UMRAO SINGH MOURYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri A.S. Rathore and Shri Arpit Singh, learned counsel for the appellant.

(2.) Prosecution case, in brief, is that appellant Umrao Singh, in connivance with other co-accused persons made a conspiracy to obtain loan under Consortium Bank Scheme (CBC scheme) of M.P. Khadi Gramodyog Board. He without filling up the complete application form (Ex.P/38) and without submitting original documents of his property, proof of his age, population certificate of the village and no objection certificate of the concerned Gram Panchayat obtained loan amounting Rs.5,85,000.00 under the above scheme for the purposes of establishing agricultural equipment manufacturing unit. He being member of OBC category was entitle for 25% margin money, but obtained 30% margin money amounting Rs.2,70,000.00 through various cheques and thereafter, did not repay the installments of above loan amount within time.

(3.) Learned counsel for the appellant submits that appellant is renowned political figure. He was Sarpanch of Gram Panchayat, Bachoda; President of Janpad Panchayat, Depalpur; President of Dugdh Sahakari Samiti, Bachoda and President of Indore Sahakari Dugdh Sangh Maryadit, Indore. He wishes to contest bye-election of M.P. Legislative Assembly in the year 2023. The conviction and sentence passed against him is a disqualification under Sec. 8 of the Representation of People Act, 1951. In a democratic set up, restriction on exercise of such right of contesting election can be considered hardship to aspirants, if the conviction and sentence arguable to be fabulous and malice, in other words, where the appellant has fair chance to succeed in the appeal against conviction and sentence. It is apparent from the record that the appellant after complying with the required formalities obtained loan under CBC scheme. Appellant in his application form, specifically disclosed that he is a member of OBC Category and margin money was sanctioned to him by the State Level Appraisal Committee, therefore, it cannot be said that he obtained the same illegally.