RISAL SINGH Vs. CHANDGI RAM

JUDGEMENT

(1.) The sole question calling (or decision in this Letters Patent Appeal is whether the conviction of Chandgi Ram, respondent No. 1, under section 19(f) of the Indian Arms Act for being in possession of an unlicensed revolver can be considered within the meaning of clause (e) of section 153 of the Delhi Land Re- forms Act, 1954 (Act No. 8 of 1954) to be a conviction of an offence involving moral turpitude so as to disentitle him to be elected to or to remain a member of the Goan Panchayat.

(2.) Chandgi Ram contested the election to the seat of the Pradhan of the Goan Panchayat of Pritampur in Delhi State and as a result of the election was declared a successful candidate. Risal Singh appellant challenged the election by means of an election petition and the Election Tribunal on the basis of the admitted fact that Chandgi Ram had been so convicted of an offence under section 19(f) of the Indian Arms Act held that he was not qualified to stand for the election and his nomination paper had been improperly accepted. Hence the election of Chandgi Ram as the Pradhan of the Goan Panchayat of Pritampur was declared as invalid and Risal Singh, who was another candidate for the election, was declared to have been duly elected. Chandgi Ram then came to this Court by way of a writ against the order of the Election Tribunal and D. K. Mahajan, J. by his order dated the 19th January, 1965, held that the possession of an unlicensed revolver could not, in the circumstances of this case, amount to moral turpitude. He, therefore, allowed the writ petition quashing the impugned order, this Letters Patent Appeal is directed against the judgment of the learned Single ' Judge.

(3.) It appears from Annexure 'D a copy of an order of this Court in Criminal Revision No 6-D of 1955 (Chandgi Ram v. The State), decided on 4th of March, 1955, that Chandgi Ram was convicted under section 19(f) of the Indian Arms Act on the 15th of November, 1954. On appeal, while his conviction was Maintained, his sentence was reduduced to three months' rigorous imprisonment and, in revision, Harnam Singh, J. further reduced the sentence to the period of imprisonment already undergone and, in addition, ordered a fine of Rs. 100.00 The election to the seat of the Pradhan of the Gaon Panchayat of Pritampur was held on the 8th of December, 1963, that is, some eight years after the date of Chandgi Ram's conviction for the possession of the unlicensed revolver.