LAWS(BOM)-2012-2-23

VIJAYKUMAR Vs. STATE OF MAHARASHTRA

Decided On February 02, 2012
VIJAYKUMAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Learned AGP waives notice for respondent no. 1, learned counsel Mr. S.T. Shelke waives notice for respondent no. 2 and learned counsel Mr. Deshmukh holding for learned counsel Mr. S.S. Thombre waives notice for respondent no. 3. By consent of the parties, matter is taken up for final disposal at admission stage.

(3.) Nomination paper tendered by petitioner with a view to contest election to the seat of Councillor of Zilla Parishad came to be accepted whereas on consideration of appeal tendered by objector i.e. respondent no. 3 herein, appellate court has directed rejection of nomination paper. Objection raised by the objector to acceptance of nomination paper is referable to section 16(1)(b) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Nomination paper is objected on the ground that petitioner is convicted in Sessions Case No. 29/2009 and is sentenced to suffer imprisonment for a period of three years. It is brought to my notice that appeal is preferred by the petitioner in the High Court and same is admitted and the substantive sentence of imprisonment has been suspended. Section 16(1)(b) of the Act reads thus :