Beruflich Dokumente
Kultur Dokumente
Behalf of respondent
It is submitted that the legal basis of sub-section
(4) of Section 8 of the Act is based on an earlier
judicial view in the judgment of a Division Bench in
Shri Manni Lal v. Shri Parmal Lal and Others [(1970)
2 SCC 462] that when a conviction is set aside by
an appellate order of acquittal, the acquittal takes
effect retrospectively and the conviction and the
sentence are deemed to be set aside from the date
they are recorded. It is submitted that in B.R. Kapur
v. State of T.N. and Another [(2001) 7 SCC 231] a
Constitution Bench reversed the aforesaid judicial
view and held that conviction, and the sentence it
carries, operate against the accused in all their
rigour until set aside in appeal, and a
disqualification that attaches to the conviction and
sentence applies as well. It is further submitted
that this later view has been reiterated by a
Constitution Bench of this Court in K. Prabhakaran
v. P. Jayarajan etc. [(2005) 1 SCC 754].
Thus as soon as a person is convicted of any of
the offences mentioned in sub-sections (1), (2) and
(3) of Section 8 of the Act, he becomes disqualified
from continuing as a member of Parliament or of a
State Legislature notwithstanding the fact that he
has filed an appeal or a revision against the
conviction and there is no legal basis for providing
in sub-section (4) of Section 8 of the Act that his
disqualification will not take effect if he files an