LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S.N. SHUKLA versus ELECTION COMMISSION OF INDIA & ORS.

LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S.N. SHUKLA versus ELECTION COMMISSION OF INDIA & ORS.

A stay of conviction by an appellate court under Section 389 of CrPC prevents disqualification under Section 8 of Representation of the People Act, 1951 from operating; appellate court possesses power to stay conviction, and such stay makes the disqualification non-operative from the date of stay; no retrospective revival of membership occurs because disqualification ceases only prospectively upon stay.

Parties
Petitioner: Lok Prahari, through its General Secretary S.N. Shukla; Respondents: Election Commission of India & Ors.
Jurisdiction
India
Judgment Date
26 September 2018
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ Petition dismissed
Legal Topics
Disqualification of Members of Parliament/state Legislature, Effect of Stay of Conviction, Power of Appellate Court to Stay Conviction
Constitutional Law Election Law Criminal Law Disqualification of Members of Parliament/state Legislature Effect of Stay of Conviction Power of Appellate Court to Stay Conviction

Case Brief

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Parties

Lok Prahari, through its General Secretary S.N. Shukla

Petitioner

Election Commission of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether a stay of conviction by an appellate court wipes out disqualification under Section 8 of the Representation of the People Act, 1951.
  2. 2 Whether membership of a convicted MP/MLA/MLC can be revived retrospectively despite vacancy having occurred from the date of conviction.
  3. 3 Whether appellate court has power to stay conviction under Section 389 CrPC.

Ratio Decidendi

A stay of conviction by an appellate court under Section 389 of CrPC prevents disqualification under Section 8 of Representation of the People Act, 1951 from operating; appellate court possesses power to stay conviction, and such stay makes the disqualification non-operative from the date of stay; no retrospective revival of membership occurs because disqualification ceases only prospectively upon stay.

Court Disposition

Writ Petition dismissed

Orders

  • Pending applications disposed of
  • No order as to costs