JAGDISH PRASAD Vs. OMKAR SINGH

JUDGEMENT

(1.) THE petitioner was elected Sarpanch of Gram Panchayat sonai in Sagar district. By order dated 31-12-1984 (Annexure P/2) passed by the Sub-Divisional Officer, Khurai, on an election petition filed by the respondent No. 1 Omkar singh, his election has been set aside on the ground that he was not entitled to contest the election of Panch or Sarpanch since he was convicted for an offence under Sections 323 and 148, Indian Penal Code, and has incurred a disqualification in terms of Section 30 (l) (a) (ii) of the Madhya Pradesh Panchayat Act, 1981 (No. 35 of 1981 ). The petitioner challenges this order Annexure P/2 setting aside his election as Sarpanch in this petition under Article 226 of the Constitution of India.

(2.) RELEVANT facts may be noted. Between 1-6-1983 and 5-6-1983 nomination papers were accepted for election of Panchas of Gram Panchayat, Sonai. Scrutiny was held on 6-6-1983. The petitioner filed his nomination paper for office of Panch. Respondent Halkai objected to the petitioner's nomination on the ground that the petitioner was convicted for an offence under Sections 323 and 148, Indian Penal Code, and was sentenced to two and half years' rigorous imprisonment by Additional Sessions judge, Khurai on 12-10-1979. This sentence was affirmed by the High Court on 29-1-1980. On 4-1-1981, the petitioner was released from jail after serving out the sentence. This objection was rejected and the petitioner was elected a Panch. Then he also contested for election as Sarpanch. Respondent Omkar Singh was the other contesting candidate to that office. Again an objection was raised, of course orally, that since a period of five years has not lapsed after the petitioner's conviction as aforesaid, he was not qualified to contest the election, to the office of either the Panch or Sarpanch. The objection was overruled and the petitioner was elected Sarpanch. Respondent then filed the election petition under Section 117 of the Panchayat Act. The Sub-Divisional officer (respondent No. 3) by the impugned order Annexure P/2, upheld the objection to the petitioner's candidature and set aside his election. It may be mentioned that in support of his candidature, the petitioner submitted that the State Government by order dated 21-9-1984 (Annexure P/1) has reduced this period of five years to a period of two years in exercise of powers under Section 30 (l) (a) (ii) of the Panchayat Act. According to this order, the period of his disqualification on account of conviction was fixed at two years after petitioner's release from jail after serving out the sentence. The aforesaid facts have not been disputed before us.

(3.) SECTION 30 (l) (a) (ii) of the M. P. Panchayat Act, 1981 is as follows :-