In Rahul Gandhi v. Purnesh Ishwarbhai Modi & State of Gujarat, Supreme Court's 3-judge Bench passed an order upon hearing the appeal challenging the judgment and order passed by the Single Judge of the High Court dismissing the revision petition, which was in turn filed challenging the order of the Sessions Judge, thereby rejecting the prayer for stay of conviction. Consequent to his conviction by the Court of Chief Judicial Magistrate, Surat in C.C.18712/2019, Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency of Kerala was disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102 (1) (e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951. The notification dated 24h March, 2023 to this effect was issued by Utpal Kumar Singh, Secretary General, Lok Sabha Secretariat.
The order of the Supreme Court took into consideration the fact that "no reasons have been given by the learned Trial Judge for imposing the maximum sentence which has the effect of incurring disqualification under Section 8(3) of the Act, the order of conviction needs to be stayed, pending hearing of the present appeal. We, therefore, stay the order of conviction during the pendency of the present appeal."
Supreme Court took into account the issue of grant of stay of conviction factors like: The sentence for an offence punishable under Section 499 of the Indian Penal Code, 1860 (for short “IPC”) is simple imprisonment for two years or fine or both. It noted that "The learned Trial Judge, in the order passed by him, has awarded the maximum sentence of imprisonment for two years.