N. MANICKAM Vs. ARUNAGIRI AND ORS.

JUDGEMENT

(1.) THE petitioner and respondents 1 to 3 contested the election for Block No. 2 in Ward No. 2 of the Bhavani Panchayat. 10th October, 1958 was the date of the poll. On 13th October, 1958, the petitioner who had secured 274 votes as against his nearest rival, the first respondent who got 216 votes was declared elected. The first respondent filed O.P. No. 73 of 1958 to set aside the election of the petitioner. The contention was that even on the date of the nomination the petitioner was disqualified under Section 16(1) of the Madras Village Panchayats Act (X of 1950). It was not disputed that on 31st December, 1957, the petitioner was convicted by the Second Presidency Magistrate, Madras, in C.C. No. 7227 of 1957 under Section 409, Indian Penal Code. The petitioner was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 50. The petitioner's attempt to have the conviction and sentence set aside in Revision by the High Court failed, and the High Court dismissed the petition preferred by him, Criminal Revision Case No. 387 of 1959. Along with C.C. No. 7227 of 1957 there was another case, C.C. No. 7226 of 1957 in which also the petitioner was convicted, but that conviction was eventually set aside in Revision by the High Court in Criminal Revision Case No. 386 of 1959.

(2.) THE petitioner's contention, that since the term of imprisonment was less than six months, the imprisonment awarded was only till the rising of the Court, the requirements of Section 16(1) of the Act were not satisfied, was overruled by the Election Commissioner, and he allowed O.P. No. 73 of 1958 and set aside the election. The petitioner applied under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Election Commissioner, dated 29th January, 1960.

(3.) THIS is not a case which came within the scope of the Proviso; nor was it a case of the sentence in G.G. No. 7227 of 1957 having been reversed or the offence involved therein having been pardoned.