YUNUSKHA HANIFKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri A.H. Kapadia, learned Counsel for the applicant and Shri V.B. Ghatage, learned APP for the respondent/State.

(2.) This application is filed under the provisions of Section 482 of the Criminal Procedure Code. The applicant is convicted and sentenced to suffer life imprisonment along with three other accused persons by 2nd Adhoc Additional Sessions Judge, Jalgaon vide its judgment and order dated 12.12.2005 in Sessions Case No. 146 of 2002. The applicant filed Criminal Appeal No.17 of 2006 which is admitted by this Court on 16.01.2006. By order dated 18.04.2006 the Division Bench of this Court [CORAM : P.S. BRAHME & V.G. MUNSHI, JJ.] released the applicant on bail in Criminal Application No.58 of 2006. By order dated 18.04.2006 the Division Bench rejected bail application of other three co-accused.

(3.) The applicant's contention is that he has been nominated by the President, District Congress (I) Committee to file his nomination as official candidate from Ward No.6 of Jamner Municipal Council. The elections of Municipal Council, Jamner is scheduled to be held on 7th April, 2008 according to the newspaper cuttings placed on record by the applicant. Last date of withdrawal of nomination/application is 25th March, 2008. The applicant submits that provisions of Section 16 (1) (a) of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short "Act of 1965") indicates his disqualification. The applicant has approached this Court for the following reliefs:-