Saurabh Malik
Chandigarh, January 31
Just before the Assembly elections, the Punjab and Haryana High Court has made it clear that a contender seeking stay on his conviction for contesting the polls was required to indicate irreparable loss that would be caused to him in case it was not stayed.
The High Court also dismissed an aspirant’s plea for stay on his conviction for enabling him to contest the polls. Justice Lalit Batra, among other things, held that the contender had not been able to point out the irreparable loss or consequence in case his conviction was not stayed.
Referring to a plethora of judgments, Justice Batra asserted: “In view of the settled legal propositions, the applicant/appellant having been convicted and sentenced for the commission of offence of the aggravated form of bigamy involving ‘moral turpitude’. Further the fact he has not been able to point out what irreparable loss or consequence would fall upon him, in case, his conviction is not stayed, instant application moved by the applicant/appellant seeking the suspension of his conviction being devoid of merits, is dismissed.”
Justice Batra also made
it clear that the applicant/appellant was on a “weaker footing” compared to an employee seeking a stay on conviction on the ground of losing his job. Justice Batra asserted a similar application was moved in the case of “Shyam Narain Pandey versus the state of Uttar Pradesh”. The court’s attention was drawn to the fact that the applicant/appellant would lose his job if the conviction was not stayed. But the ground was declared to be insufficient to grant the relief. “The plea put forth by the applicant/appellant is on much weaker
footing inasmuch as he wants to contest the state Assembly elections-2022,” Justice Batra asserted.
The matter was brought to Justice Batra’s notice after an application was moved by the applicant/appellant seeking stay on his conviction during the pendency
of an appeal filed against the judgment of conviction dated June 5, 2002, passed by the Ropar Additional Sessions Judge.
His counsel contended that the applicant/appellant was a long-time active member of a political party and was currently holding the general secretary’s post. He intended to contest the upcoming Assembly elections from the Rupnagar constituency on the party ticket. The counsel further urged that his nomination papers from the Anandpur Sahib parliamentary constituency for the parliamentary elections in 2009 were rejected on the account of his conviction in the case.
Dismisses petition
Dismissing a plea, Justice Lalit Batra said the applicant/appellant had already been granted the concession of the suspension of sentence. “The relief he is seeking now can’t be granted as he hasn’t been able to draw the court’s attention to the consequences that may arise, if the conviction was not stayed.”
Can't stay conviction if aspirant fails to show irreparable loss: HC
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