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.

ORDER :

1. Rule. Learned PP waives service of notice of Rule for the respondent-State.

2. By way of present criminal revision application, the applicant has assailed his conviction and sentence dated 07.02.2023 recorded by the learned Additional Judicial Magistrate First Class, Maliya Hatina in Criminal Case No.203 of 2011 whereby the applicant – accused is convicted for the offence under Section under Section 323 read with Section 149 of the IPC and sentence to undergo simple imprisonment of 6 months and also convicted under Section 147 of the IPC and sentence to undergo simple imprisonment of 6 months and further directed both the sentences will run concurrently and also assailed the order dated 11.12.2024 recorded by the learned 2^nd Additional Sessions Judge, Junagadh Camp at Kesod (Exhibit-6) in Criminal Appeal No.12 of 2023.

3. Heard Mr. B.M. Mangukiya, learned advocate for the applicant and Mr. Hardik Dave, learned Public Prosecutor appearing for the respondent-State.

4. Mr. B.M. Mangukiya, learned advocate appearing for the applicant that the applicant has been in public life since 2003. Before marriage, the petitioner was elected as Councilor of Chorwad Municipality from Ward No. 3 and has continuously represented the ward since then. The petitioner held various positions, including Chairman of the Construction Committee (2003-2005), Chairman of the Executive Committee (2005-2008), Leader of Opposition (2011-2013), and President of Chorwad Municipality (2013-2015, 2015-2018). Currently, the petitioner is a sitting Councillor, with the term ending on March 25, 2023. The petitioner, a sitting MLA from 90-Gir Somnath Constituency, was first elected in the 2017 Gujarat Legislative Assembly elections as an Indian National Congress candidate and re-elected in 2022. If the conviction is not stayed, the petitioner faces disqualification and will be barred from contesting future elections, causing irreparable loss.

4.1 Further, learned advocate for the applicant, submits that the complainant filed a criminal case against the applicant, following which the learned Judicial Magistrate, First Class, Maliya Hatina, passed a judgment and order of conviction in Criminal Case No. 203 of 2011 on 07.02.2023. The Judicial Magistrate convicted the applicant, along with co-accused, under Section 323 read with Section 149 of the Indian Penal Code, 1860, sentencing them to six months of simple imprisonment. Additionally, the applicant and co-accused were convicted under Section 147 of the IPC, 1860, and sentenced to another six months of simple imprisonment, with both sentences to run concurrently. The applicant challenged this order through Criminal Appeal No. 12 of 2023 on various grounds and filed an application under Section 389 of the Cr.P.C. (Exhibits 5 and 6) for suspension of sentence and conviction before the Additional Sessions Judge, Junagadh Camp at Kesod. This application remained pending along with the main appeal. Meanwhile, the complainant also challenged the order through Criminal Appeal No. 15 of 2023. Subsequently, the applicant requested the learned Sessions Judge to stay the conviction, but the application was dismissed. The applicant then approached this Court through Criminal Revision Application No. 273 of 2023, where a Coordinate Bench of this Court quashed and set aside the order of the Additional Sessions Judge, Junagadh Camp at Kesod, directing the pending application for suspension of conviction to be decided within four weeks from the date of receipt of the Court’s order. Pursuant to this direction, on 11.12.2024, the learned Additional Sessions Judge dismissed the application below Exhibit 6 with the following direction:

“2. However, Mr. Vimal Kanabhai Chudasama i