JOBY GEORGE Vs. THOMAS VARGHESE

JUDGEMENT

(1.) This appeal is against the dismissal of an application to set aside the election of the respondent as a member of a block panchayat. Though different grounds were pleaded by the appellant before the court below, the only issue pressed for consideration in this appeal is as to whether the sentencing of the respondent in a criminal case (of which Exts. A2 and A3 are the judgments of the trial court and the appellate court) amounts to disqualification under S. 34 (1)(b) of the Kerala Panchayat Raj Act, 1994, herein after referred to as the "Act". Pithily, the question is whether the conviction and sentence was for an offence involving moral turpitude.

(2.) The verdict of the trial court was interfered with partly, in appeal and as of now, the respondent stands convicted and sentenced under Ss. 143, 147 and 323 I.P.C.

(3.) As noticed by the court below and as is evident from Exts. A2 and A3 judgments of the criminal courts, the allegations related to the conduct of the respondent in a public road following what occurred during the course of the Grama Sabha meeting of Ward No. 7 of Udumbanchola Grama Panchayat. The incident of the victim being beaten up is shown to have commenced with him being asked as to whether - 'Will you ask for accounts ' and 'you will ask for the accounts in Grama Sabha ' - The questions asked were in relation to queries raised by the victim in the Grama Sabha about accounts. The judgments of the criminal courts clearly show that the incident related to matters intricately connected with the activities in the Grama Sabha meeting.