The Himachal Pradesh high court stayed former Kalka MLA Pradeep Chaudhary’s conviction in a rioting case on Monday, following which his membership to the Haryana assembly will be restored.
Legal experts say the orders of the Haryana assembly speaker to unseat Chaudhary from the legislative assembly will have to be withdrawn. The HC order has also terminated prospects of an assembly bypoll.
In January, a Nalagarh court had convicted and sentenced Chaudhary three years’ imprisonment on charges of rioting. The Congress leader was subsequently unseated as a member of the Haryana assembly as per Section 8 (3) of the Representation of the People Act.
The disqualification provision says that a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
Chaudhary’s counsel Bipin Negi said a single judge bench of justice Sandeep Sharma of the HP high court suspended his conviction on Monday. “The Solan sessions court had already stayed his sentence. The suspension of the conviction will continue till the appellate court decides on our appeal against his conviction,’’ Negi said.
Former Punjab advocate general Ashok Aggarwal said if the HC has stayed the conviction of the unseated MLA, the speaker will have to restore his membership.
{{/usCountry}}Former Punjab advocate general Ashok Aggarwal said if the HC has stayed the conviction of the unseated MLA, the speaker will have to restore his membership.
{{/usCountry}}Former Haryana advocate general Mohan Jain said, “When the HC has decided in Chaudhary’s favour by suspending his conviction, then the assembly speaker has no other option but to withdraw the orders to disqualify him from the Assembly.”