SANJAY NARAYANRAO MESHRAM Vs. THE ELECTION COMMISSION OF INDIA THROUGH ITS CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner, a citizen of India, claims that Respondent No. 7 has become disqualified and, therefore, ceases to be a Member of State Legislative Assembly from Umred Constituency of Nagpur district because of his conviction on 24.04.2015 by the Chief Judicial Magistrate, First Class, Bhiwapur. The declaration is claimed under Article 191 (1) of the Constitution of India with further declaration under Article 190(3)(a) read with Section 8(3) of the Representation of the People Act, 1951, (hereinafter referred to as R.P. Act, 1951), that the said seat is vacant. A communication sent by the office of the Governor of State of Maharashtra to Respondent No. 1 ­ Election Commission is also assailed on the ground that it is without jurisdiction and unconstitutional. Writ is sought to Respondent No. 1 to immediately initiate process for ByeElection from Umred Constituency as mandated under Section 151 of the Representation of the People Act, read with its Section 151A. By inviting attention to policy decisions incorporated in letters dated 07.08.2013 and 13.10.2015, a writ is also sought to Respondent Nos. 1 to 4 to set up a mechanism and evolve a procedure accordingly to facilitate immediate action against the elected representatives of People in such matters.

(2.) The Hon'ble Speaker of Legislative Assembly and the Hon'ble Governor for State of Maharashtra were initially joined as respondent Nos. 5 & 6 in writ petition, however, it appears that on 03.02.2016, at the request made by the petitioner, Respondent Nos. 5 & 6 have been deleted.

(3.) The facts are not in dispute. Respondent No. 7 has been elected as representative from Umred Constituency of Nagpur District in the State Assembly elections. He contested the general elections in 2014 and his tenure is up to 2019.