The Supreme Court on Friday dismissed plea of ex-Jharkhand Chief Minister Madhu Koda for stay of his conviction in coal scam case to enable him contest upcoming state polls.
A Bench of Justices Sanjiv Khanna and Sanjay Kumar refused to interfere with the October 18 order of the Delhi High Court refusing the stay on his conviction, which happened in 2017.
Polling for the 81-member Jharkhand assembly will be held in two phases on November 13 and November 20, respectively, and the counting of votes will take place on November 23.
A statement from the bench directed senior advocate R S Cheema, representing the Central Bureau of Investigation ( CBI), to refer to an earlier judgment that outlines different criteria for suspending a sentence compared to bail cases. Cheema agreed to review the prior judgment.
Previously, on October 18, the Delhi High Court rejected Koda's request to stay his conviction. The CBI opposed Koda’s application, citing issues of maintainability. Elections for Jharkhand’s 81-member Assembly are set for November 13 and November 20, with vote counting on November 23.
On December 13, 2017, Koda, former coal secretary H C Gupta, former Jharkhand chief secretary A K Basu, and Koda’s aide Vijay Joshi were sentenced to three years in prison for corruption and conspiracy in allocating the Rajhara North Coal Block to Kolkata-based company Vini Iron and Steel Udyog Limited (VISUL). The court also fined VISUL Rs 50 lakh, Koda Rs 25 lakh, and Gupta and Basu Rs 1 lakh each. All convicts were granted bail during their appeals.
Koda seeks suspension of his 2017 conviction to participate in the state elections. According to the Representation of the People Act, those convicted and sentenced to at least two years in jail are disqualified from serving as MPs, MLAs, or MLCs, and remain disqualified for six years post-release.
The CBI argued that a similar application by Koda was dismissed by the high court in May 2020 and that his new plea lacks maintainability. The high court, in May 2020, stated, “It would not be apt to allow him to contest an election to any public office until he was finally acquitted.”
(With agency inputs)
A Bench of Justices Sanjiv Khanna and Sanjay Kumar refused to interfere with the October 18 order of the Delhi High Court refusing the stay on his conviction, which happened in 2017.
Polling for the 81-member Jharkhand assembly will be held in two phases on November 13 and November 20, respectively, and the counting of votes will take place on November 23.
A statement from the bench directed senior advocate R S Cheema, representing the Central Bureau of Investigation ( CBI), to refer to an earlier judgment that outlines different criteria for suspending a sentence compared to bail cases. Cheema agreed to review the prior judgment.
Previously, on October 18, the Delhi High Court rejected Koda's request to stay his conviction. The CBI opposed Koda’s application, citing issues of maintainability. Elections for Jharkhand’s 81-member Assembly are set for November 13 and November 20, with vote counting on November 23.
On December 13, 2017, Koda, former coal secretary H C Gupta, former Jharkhand chief secretary A K Basu, and Koda’s aide Vijay Joshi were sentenced to three years in prison for corruption and conspiracy in allocating the Rajhara North Coal Block to Kolkata-based company Vini Iron and Steel Udyog Limited (VISUL). The court also fined VISUL Rs 50 lakh, Koda Rs 25 lakh, and Gupta and Basu Rs 1 lakh each. All convicts were granted bail during their appeals.
Koda seeks suspension of his 2017 conviction to participate in the state elections. According to the Representation of the People Act, those convicted and sentenced to at least two years in jail are disqualified from serving as MPs, MLAs, or MLCs, and remain disqualified for six years post-release.
The CBI argued that a similar application by Koda was dismissed by the high court in May 2020 and that his new plea lacks maintainability. The high court, in May 2020, stated, “It would not be apt to allow him to contest an election to any public office until he was finally acquitted.”
(With agency inputs)
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