ANGAD YADAVA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 8-4-2004 rejecting the nomination papers of the petitioner for contesting the election of the Parliament and declaring him disqualified for a period of six years from the date of his release from the jail.

(2.) The facts and circumstances giving rise to this case are that petitioner was elected as an MLA in 1989, in 1991, and again in bye-election in 1993. He also remained the Minister of Forest and Small Scale Industries in U.P. During the said period, he was tried in a Criminal Case under Section 302/304, IPC in Police Station Hazrat Ganj, Lucknow. The competent Court convicted and sentenced him for life imprisonment vide judgment and order dated 17/18-11-2000 and a fine of Rs. 20,000/- was also imposed. The Appellate Court granted him bail and suspended the sentence also by a further order dated 9-1-2002. The petitioner filed the nomination papers before the Returning Officer, Azamgarh on 5-4-2004, for contesting the election from 41 Parliament Constituency. The Returning Officer rejected his nomination papers vide order dated 8-4-2004 in view of the provisions of Section 8 of the Representation of the People Act, 1951 (hereinafter called the Act 1951) on the ground of sentence and conviction, and further by the aforesaid impugned order the Returning Officer debarred the petitioner from contesting election for a period of six years from the date of his release on bail. Hence this petition.

(3.) This Court heard the matter on 10-5-2004 and Shri U. N. Sharma, learned Senior Counsel appearing for the petitioner restricted his case only to the competence of the Returning Officer to make a declaration of disqualification for a period of six years. This Court issued notice to the respondents only on the said limited issue. The affidavits have been exchanged and the matter is heard finally at admission stage with the consent of the counsel of the parties.