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Vikas Yadav   15 March 2021

Mp/mla fir

Can an FIR or a lawsuit be registered directly against an MP / MLA. Under which process criminal cases are held against public representatives


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 2 Replies

Kevin Moses Paul   15 March 2021

As per your query, let me tell that what you're asking isn't available legally, which means legally speaking you cannot do so. This is because the elected representatives have political responsibility and not a legal responsibility of development of their constituency. So, no case can be filed against them simply for not doing their duty.

Therefore, if you think your MP/MLA has not done his duty you can punish them politically by not voting for them in the next election and that is why in democracy one should always cast his vote with due care.

However, if you find that your MP/MLA has misused or misappropriated the funds meant for the development of your area, you can file a corruption case against them.
You can take the route of RTI to gather evidence for your case.

However, you can file writ against them or the administration, and the court can grant a writ of mandamus, this may help you.

Hope It Helps

Regards
Kevin M. Paul

ganesh ns   01 June 2021

FIR can be registered against MPs and MLA's. Constitution protects only Governors of State and President of India against prosecution or launching of Criminal cases. The Protection not given to MPs and MLA's.

If they commit an offence FIR can be filed.

But the Court cannot able to take cognizance of the offence for Trial without getting a Sanction from the appropriate authority.

Best wishes...


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