NEW DELHI: The Supreme Court on Monday reserved its verdict on a PIL which sought once an MP or MLA was disqualified on being convicted and sentenced to two or more years, no appeal court should stay the conviction permitting them to resume House membership.

An NGO, ‘Lok Prahari’, through S N Shukla argued before a bench headed by CJI Dipak Misra once a representative was disqualified on conviction and sentence, the disqualification could be set aside only after final hearing in the appeal court and there should be no interim stay on the conviction to permit the person to resume his/her membership in Parliament or assembly.

The NGO had also complained that neither the Election Commission nor governments had put in place a mechanism to implement the SC’s 2013 verdict ordering immediate disqualification of elected representatives upon conviction in a criminal case.

Appearing for the Centre, additional solicitor general Maninder Singh said completely barring appeal courts from exercising their discretion to stay conviction would amount to taking away their statutory power conferred under Section 389 of the Criminal Procedure Code.

The CJI-led bench said, “Power under Section 389 of the CrPC cannot be completely taken away. However, MPs and MLAs who do not get stay of conviction should have to go.”

“If the appeal court grants stay prior to the EC issuing notice for fresh election after disqualification because of conviction and sentence, then he can resume his seat in the House,” the bench added.

