YUNUSKHAN HAJIKHAN KHAN Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the impugned decision/order dated 28.01.2013 passed by the respondent No.1 - Returning Officer rejecting the nomination form of the petitioner considering Section 11(1)(A) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "Act") and on the ground that as per the aforesaid provision the petitioner is disqualified to become a Councilor/Member of the Valsad Municipality.

(2.) Facts leading to the present Special Civil Application in nut -shell are as under : -

(3.) Shri Mirza, learned Advocate appearing on behalf of the petitioner has vehemently submitted that as such against the judgment and order of conviction and sentence dated 03.06.1992 passed by the learned JMFC, Valsad in Criminal Case No.4082 of 2006, the petitioner had preferred an Appeal before the learned Sessions Court, Valsad and the learned Sessions Judge, Valsad, at Navsari vide order dated 09.06.1992 passed in bail application in Criminal Appeal No.15 of 1992 has suspended the implementation and operation of the sentence and imprisonment and the petitioner is ordered to be released on bail and therefore, the Returning Officer has materially erred in rejecting the nomination form of the petitioner. It is submitted that once the sentence and the imprisonment is suspended, it would mean that the petitioner is competent to file his nomination and contest the election as the sentence as on date is not in force.