Disqualified lawmaker's House membership to be revived if conviction is stayed: SC

If an appellate court stays the conviction of a disqualified lawmaker, his or her membership of a House will be revived, the Supreme Court held Wednesday.

A three-bench headed by Chief Justice Dipak Misra, while dismissing a petition filed by NGO 'Lok Prahari', said once the conviction has been stayed, the disqualification which operates as a consequence of the conviction in a criminal offence cannot take effect.

"Once the conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect," the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, said.

The apex court dismissed the NGO's submission that the appellate court does not have the power to stay the conviction.

The bench also said it cannot be maintained that the disqualification from conviction will continue despite a stay from the appellate court.

The NGO had alleged that the 2013 verdict of the apex court in the Lily Thomas case was being flouted by the Members of Parliament, MLAs and MLCs, who continue to hold their membership even after their conviction in criminal cases.

It had also said that the 2013 verdict barred the appellate courts from staying the conviction of a lawmaker.

The plea had 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 bench said "there is no merit in the submission that the power conferred on the appellate court under Section 389 (suspension of sentence pending the appeal; release of appellant on bail) does not include the power, in an appropriate case, to stay the conviction."