Supreme Court Dismisses Former Jharkhand CM Madhu Koda's Plea To Suspend Conviction To Contest Assembly Elections
The Supreme Court on Friday (October 25) dismissed the petition filed by the former Jharkhand Chief Minister Madhu Koda seeking suspension of his conviction and sentence in the coal scam case to contest the upcoming Jharkhand Assembly elections.A bench comprising Justices Sanjiv Khanna and Sanjay Kumar dismissed the Special Leave Petition which was filed against the judgment of the Delhi...
The Supreme Court on Friday (October 25) dismissed the petition filed by the former Jharkhand Chief Minister Madhu Koda seeking suspension of his conviction and sentence in the coal scam case to contest the upcoming Jharkhand Assembly elections.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar dismissed the Special Leave Petition which was filed against the judgment of the Delhi High Court which rejected his plea to suspend the conviction.
The petitioner relied on the judgment of the Supreme Court in Afjal Ansari vs. State of Uttar Pradesh (2023) which suspended the conviction of BSP legislator Afsal Ansari. However, the bench distinguished the judgment by saying that it was a case of sitting legislator.
"Several factors have to be taken into consideration for stay of conviction, which is not a matter of routine. In Afjal, the appellant was sitting member of legislature. This is not factual situation here," the bench said.
The bench opined that there were no irreversible consequences arising if the conviction was not stayed.
The special court on 13.12.2017 had convicted Koda for offences under IPC Section 120B (criminal conspiracy) read with Section 13(1)(d)(ii)/13(1)(d)(iii) read with Section 13(2) of the Prevention of Corruption Act for criminal misconduct and was sentenced to undergo rigorous imprisonment for a period of three years.
Koha has moved the Supreme Court against the October 18 order of the Delhi High Court which refused a stay on 2017 conviction.
At the outset, the counsel stated that the law has debarred the former CM to contest elections under Section 8(3) of The Representation of the People Act, 1951 for a total period of six years.
As per the provision, the person convicted shall remain debarred from contesting elections for a period of 6 years after his release from conviction. The counsel however interpreted this provision and stated that the total period of debarment is 6 years, that is, 3 years of rigorous imprisonment as in this case and another 3 years which is a condition prescribed by law.
Justice Khanna however clarified that the total period of disqualification is 9 years.
Details Case: MADHU KODA VERSUS STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, DIARY NO. 49236-2024