ORDER

This appeal under Section 116A of the Representation of the People Act, 1951 (for short, the Act) has been preferred by the elected candidate. The facts are brief and few. The appellant was an elected member of the Karnataka Legislative Assembly which was dissolved in February 2004. By judgment and order dated 28th July 2000, the appellant was convicted and sentenced to undergo imprisonment for a period of seven years by the VI Addl. Sessions Judge, Solapur, in S.C. No. 203/1999. Immediately thereafter, Criminal Appeal No. 658 of 2000 was preferred by the appellant challenging the judgment of conviction and order of sentence. Pending the appeal, the Bombay High Court granted stay of the execution of the sentence.

2) The fresh elections to Karnataka Legislative Assembly were notified. The election programme notified was as under :

Last date of nomination : 31.03.2004

Date of scrutiny of nomination : 02.04.2004

Last date for withdrawal : 05.04.2004

Date of polling : 20.04.2004

Date of declaration of result : 13.05.2004

The appellant moved an application in the pending appeal, for stay of the order of conviction dated 28th July, 2000, so that he can contest the election. The Bombay Hig