BHAGVAN DAS CHOUKSE Vs. STATE OF M.P.

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) Petitioner seeks writ of quo warranto against respondent No.5 that being convicted for an offence under Sec. 307, 323, 436, 435 and 148 read with section 149 of Penal Code he was not eligible to contest the election of Member, ward No.16, Janpad Panchayat Berasia, and having been elected he has no right to hold public office of President, Janpad Panchayat.

(3.) Briefly stated the relevant facts are that on 22.02.2015 election of member, Janpad Panchayat, ward No.16 was held wherein the petitioner and respondent No.5 contested the election with 2119 votes. Later on, the petitioner came to know that the respondent No.5 was tried for an offence under Sec. 307, 323, 436, 435 and 148 read with section 149 of IPC. That by a judgment dated 16.06.2005 passed by the Ninth Additional Sessions Judge, Bhopal in Sessions Trial No. 114/2002 he was convicted and sentenced to suffer rigorous imprisonment for six moths for offence under Sec. 148, five years for the offence under Sec. 307/149 with fine of Rs.1000.00, six months under Sec. 323/149, two years under Sec. 435/149 and fine of Rs.500.00. These sentences were to run concurrently. The judgment recording conviction has been challenged vide criminal Appeal No.1218/2005 wherein the jail sentence is suspended vide order dated 16.08.2005.