RAGHVENDRA KUMAR Vs. PRABAL KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. Imtiaz Ahmed, learned counsel appearing for the appellant, Mr.D. K. Singh, learned counsel appearing for respondent No.l and Mr. Rajesh Kumar Maurya, learned counsel appearing for respondent Nos. 2 to 5. This appeal seeks to challenge the interim order dated 8.10.2010 passed by the Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No.62085 of 2010, whereby the order dated 5.10.2010 passed by the Returning Officer of Block Madhogarh, District Jalaun, cancelling the nomination of respondent No.l, was stayed.

(3.) The first respondent wanted to contest election for Pradhan of Gram Panchayat Aheta, District Jalaun and he, therefore, filed his nomination paper which was accepted. Thereafter, by an order dated 5.10.2010 passed by the Returning Officer of Block Madhogarh, District Jalaun, his nomination was cancelled in view of his conviction under Section 307 of IPC. It was argued before the High Court that the first respondent was released on bail by virtue of an order passed by a learned single Judge of the Allahabad High Court on 25.8.2005 in Criminal Appeal No.3676 of 2005. Apart from this order, the impugned order accepted the submission that the conviction of the first respondent did not involve moral turpitude and therefore, the order dated 5.10.2010 passed by the Returning Officer was stayed. Consequently, respondent No. 1 contested the election and got elected as Pradhan of Gram Panchayat, Aheta.