- (1.) The third respondent was elected as a Member of the State Legislative Assembly on 8 March 2012 from the Mirzapur Sadar - 396 seat. Presently, he holds the office of a Minister of State in the State Government. On 28 February 2015, he was convicted by the Chief Judicial Magistrate of offences under Sections 353, 504 and 506 of the Penal Code. The third respondent was sentenced to imprisonment of two years under Section 353 and to a fine of rupees two thousand (or in default to imprisonment of three months); to imprisonment for two years in respect of the offence under Section 504 and to a fine of rupees two thousand (or in default to imprisonment of three months); and in respect of the offence under Section 506 to imprisonment for three years and to a fine of rupees five thousand (or in default to imprisonment of six months).
(2.) On 10 March 2015, while admitting the appeal filed by the third respondent, the District and Sessions Judge, Mirzapur directed his release on bail and that the execution of the sentence would remain suspended. The third respondent had also sought a suspension of the conviction during the pendency of the criminal appeal specifically stating that he was a Member of the Legislative Assembly from the Mirzapur Assembly Constituency and that if the judgment and conviction were not stayed, he would incur a disqualification under Section 8(4) of the Representation of the People Act, 1951(the Act). The application for stay of the conviction was heard on 10 March 2015 and was deferred to 13 March 2015. The relevant part of the order of the District and Sessions Judge dated 10 March 2015 reads as follows: 585953-1
(3.) On 13 March 2015, the Sessions Judge referred to the submission of the third respondent that if the judgment of conviction was not stayed, he would incur a disqualification. The Sessions Judge also noted that the third respondent had already been released on bail on 10 March 2015. After referring to the judgment of the Supreme Court in Navjot Singh Sidhu Vs. State of Punjab and another, 2007 2 SCC 574; Lily Thomas Vs. Union of India and others, 2013 7 SCC 653; and Basant Kumar Chaudhary Vs. Union of India and others, 2013 7 SCC 653 the Sessions Judge passed the following order. 585953-3;