Madhu Koda Withdraws Petition In Supreme Court Over Disqualification

Former Jharkhand Chief Minister and convicted coal scam participant Madhu Koda has decided to withdraw his petition from the Supreme Court. The petition, which sought to challenge his disqualification, was allowed to be withdrawn by the bench led by Justice Suryakant.

Earlier, Koda had filed a petition against the October 18 decision of the Delhi High Court. However, the petition was rejected by a bench headed by Chief Justice of India (CJI) Sanjeev Khanna. The High Court had upheld the Supreme Court’s ruling in the case of Afzal Ansari vs. State of Uttar Pradesh. It stated that various factors must be considered before staying a conviction, a process not typically undertaken.

High Court’s Rejection Of Koda’s Petition

In its ruling, the Delhi High Court emphasized that the situation in Koda’s case was different from that of Afzal Ansari, as Koda was not a sitting member of the legislature at the time of his conviction.

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The Court pointed out that Koda’s request to stay his conviction solely for the purpose of contesting elections was unreasonable and unfair. Consequently, the High Court dismissed Koda’s petition.

Conviction And Disqualification Under The Representation Of The People Act

Koda’s conviction stems from a 2017 verdict in which he was found guilty under corruption and criminal activity charges. The court sentenced him to three years in prison and imposed a fine of Rs 5 lakh. In 2019, Koda, along with former Coal Secretary HC Gupta, ex-Jharkhand Chief Secretary AK Basu, and Vijay Joshi. He was sentenced to three years in jail in connection with the coal scam. Koda was also ordered to pay a fine of Rs 25 lakh.

Under the Representation of the People Act, individuals convicted of crimes and sentenced to at least two years in prison are immediately disqualified from serving as MPs, MLAs, or members of the State Legislative Council. Additionally, even after serving their sentence, they cannot contest elections for six years. As a result of his conviction, Koda was barred from contesting the recent assembly elections.

Koda’s legal battles, both in the High Court and the Supreme Court, have proven unsuccessful in overturning his disqualification.