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2020 Supreme(Del) 1315

VIBHU BAKHRU
Madhu Koda – Appellant
Versus
State Through CBI – Respondent


Advocates Appeared:
Abhimanyu Bhandari, Advocate, Gauri Rishi, Advocate, Srishti Juneja, Advocate, Aashima Singhal, Advocate, Vinay Prakash, Advocate, R.S. Cheema, Advocate, Tarannum Cheema, Advocate, Smrithi Suresh, Advocate, Hiral Gupta, Advocate, Akshay Nayarajan, Advocate

JUDGMENT

Vibhu Bakhru, J. - The appellant has filed the present applications, inter alia, praying that the operation of the impugned order dated 13.12.2017 passed by the learned Special Judge convicting the appellant of the offence of criminal misconduct under sub-clauses (ii) and (iii) of clause (d) of sub-section (1) of section 13 read with sub-section (2) of section 13 of the Prevention of Corruption Act, 1988 (hereafter ''PC Act''), be stayed.

2. The appellant desires to contest for election to public offices, including contest elections for the Legislative Assembly of the State of Jharkhand but is disqualified to do so on account of his conviction. The appellant states that he was elected as a member of Bihar Legislative Assembly for the first time in the year 2000. On 15.11.2000, the State of Jharkhand was carved out from the erstwhile State of Bihar. The appellant held the office of the Minister of the State for Rural Engineering Organization thereafter and continued to do so till the year 2003. It is stated that thereafter, he held the office of Minister of Panchayati Raj of Special Arrangement. The appellant successfully contested the elections for the Legislative Assembly

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