SURESH BABA Vs. VIRENDRA TYAGI

JUDGEMENT

(1.) THE order dated 21-9-2010 passed by the learned Writ Court has been assailed by the appellant, who was arrayed as respondent No. 4 before that Court, by filing this appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam. 2005.

(2.) IN Hindu Mythology as well as in all the religions in the world, universally it has been accepted that "be abhorrence to the sin and not to the sinner" IN Holy Quran Sharif also, in Part No. 2. Verse No. 222 of Suraye Bakr, it has been stated that "Undoubtedly, Allah love those who repent and those who purify themselves from sin" To commit an offence of murder (except the exceptions provided under the Law) is an offence in the INdian Penal Code, but in every religion, the said person is said to be a "Sinner" because taking a life of a person by another is a "Sin". However the State Legislature has not permitted the Sinner, who has committed the sin of murder, to contest the Panchayat Election after the expiration of a particular period as envisaged under Section 36 (1) (a) (i) and (ii) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter for short referred to as "the Adhiniyam"), which reads thus :-

(3.) THE contention of the writ petitioner before the learned Writ Court was that the appellant having been convicted under Section 302, IPC twice and has been sentenced to life imprisonment and further that nearabout 24 Criminal Cases are registered against him, without disclosing these material facts, fought and won the election of Sarpanch.