New Delhi, Mar 2 (UNI) The Supreme Court has upheld a Chhattisgarh High Court judgement setting aside the election of an MLA to the Assembly holding that the suspension of operation of the order of sentence and conviction does not amount to temporary stay of the conviction.
A Bench comprising Justices A K Mathur and V S Sirpurkar in a judgement dated February 27 while upholding the setting aside of the election of Lal Sai Khunte from Malkharaud assembly constitutency from where he was declared elected on December 4, 2003 ruled that a specific order staying conviction had to be sought.
Khunte was convicted by Additional Chief Judicial Magistrate, Sakti in a case of cheating and forgery and was sentenced to two years rigorous imprisonment on each count and convicted under section 471 of IPC and sentenced further to one year imprisonment on May 9, 2002.
The appellate court of District and Session Judge while granting bail to Khunte suspended the judgment and order of ACJM. While submitting his nomination papers Lal Sai concealed the fact of his conviction and sentence. Defeated candidate Nirmal Sinha and others filed election petition in the High Court under RP act challenging the election on the ground that was disqualifed from contesting the polls on the date of filing of his nomination.
The High Court judgement dated August 1,2006 held that suspension of order does not mean the stay of conviction.
The apex court while agreeing with High Court held, ''as already pointed out on May 31, 2002, the appellate court, while granting him the bail only suspended the impugned order dated May 9, 2002. The suspension does not amount to temporarily washing out the conviction. The conviction still remains only the operation of the order in the sentence remain suspended that does not amount to temporary stay of the conviction. A Specfic order staying conviction has to be sought.
Hence, the view taken by the learned single judge of the Chhattisgarh High Court is correct and there is no ground to interfere. The appeal is dismissed.'' The former test cricketer Navjot Singh Sidhu contested Amritsar Lok Sabha byelection on the BJP ticket after his conviction in a road rage case was stayed by this court.
UNI
A Bench comprising Justices A K Mathur and V S Sirpurkar in a judgement dated February 27 while upholding the setting aside of the election of Lal Sai Khunte from Malkharaud assembly constitutency from where he was declared elected on December 4, 2003 ruled that a specific order staying conviction had to be sought.
Khunte was convicted by Additional Chief Judicial Magistrate, Sakti in a case of cheating and forgery and was sentenced to two years rigorous imprisonment on each count and convicted under section 471 of IPC and sentenced further to one year imprisonment on May 9, 2002.
The appellate court of District and Session Judge while granting bail to Khunte suspended the judgment and order of ACJM. While submitting his nomination papers Lal Sai concealed the fact of his conviction and sentence. Defeated candidate Nirmal Sinha and others filed election petition in the High Court under RP act challenging the election on the ground that was disqualifed from contesting the polls on the date of filing of his nomination.
The High Court judgement dated August 1,2006 held that suspension of order does not mean the stay of conviction.
The apex court while agreeing with High Court held, ''as already pointed out on May 31, 2002, the appellate court, while granting him the bail only suspended the impugned order dated May 9, 2002. The suspension does not amount to temporarily washing out the conviction. The conviction still remains only the operation of the order in the sentence remain suspended that does not amount to temporary stay of the conviction. A Specfic order staying conviction has to be sought.
Hence, the view taken by the learned single judge of the Chhattisgarh High Court is correct and there is no ground to interfere. The appeal is dismissed.'' The former test cricketer Navjot Singh Sidhu contested Amritsar Lok Sabha byelection on the BJP ticket after his conviction in a road rage case was stayed by this court.
UNI
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