In Brief
A public interest litigation sought a declaration that a convicted MLA was disqualified and his seat vacant despite the appellate court's stay of conviction. The Supreme Court dismissed the petition, holding that upon an appellate court staying a conviction under Section 389 of the Code of Criminal Procedure, the disqualification under Section 8 of the Representation of the People Act does not operate. The Court clarified that appellate courts have power to stay convictions in appropriate cases where consequences have been drawn to their attention, and a stay of conviction relieves the individual from disqualification consequences.
The lawyer headnote and full judgment text are available to registered users.