BABOOLAL Vs. KANKAR

JUDGEMENT

(1.) The petitioner, who is a voter shown in the Electoral Rolls for the Constituency No. 184, Paraswada in District Balaghat, Madhya Pradesh, by this petition challenges the election of the respondent 1, the returned candidate, under the provisions of S.100(1)(a) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) on the ground that the respondent No. 1 was disqualified from being chosen as a candidate within the meaning of S.8(2) of the Act.

(2.) The undisputed material facts are as under :-

(3.) The case of the petitioner is that by judgement dt. 20-1-1981, passed by the trial Court, the respondent 1 stood convicted and sentenced for the period which he was in detention during the trial. This period of detention was more than two years and, therefore, under the provisions of S.8(2) of the Act, his disqualification continues for a further period of five years from the date of his release, which would be, in this case, from 20-1-1981 till 20-1-1986 and, therefore, the respondent 1 was disqualified to be a candidate on 6-2-1985, when he filed his nomination papers to contest the election for the Madhya Pradesh Vidhan Sabha under the provisions of S.8(2) of the Act.