https://www.taxtmi.com/caselaws?id=170038 A person disqualified from being chosen as a member of the Legislature cannot be appointed or continue as Chief Minister under Article 164, because the constitutional requirement of eligibility is not cured by the six-month window for securing membership. Suspension of the execution of sentence pending appeal does not remove the conviction-based disqualification under Section 8(3) of the Representation of the People Act, since it suspends only the sentence, not the conviction or its statutory consequences. A writ of quo warranto is maintainable to test the lawful title to the office, and the appointment was held unconstitutional, subject to protection of past public acts under the de facto doctrine. en-us Fri, 21 Sep 2001 00:00:00 +0530 Fri, 15 May 2015 11:25:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170038 A person disqualified from being chosen as a member of the Legislature cannot be appointed or continue as Chief Minister under Article 164, because the constitutional requirement of eligibility is not cured by the six-month window for securing membership. Suspension of the execution of sentence pending appeal does not remove the conviction-based disqualification under Section 8(3) of the Representation of the People Act, since it suspends only the sentence, not the conviction or its statutory consequences. A writ of quo warranto is maintainable to test the lawful title to the office, and the appointment was held unconstitutional, subject to protection of past public acts under the de facto doctrine. Case-Laws Indian Laws Fri, 21 Sep 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170038