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The Supreme Court of India delivered a decisive ruling on Friday, dismissing the petition filed by former Jharkhand Chief Minister Madhu Koda seeking the suspension of his conviction and sentence in a coal scam case. This decision effectively bars Koda from contesting the upcoming Jharkhand Assembly elections, as reported by Live Law.
The apex court bench, comprising Justices Sanjiv Khanna and Sanjay Kumar, dismissed the special leave petition filed by Koda, which challenged the Delhi High Court's October 18th decision rejecting his plea for a suspension of his conviction. Koda had cited the Supreme Court's judgment in the case of Bahujan Samaj Party MP Afzal Ansari, whose conviction was suspended in December 2023, as a precedent for his case. However, the court clarified that the Ansari case was different because it involved a sitting legislator, a distinction that did not apply to Koda.
The bench emphasized the need for careful consideration when determining whether to stay a conviction, stating that it is not a routine matter. They pointed out that in the Ansari case, the appellant was a sitting member of the legislature, a factor absent in Koda's case. They further argued that there would be no irreversible consequences if Koda's conviction was not stayed. Koda, who joined the Bharatiya Janata Party (BJP) in August, served as Jharkhand's Chief Minister from September 2006 to August 2008. In the upcoming Jharkhand elections, the BJP has nominated his wife, Geeta Koda, to contest the Jaganathpur seat.
The court's decision stems from Koda's 2017 conviction by a special court for criminal conspiracy and corruption in connection with the coal scam. He was sentenced to three years of imprisonment. Koda's counsel had argued that under Section 8(3) of the Representation of the People Act, 1951, his client would be barred from contesting elections for six years due to the conviction. This, according to his lawyer, includes three years of imprisonment and an additional three years mandated by law.
However, Justice Khanna clarified that the six-year disqualification period begins after the completion of the prison sentence, resulting in a total disqualification period of nine years. This effectively rules out Koda's participation in the Jharkhand elections. The Supreme Court's decision underscores the importance of upholding legal principles and ensuring accountability in the face of corruption. While Koda's political ambitions remain thwarted, the verdict reinforces the commitment to justice and transparency in India's political landscape.
Source: SC dismisses former Jharkhand CM Madhu Koda’s plea seeking suspension of conviction to contest polls