LOK PRAHARI vs ELECTION COMMISSION OF INDIA

The Supreme Court ruled that a stay of conviction by an appellate court does not negate the disqualification of a member of Parliament or State legislature under Section 8 of the Representation of the People Act, 1951. The Court held that disqualification takes effect from the date of conviction, as per Article 102(1)(e) and Article 191(1)(e) of the Constitution. The judgment clarifies that the appellate court's power under Section 389 of the Cr.P.C. is limited to staying the execution of the sentence, not the conviction itself.