KISHANSINGH Vs. STATE

JUDGEMENT

(1.) THIS case comes before us on a reference by one of us (Choudhuri, J. ). Though the learned Judge referred two questions of law which, according to him, arose in this petition, those two questions are precisely the only questions open for decision in this case. Fortunately, Choudhuri J. is a member of this Full Bench and he agrees that on a fair interpretation of those questions the entire case is before this Full Bench.

(2.) THE facts of the case are as follows : One Rai Saheb Kisen Chand Sharma was the president of the Municipal Committee, Khurai. While he was the president, he was convicted of an offence under Section 399 of the Indian Penal Code read with section 120-B ibid and sentenced to three years' rigorous imprisonment and a fine of Rs. 1,000. Against his conviction he has filed an appeal, and the appeal is pending in this Court. Meanwhile the petitioners, who number five, moved the state Government for a declaration that the office of the president had became "vacant under Section 22 of the C. P. and Berar Municipalities Act, 1922. The State government not having acceded to their representations and ordered a fresh election the present petition was filed for writs in the nature of mandamus and quo warranto against Rai Saheb Kisenchand Sharma, the State Government of Madhya pradesh and the Municipal Committee, Khurai.

(3.) THE questions which were framed by Choudhuri, J. read as follows : " (i) Whether on the conviction of Respondent No. 1 under Sections 120b and 399, I. P. C. by the Additional Sessions Judge, Sagar, he ceases to be president of the Khurai Municipal Committee forthwith under the provision of Section 22 (2) of the C. P. and Berar Municipalities Act. (ii) Whether the disqualification enumerated in Section 15 (j) include the disqualification mentioned in Section 10 (m), Local Government Act, 1948. " these are the questions which as we have already indicated, are the sole questions arising in this case.