K.Ramachandra Rao v. The Election Commission Of India

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.8527 of 2018 ORDER: (per Hon'ble the Acting Chief Justice Ramesh Ranganathan) The relief sought for in the Writ Petition is for a direction to the Andhra Pradesh Legislative Assembly to issue notification informing disqualification of respondent No.5 as an Member of Legislative Assembly on the ground that he was convicted for a period of two years in C.C.No.768 of 2014 by the Judicial Magistrate of First Class, Bhimadole by judgment dated 14.02.2018.

While, initially, the sentence alone was suspended, and the order of conviction was in force, the order of conviction was also suspended by this Court in Crl.P.No.3249 of 2018 dated 16.03.2018 after the writ petition was filed on 12.03.2018. As long as the order in Crl.P.No.3249 of 2018 dated 16.03.2018 is in force, and the conviction of respondent No.5 remains suspended, the relief sought for in the writ petition cannot be granted. Suffice it to grant liberty to the petitioner, if and after the order in Crl.P.No.3249 of 2018 dated 16.03.2018 is vacated or the Criminal Petition is dismissed, to avail his judicial remedies in accordance with law.

The Writ Petition is, accordingly, disposed of. Miscellaneous Petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.

________________________________ RAMESH RANGANATHAN, ACJ _____________________________ KONGARA VIJAYA LAKSHMI,J Date: 09.04.2018

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