A lawmaker stands disqualified if conviction not stayed: Supreme Court

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The Supreme Court has said, a lawmaker, whose conviction in a criminal case has not been stayed by an appellate court, would stand disqualified from the membership of the House.

A bench, headed by Chief Justice Dipak Misra, also reserved its verdict on a plea filed by an NGO which alleged that the 2013 verdict of the apex court was being flouted by MPs, MLAs and MLCs, who continue to hold their memberships even after their convictions in criminal cases.

The apex court had, in July, 2013, struck down a Section of the Representation of the People Act that gave a convicted lawmaker the power to remain in office on the ground that appeals have been filed within three months of conviction.

The NGO, in its fresh plea, said the disqualification of a lawmaker takes place immediately after the conviction and the membership cannot be revived with retrospective effect by an appellate court by staying the conviction.

The apex court yesterday said, the law is clear that a person, who has been convicted and has not got a stay on the conviction, his or her membership will go, adding that appellate courts are not barred from granting stay on convictions.

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