CUTTACK: The Orissa High Court on Wednesday stayed the conviction of Congress MLA Mohammed Moquim by a Special Vigilance Court in a loan scam case. The sitting MLA from Barabati-Cuttack Assembly constituency had filed a criminal appeal challenging propriety of the trial court’s order on the ground that it was incurably defective and suffered from gross infirmities. In an interim application, he sought a stay on his conviction. Advocate Pitambar Acharya argued on Moquim’s behalf.
While allowing it Justice BP Routray said, the appellant is elected for a term of five years and there is still around a year and half to complete the term in normal circumstances. “Keeping in view his position as sitting MLA of Odisha Legislative Assembly, the loss to befall on him due to the conviction would be irreparable unless the same is stayed,” he observed.
The Representation of Peoples’ Act (RPA) provides for disqualification of membership of MLAs who have been fined or convicted with punishment of more than two years. Justice Routray observed that this will also lead to an untimely by-election to burden the public exchequer. “Further, considering the limited period of his sentence for three years and the offences involved, which are neither punishable with death nor imprisonment for life, it is felt apposite to grant stay of the conviction pending appeal since the impact of loss due to disqualification would not only be…
