A Delhi BJP leader filed a Public Interest Litigation in the Supreme Court on Wednesday challenging the validity of a provision in the Representation of the People Act, 1951, according to which a lawmaker stands disqualified if convicted and sentenced to more than two years of jail.

Delhi BJP leader and lawyer Ashwini Kumar Upadhyay contended the provision was “arbitrary” and that services of public servants were terminated regardless of the severity of their sentence.

“Public servants are terminated from their services if convicted and sentenced to imprisonment even for two days. But, Section 8(3) of the Representation of the People Act protects the legislators from disqualification Hence, it is manifestly arbitrary, irrational and violative of Article 14 of the Constitution,” read the petition,” the petitioner said.

“Presently 159 (29 per cent) MPs have declared serious criminal cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women etc,” the petitioner said, adding, out of 542 elected candidates analysed after 2014 Lok Sabha elections, 112 (21%) had declared serious criminal cases against themselves,

Section Section 8(3) of the Act was “void and unconstitutional” as it shielded criminal lawmakers from disqualification, while public servants if convicted were removed, dismissal or compulsory retired, he contended.While out of 543 successful candidates analysed after 2009 Lok Sabha election, 76 had declared serious criminal cases against themselves.

“So, there is an increase of 109 per cent in the number of returned candidates with declared serious criminal cases since 2009,” it said.