RAM KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing of the election of respondent no.7 Mohan Singh to Janpad Panchayat, Anuppur as Member and Vice President.

(2.) The facts in brief are that the petitioner is a resident of Village Lohasur, District Anuppur. His name also appears in the voter list at Serial No.714, Janpand Panchayat, Anuppur. Respondent no.7 has been convicted for offences under sections 302/149, 307/149 and 148 of the Indian Penal Code and sentenced to imprisonment for life and 10 years vide judgment dated 11.7.2008 passed by the Special Judge, Shahdol in Sessions Trial No.286/2000. Aggrieved, respondent no.7 has filed Criminal Appeal No.1637/2008 before the High Court and the same is pending for final decision. The High Court vide order dated 23.10.2008 has suspended the jail sentence of respondent no.7 and directed for his release on bail. In the result respondent no.7 after spending few months in jail has been released on bail. Respondent no.7 despite being disqualified to be an office bearer of Janpad Panchayat submitted his nomination form on 29.12.2009, Annexure P4, for his election as Member. In the nomination form respondent no.7 did not mention about his conviction under section 302 of the Indian Penal Code and sentence of life imprisonment. His nomination form was, therefore, accepted. He was then first declared elected as Member and thereafter as Vice President of Janpad Panchayat. It in this background, the petitioner has filed the present petition for quashing of the election of respondent no.7 as Member and Vice President of Janpad Panchayat.

(3.) Respondent no.7 in his return has not denied regarding his disqualification for being office-bearer of the Janpad Panchayat. The sole objection raised by him is that having regard to Article 243-0 of the Constitution his election can be challenged only by filing election petition under section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (in short "the Adhiniyam").