Supreme Court Stays Conviction to Prevent Legislative Disqualification

Manikrao Shivaji Kokate Retains Legislative Assembly Membership but Barred from Office of Profit

In a significant legal development, the Supreme Court of India has stayed the conviction of Manikrao Shivaji Kokate, thereby preventing his disqualification as a Member of the Maharashtra State Legislative Assembly. The decision was delivered by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, who heard the Special Leave Petition (Criminal) Diary No(s). 74050 of 2025.

The stay of conviction, however, comes with a crucial caveat: Kokate is barred from holding any office of profit despite retaining his legislative seat. This nuanced judgment underscores the court's careful balancing act between maintaining legislative representation and upholding the integrity of public office.

The petitioner, represented by senior advocates including Mr. Mukul Rohatgi and Mr. Sudhanshu Chaudhari, sought relief from disqualification following his conviction. The legal team argued for the stay of conviction to safeguard Kokate's position in the Assembly. On the other hand, the State of Maharashtra, represented by Mr. Maninder Singh and other advocates, contended the implications of Kokate's conviction on his eligibility for office.

The court's decision to issue notice returnable on February 16, 2026, reflects the ongoing judicial consideration of the matter. During this interim period, Kokate's legislative role remains intact, but his ambitions to hold an office of profit are curtailed.

This case highlights the judicial system's pivotal role in interpreting laws related to political representation and office holding. The Supreme Court's order is a significant precedent in the legal discourse surrounding the intersection of criminal convictions and political participation.

The judicial pronouncement emphasizes the principle that while legislative functions are preserved to ensure continuity of governance, the holding of any office of profit remains subject to ethical considerations stemming from a legal conviction.

Bottom Line:

Conviction stayed to prevent disqualification as a Member of the State Legislative Assembly, but the petitioner not entitled to hold any office of profit.

Statutory provision(s): Stay of conviction, Disqualification as Member of Legislative Assembly, Office of Profit

Manikrao Shivaji Kokate v. State of Maharashtra, (SC) : Law Finder Doc Id # 2825517