Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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What is the procedure to an UTP after being elected as MLA.

(Querist) 19 June 2009 This query is : Resolved 
Appeal to all-
My client has been implicated as many as 12 criminal Cases having serious charges and he is now a under trial prisnor. During UTP he contested for MLA and Own the election and became MLA but till date he could not get the opportunity to take oath as he has not been released on bail in some of the cases by the courts. Now I want a clarification, that how he can administer(take) oath and under what provision of law.
Secondly I would like to know that if the situation continues in the same manner how long his candidature will be continued as MLA? If it will be rejected than how and when and under what provision of law?
Quick answer is awated from my learned friends.
Raj Kumar Makkad (Expert) 08 February 2010
Such person should either move an application seeking interim bail under section 438 Cr. PC. or should move an application seeking direction to the jail authorities to bring the accused to Vidhan Sabha for the purpose of oath otherwise his election can be declared as void if he do not take oath of office and secrecy within a period of 6 months of his election under the Peoples representation act.
V.V.RAMDAS (Querist) 19 February 2010
Dear Makked ji,late better than never- Thanks for your answer even though it is late but you have attempted.
Gulshan Tanwar (Expert) 01 May 2010
Read my book titled "Election law".. regarding this querry!!!

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