MADHU KODA Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present applications, inter alia, praying that the operation of the impugned order dated 13.12.2017 passed by the learned Special Judge convicting the appellant of the offence of criminal misconduct under sub-clauses (ii) and (iii) of clause (d) of sub-section (1) of section 13 read with sub-section (2) of section 13 of the Prevention of Corruption Act, 1988 (hereafter 'PC Act'), be stayed.

(2.) The appellant desires to contest for election to public offices, including contest elections for the Legislative Assembly of the State of Jharkhand but is disqualified to do so on account of his conviction. The appellant states that he was elected as a member of Bihar Legislative Assembly for the first time in the year 2000. On 15.11.2000, the State of Jharkhand was carved out from the erstwhile State of Bihar. The appellant held the office of the Minister of the State for Rural Engineering Organization thereafter and continued to do so till the year 2003. It is stated that thereafter, he held the office of Minister of Panchayati Raj of Special Arrangement. The appellant successfully contested the elections for the Legislative Assembly in the year 2005 and in September 2006 was appointed the Chief Minister of the State of Jharkhand. He continued to hold the said office till 23.08.2008.

(3.) The appellant has been convicted by the impugned order in a case captioned "CBI v. M/s Vini Iron and Steel Udyog Limited and Ors."arising from FIR No. RC 219 2012E 0012. The Trial Court found that the appellant had abused his position as a public servant in order to obtain the allocation of Rajhara Coal Block in favour of M/s Vini Iron and Steel Udyog Limited (hereafter 'VISUL'), without any public interest.