The five-time former Chief Minister and his son Ajay are both sitting MLAs and could stand disqualified from contesting the assembly elections next year if their conviction is not stayed by the High Court. Under the Representation of the People Act (RPA), a person convicted of any offence and sentenced to more than two years jail shall be disqualified from the date of conviction and for a further period of six years after his release. Chautala's INLD is the largest opposition in the Haryana assembly with 30 MLAs in a House of 90 members. The sentencing of the Chautalas could come as a serious setback in the 2014 elections if they are not able to contest in an essentially three-way race among Congress, INLD and BJP-Haryana Janhit Congress combination. Seeking stay on the operation of Chautala's conviction, Aggarwal said it is a case of "no evidence". The counsel also sought suspension of Chautala's sentence on health grounds saying that he is 70 per cent disabled and requires constant supervision. "The applicant had to be hospitalized (after verdict on conviction on January 16) for chest pain, difficulty in breathing, fluctuations in blood pressure and coronary heart disease and till recently was in G B Pant Hospital," he said. The petition said the trial court failed to appreciate that a Cabinet meeting is an Act under the Constitution. "Decisions of Cabinet meetings are sacrosanct and are out of purview of judicial scrutiny. The decision taken in these meetings are in full public view and scrutiny where the entire cabinet and senior bureaucracy is present," it said. It also said that the trial court findings were based on the testimony of IAS officer Sanjiv Kumar, who was also sentenced to 10 years in jail in the case, and not on the basis of investigation and evidence. (More)
