NEW DELHI: The Supreme Court on Friday dismissed a plea filed by ex Jharkhand Chief Minister Madhu Koda to stay his conviction in a coal block scam case to allow him to contest the upcoming Assembly polls.
A bench of Justices Sanjiv Khanna and Sanjay Kumar said the stay on the conviction can't be allowed in a routine manner as there are several factors to be considered for it.
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In the case at hand, the bench said there was no irreversible consequences if the conviction was not stayed.
The court also rejected his contention to rely upon the previous Supreme Court's order in Afjal Ansari in which the conviction was stayed as he was a sitting Member of Parliament.
A three-judge bench of the Supreme Court had by a majority view of 2:1 on December 14, 2023 suspended conviction of BSP MP from Ghazipur Afjal Ansari, in view of severity of consequences faced by him, including his disqualification to contest the forthcoming general elections next year.
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In case of Koda, the bench declined to interfere with the Delhi High Court's order which had dismissed Koda's plea.
Koda was in 2017 convicted of corruption and conspiracy in the allocation of a Jharkhand-based coal block and sentenced to three years of imprisonment.
In its order on October 18, 2024, the Delhi High Court pointed out that Koda was not an elected representative, who incurred disqualification during the tenure of holding public office.
The High Court had also relied on Navjot Singh Sidhu case, in the Supreme Court had in 2007 stated that the power to stay conviction can be exercised in exceptional circumstances.
It has also said his plea must not be construed without a backdrop at two distinct levels, right to represent in a constitutional democracy, and a greater democratic ideal of decriminalisation of politics.
Koda had earlier too filed an application for suspension of conviction which was dismissed in 2020.
