Allahabad HC suspends murder conviction of BJP worker seeking to contest 2027 UP polls

A murder convict, who was an active BJP worker before his conviction and wished to contest the 2027 Uttar Pradesh Assembly elections either on a BJP ticket or as an independent candidate, has received relief from the Allahabad High Court, which suspended his conviction, potentially enabling him to contest the polls.

Under the law, a person convicted and sentenced to imprisonment for two years or more is disqualified from contesting elections unless an appellate court stays the conviction, and the High Court’s order is therefore seen as potentially paving the way for the BJP worker to enter the electoral fray.

A division bench of Justices Siddharth and Vinai Kumar Dwivedi passed the order on October 5 on a plea by Nandlal Rai, alias Babloo Rai, who was sentenced to life imprisonment by a Varanasi court in April 2025. The High Court granted him bail and stayed his conviction pending a final decision on his appeal.

Rai’s counsel told the court that he had been an active BJP worker before his conviction and wished to contest the forthcoming Assembly elections, preferably on the party’s ticket or otherwise as an independent candidate.

Explaining its decision, the bench observed that the right to livelihood of an ordinary citizen was no less important than a politician’s right to contest elections, and held that the conviction and sentence deserved to be stayed to enable Rai to sustain himself while awaiting the final verdict in his appeal.

The court also referred to instances in which the Supreme Court had stayed the convictions of public representatives, observing that such relief could preserve their opportunity to contest elections.

Under the Representation of the People Act, a person convicted and sentenced to imprisonment for two years or more is disqualified from contesting elections, unless an appellate court stays the conviction. The High Court’s order could therefore remove the legal impediment to Rai’s electoral ambitions, although it does not amount to an acquittal.

Seeking relief, Rai’s lawyers argued that the prosecution relied largely on circumstantial evidence, while questioning the delay in naming him during the investigation, the credibility of eyewitness accounts and the recovery of the alleged murder weapon.

Rai was among those convicted of murdering Pramod Kumar Nigam, an active member of the Ram Janmabhoomi movement, and media reports have also linked him to the late gangster-turned-politician Mukhtar Ansari.