Supreme Court · 2018 INSC 884 · Decided 26 September 2018
Lok Prahari, Through Its General Secretary S.N. Shukla v. Election Commission of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 884 · [2018] 12 S.C.R. 169
- Case number
- WRIT PETITION (CIVIL) No. 330/2016
- Decided
- 26 September 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC Section 353, 504, 506; CrPC Section 389; Constitution Article 102(1)(e), 191(1)(e); Representation of the People Act Section 8
Headnote
Representation of the People Act, 1951 - s.8 - Disqualification u/s.8 on conviction for certain offences - Stay of conviction by the Appellate Court - Effect of - Held: Upon the stay of a conviction u/s. 389 of Cr.P.C., not operate - The Appellate Court has power, in an appropriate case, to stay the conviction u/s.389 of Cr.P.C. besides suspending the sentence - The power to stay conviction is by way of an exception - Before, it is exercised, the Appellate Court must be made aware of the
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