A division bench of Chief Justice, Dr D Y Chandrachud and Justice Shree Narain Shukla passed the judgment on two petitions, filed by 'Lok Prahri', an NGO, and another challenging continuation of Chaurasiya as MLA and minister on the ground of his conviction and sentence in a criminal case by a Mirzapur court.
Petitioner S N Shukla alleged that Chaurasiya, Minister for Child Development and Nutrition, cannot remain after his conviction and the sentence awarded to him by the trial court in a criminal case on February 28, 2015.
On behalf of the state government, Additional Advocate General Bulbul Godiyal, opposing the PILs, contended that on March 10, 2015 his three-year sentence with fine was suspended and thereafter on March 13 his conviction was stayed by the court.
Hence, his continuation as a member of legislative assembly and a minister was legal. While citing various rulings, she submitted that after the stay of his conviction, his disqualification has been non-operative, hence PILs were liable to be dismissed.
The Chief Judicial Magistrate's court in Mirzapur had sentenced him to rigorous imprisonment of three years finding him guilty of manhandling and extending criminal threat to a postman in 1995.