Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
RAJNISH R.VYAS
Deelip Gopalsingh Thakur – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. second stay application follows prior rejection. (Para 1 , 2 , 3) |
| 2. conviction bars co-opted councillor nomination. (Para 4 , 5 , 7 , 8 , 9 , 10) |
| 3. second application not maintainable post speaking order. (Para 11 , 12) |
| 4. application maintainable with additional pleadings. (Para 13 , 14 , 15 , 16) |
| 5. moral turpitude conviction triggers councillor disqualification. (Para 17 , 18 , 19) |
| 6. rioting offences involve moral turpitude. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. no exceptional case for conviction stay. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. stay denied; precedents distinguished. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
RAJNISH R. VYAS, J.
1. Heard Mr. Gangakhedkar, learned counsel for the applicant and Ms. Bhosale, learned APP for the State.
2. This is the second application preferred by the applicant for a stay of his conviction.
3. First application was rejected by this Court vide order dated 24.02.2026, in which the reasons were given at length.
4. Learned counsel for the applicant has now contended that while rejecting the earlier application, the court has taken into consideration the fact that there were no sufficient pleadings made an
Rioting with damage to public property and assault on public servants constitutes moral turpitude under municipal disqualification provision; no stay of conviction without exceptional irreparable inj....
Conviction under the Prevention of Food Adulteration Act does not inherently involve moral turpitude; merely contravening a regulatory provision is insufficient to justify disqualification for office....
(1) Stay on conviction – Very notion of irreversible consequences is centered on factors, including individual’s criminal antecedents, gravity of offence, and its wider social impact, while simultane....
Suspension of a teacher under university statutes requires a finding of moral turpitude, which was not established in the case of a motor vehicle accident without mens rea.
The court ruled that a conviction under IPC for less than six months does not disqualify a sitting MLA from contesting elections, emphasizing the need for suspension of conviction in such cases.
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
Section 389 of the Code of Criminal Procedure, 1973, empowers the appellate court, pending an appeal by a convicted person and for reasons to be recorded in writing to order that the execution of a s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
