In Brief
A public interest litigation challenged whether an Election Commission notification was required to disqualify a Member of Legislative Assembly (MLA) convicted of criminal offences, even when an appellate court stayed the conviction. The petitioner argued that disqualification under the Representation of the People Act operates automatically upon conviction. The Supreme Court dismissed the petition, holding that upon a stay of conviction granted by an appellate court under Section 389 of the Code of Criminal Procedure, the disqualification under Section 8 of the Act ceases to operate. The Court relied on settled precedents that an appellate court can stay conviction in appropriate cases, and a stay relieves the individual from disqualification consequences.
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