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High Court will decide undertrial corporators’ rights

Three MPs, convicted in criminal cases, participated in the confidence vote proceedings in Parliament on Tuesday.

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Three MPs, convicted in criminal cases, participated in the confidence vote proceedings in Parliament on Tuesday. At the same time, the Bombay High Court heard a petition filed by a corporator arrested in a murder case asserting his right to attend corporation meetings to avoid disqualification while in detention.

Petitioner Mohammed Saleem Vali Mohammed Qureshi, an elected corporator of the Bhiwandi-Nizampur Municipal Corporation, was arrested in May 2007 in a murder case. His lawyers Majeed Memon and Prakash Wagh pointed out that as per the law, if a corporator fails to attend civic meetings for six consecutive months he is disqualified as a member of the corporation.

Jail authorities had refused Qureshi permission to attend corporation meetings in the past. Qureshi then moved high court, which on two occasions allowed Qureshi to leave the Thane jail, where he is currently lodged, along with an escort to sign the attendance muster. The court now has to decide the issue raised by Qureshi.

Observing that the corporator, till he is disqualified, continues to represent the people of his constituency, justices Bilal Nazki and AA Kumbhakoni asked the government and the municipal corporation to file its reply in four weeks. 

Memon pointed out to the court that as the case was being heard three convicted MPs were participating in the Parliament proceeding in New Delhi. “Why should an elected corporator be denied the right to do the same?” Memon asked.

Commenting on the increasing number of elected representatives being accused in criminal cases, the judges said light-heartedly that maybe it was time that the Parliament got a jail of its own to tide over such an issue.

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