the convicted MPs.
In its July 10 judgement, Supreme Court had struck down a provision in the electoral law which protects a convicted lawmaker from disqualification on the grounds of pendency of an appeal in a higher court.
Lok Sabha secretariat had sought the Attorney General's opinion following the conviction of Yadav, the Rashtriya Janata Dal chief, while Rajya Sabha has made a similar request in connection with JD(U) MP Sharma.
The two MPs, who have been sentenced to more than two years in jail, stand to lose their Parliamentary seats after the government withdrew a Bill and a subsequent Ordinance seeking to protect convicted lawmakers from immediate disqualification from the membership of legislative bodies.