The Bombay High Court on Thursday suspended the conviction of Shiv Sena MLA from Alibaug constituency Mahendra Dalvi in an assault case, thereby paving way for him to continue being an MLA
Justice Bharati Dangre, while suspending his conviction, also stayed his two year sentence.
Dalvi was convicted by Raigad sessions court
Sessions court in Raigad had convicted Dalvi and three of his aides last May for threatening with pistol and assault.
He challenged his conviction before the HC. His counsels Raja Thakare and Pradeep Gharat sought suspension of conviction and sentence as it would lead to his disqualification as MLA.
Charges under SC/ST act against Dalvi could not be proved
A case was registered against Dalvi and three others for allegedly assaulting one Babu alias Salim Lalasaheb in 2013 at Thal. Apart from the provisions under the Indian Penal Code (IPC), the police had also invoked offences under the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act against them. However, the charges under the SC/ST Act were not proved.
In May 2022, the sessions court convicted Dalvi and three others under the IPC. Following a request, the trial court stayed his conviction and sentence.
Advocate Sanjeev Kadam, appearing for the original complainant Lalasaheb, opposed Dalvi’s plea and the suspension of his sentence.
Legislators get disqualified once convicted
Once a sitting MLA or MP is convicted for any offence and sentenced to a prison term, she/he loses the post.
Congress leader Rahul Gandhi too this week approached the Gujarat High Court seeking stay on his conviction in connection with a defamation case. He was convicted by a magistrate on March 23 for offence under sections 499 and 500 of the IPC for defamation. The magistrate also sentenced him to two years in prison.
Following the conviction, the Congress leader was disqualified as the member of either house of parliament for a period of eight years.
