JUDGMENT

Dr Dhananjaya Y Chandrachud, J

1 The petitioner, Lok Prahari, is a society registered under the Societies’ Registration Act 1860 with objects pertaining to public governance and administration. It has invoked the jurisdiction of this Court under Article 32 of the Constitution, in the present Public Interest Litigation through its General Secretary, who appeared in person. The following amongst other reliefs have been sought:

1 “Declare that since the law does not provide for stay of conviction, even in case of stay of conviction by the appellate court for an offence attracting disqualification under Section 8 of RP Act, 1951, any such stay order does not have the effect of wiping out the disqualification and reviving the membership with retrospective effect and consequently, the seat of the concerned member is deemed to have beome vacant with effect from the date of conviction in terms of Article 101(3)(a) and 190(3)(a) of the Constitution.

2 Declare that as a consequence of the declaration as per 1 above, any member of Parliament of State legislature who becomes subject to disqualification mentioned in Article 102(1)(e) or 190(1)(e) shall be liable to penalty under Articl