The Supreme Court is set to hear a plea from former Jharkhand Chief Minister Madhu Koda on Friday, seeking a stay on his conviction in a coal scam case to allow him to contest the upcoming state Assembly elections.
A bench comprising Justices Sanjiv Khanna, Sanjay Kumar, and R. Mahadevan announced on Thursday that they were unable to review the case files due to their late arrival, prompting the rescheduling of the matter for Friday.
The bench instructed senior advocate R.S. Cheema, representing the Central Bureau of Investigation (CBI), to review a previous court judgment concerning the standards for suspending a sentence, which differ from those applicable in bail cases. Cheema agreed to look into the earlier ruling.
On October 18, the Delhi High Court rejected Koda’s previous plea to stay his conviction, with the CBI opposing the application on grounds of maintainability.
Polling for the 81-member Jharkhand Assembly is scheduled for November 13 and November 20, with vote counting set for November 23.
On December 13, 2017, Koda, along with former coal secretary H.C. Gupta, former Jharkhand chief secretary A.K. Basu, and his associate Vijay Joshi, was sentenced to three years in prison for engaging in corrupt practices related to the allocation of the Rajhara North Coal Block to Kolkata-based Vini Iron and Steel Udyog Limited (VISUL).
Fines of ₹50 lakh, ₹25 lakh, and ₹1 lakh were imposed on VISUL, Koda, and Gupta, respectively, while Basu was fined ₹1 lakh.
The convicts were granted bail while their appeals were pending. Koda is seeking to suspend the December 2017 conviction order to participate in the Jharkhand Assembly elections.
According to the Representation of the People Act, any individual convicted of a crime and sentenced to two years or more is automatically disqualified from serving as an MP, MLA, or MLC. This disqualification lasts for six years following their release from prison.
The CBI noted that a similar application by Koda was dismissed by the high court in May 2020, arguing that his new plea was not maintainable. The high court had previously denied Koda’s request to stay his conviction, asserting that allowing him to contest elections would be inappropriate until he was fully acquitted.
The consensus is that individuals charged with crimes should be disqualified from holding public office, reinforcing the high court’s decision not to stay Koda’s conviction.
