A new chapter has unfolded in the ongoing tussle between Punjab Governor Banwarilal Purohit and Chief Minister Bhagwant Mann’s government. The latest episode in this political drama revolves around the recent conviction of Cabinet Minister Aman Arora, creating a clash of convictions and legal interpretations that has once again brought the Governor and the Aam Aadmi Party (AAP) government face to face.

The Governor, in a letter on Friday, penned his concerns to the Chief Minister Mann demanding a detailed report on the conviction of Cabinet Minister Aman Arora, specifically asking why the directions of the Supreme Court on the matter of conviction of an MLA have not been adhered to. At the same time, the Governor has also raised questions on the ‘convicted’ Minister hoisting the national flag on Republic Day.

Emphasizing the seriousness of the issue, the Governor said: “This is a serious matter involving non-compliance with the directions given by the Supreme Court.”

The Supreme Court of India, in the case of Lily Thomas vs Union of India (2013), declared Section 8(4) of the Representation of the People Act unconstitutional. As per the operative part of the judgment, if a Member of Legislative Assembly (MLA) is convicted and sentenced to imprisonment for a term of two years or more by a trial court, they stand divested of their membership.

The Apex Court also ruled against providing convicted lawmakers an extended protection period for filing appeals, emphasizing the immediate disqualification of legislators upon conviction. This decision aimed to maintain the sanctity of the democratic process and uphold ethical standards in governance by preventing individuals convicted of serious offenses from continuing to hold public office.

Going into the background of the matter, the Sunam court handed over two-year rigorous imprisonment to Arora on December 21, 2023, in a family dispute matter. The decision has yet not been stayed by a higher court. They have a 30-day time period to file an appeal.

The case was filed by his brother-in-law, Rajinder Deepa, in 2008, against Arora and others under several sections of the Indian Penal Code (IPC), including 452 (house-trespass) and 323 (punishment for voluntarily causing hurt). The court of Sunam Sub-divisional Judicial Magistrate Gurbhinder Singh Johal had convicted Arora and eight others in a 15-year-old case, sentencing all of them, including Arora’s 85-year-old mother, to two-year imprisonment under section 452 and one-year imprisonment under section 323 of the IPC. Both sentences have to run concurrently.

Expressing concern over the lack of adherence to the Supreme Court directions regarding the conviction of an MLA, the Governor, invoking the Supreme Court’s landmark judgment, asserted that this conviction should result in the automatic divestment of Aman Arora's membership from the Vidhan Sabha, as it meets the criteria laid out by the Apex Court.

The Governor, writing a letter to the Chief Minister taking serious note of a representation he received, pointed, “As per the judgement of the Supreme Court of India in the case of Lilly Thomas vs Union of India, the members of legislative assembly (MLA) stand divested of their membership if convicted and sentenced to imprisonment for a term not less than two years by a trial court.”

The unfolding events surrounding Arora’s conviction and his subsequent participation in Republic Day activities have prompted the Governor to question the intersections between legal obligations, political responsibilities, and ethical governance. The letter also noted that the representation received also raised a question of the National Flag hoisting by Arora on January 26.

The representation alleged that the “act entrusting a disqualified legislator with the symbolic representation of the nation on a day as momentous as Republic Day not only undermines the sanctity of the legal system but also sends an unsettling message to the citizenry regarding the government’s commitment to ethical governance”.

Shiromani Akali Dal (SAD), sensing an opportunity, has already entered the fray by demanding Aman Arora's immediate disqualification. SAD’s move added to the pressure on the government to address the matter swiftly and decisively.

In a letter, SAD’s legislator Dr Sukhwinder Sukhi referred to Arora's guilt on two counts and cited the Supreme Court's verdict in 2013 case, which declared a certain section unconstitutional. The SAD insisted that Arora should be disqualified as an MLA without further delay.

Elevated to the rank of a Cabinet Minister in the second cabinet expansion, two-time MLA Aman Arora is currently holding the New and Renewable Energy, Printing and Stationery, Employment Generation, and Training and Governance Reforms portfolios.