Delhi HC reserves verdict in former minister’s plea for stay of conviction to contest upcoming Lok Sabha, Odisha elections

The application states that by virtue of Section 8(3) of the Representation of the People Act, 71-year-old Ray stands disqualified from contesting the upcoming national or Odisha state Assembly election or getting nominated to the Rajya Sabha, which irreparably and “irreversibly causes grave prejudice” to him, especially considering his age.

The application was filed in his appeal challenging a 2020 trial court order which had convicted and sentenced him. The high court had on October 27, 2020, issued notice to the CBI on Ray’s appeal and had suspended his three-year jail term during the pendency of his appeal.

“The change of circumstances is that non-listing of the appeal for final disposal despite passage of more than three years and the impending National General elections and Odisha state assembly elections wherein the applicant/ appellant (Ray) is aspiring to contest,” the application said.

The senior counsel appearing for Ray argued that he is a senior citizen and wants to contest the elections as he wishes to remain in public life.

Meanwhile, the CBI opposed the prayer for stay of conviction and stated that the offence was under the Prevention of Corruption Act, which is a “category apart” and referred to judgments on this aspect.

The trial court had on October 6, 2020, convicted Ray for offences punishable under Section 120B (criminal conspiracy) and 409 (criminal breach of trust by public servant) of the IPC as well as provisions of the Prevention of Corruption Act.

On October 26, 2020, he was sentenced to undergo rigorous imprisonment for three years with a fine of Rs 10 lakh. All the sentences were directed to run concurrently.