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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SHEKHAR B. SARAF, MANJIVE SHUKLA
Ashok Pandey – Appellant
Versus
Rahul Gandhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks writ challenging mp's disqualification. (Para 1 , 2 , 3) |
| 2. discussion on implications of conviction stay. (Para 4 , 5 , 6) |
| 3. court clarifies disqualification valid only if no stayed conviction. (Para 12 , 13 , 18) |
| 4. writ petition dismissed. (Para 20) |
JUDGMENT :
MANJIVE SHUKLA, J.
1. Heard Shri Ashok Pandey, the petitioner appearing in person, Shri Surya Bhan Pandey, learned Senior Advocate assisted by Shri Anand Dwivedi, learned counsel appearing on behalf of Opposite Party No. 2, that is Union of India and Shri O.P. Srivastava, learned Senior Advocate assisted by Ms. Anupriya Srivastava, learned counsel appearing for Opposite Party No. 3, that is Election Commission of India.
2. This is a petition under Article 226 of the Constitution of India where the writ petitioner appearing in person is seeking a writ of quo warranto against a Member of Parliament. The prayers in the writ petition have been delineated below:-
"(I.) Issue a writ, order or direction in the nature of Quo Warranto thereby asking the Respondent No. 1 Sri Rahul Gandhi as to under what authority of law, he is holding the office of Member of Lok Sabha from Raibareli in spite of the fact
A stay on a conviction under Section 8(3) of the Representation of the People Act allows the convicted individual to continue holding office and contest elections until the appeal is resolved.
(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 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....
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