CHHATARSINGH Vs. GAJENDRA SINGH

JUDGEMENT

(1.) AGGRIEVED by the Order dated 5-2-1998 (Annexure P - 11) of the Returning Officer, Dhar, rejecting nomination papers filed by the Petitioner as a candidate to contest General Elections for 12th Lok Sabha from Dhar (S.T.) Lok Sabha Constituency, held on 22-2-1998, in which respondent No. 1 Gajendra Singh was declared elected defeating respondents No. 2 and 3; the Petitioner has filed this Election Petition under Section 81 of the Representation of the People Act, 1951, (for short, 'The R. P. Act'), calling in question the election of respondent No. 1 on the ground specified in the clause (c) of Section 100 (1) of the R. P. Act, to obtain undernoted reliefs:(i) that the election of respondent No. 1 be declared as void; and(ii) that Order dated 5-2-98 (Annexure p. 11) be quashed.

(2.) Although the 12th Lok Sabha has since been dissolved rendering the relief No. 1 above as infructuous, the petitioner has been allowed to prosecute this petition as the Order (Annexure P 11) still looms large and may hamper his pro-spects to contest the forthcoming Lok Sabha and other future elections to a Public Office.

(3.) Facts material for the purpose of this petition are not in dispute. On 11-3-1981, petitioner Chhatarsingh was convicted under Sections 302, 307, 307 and 307 of I.P.C. and sentenced to undergo imprisonment for life for the former charge and 7 years R. I. each for the latter three charges, by the Ist Addl. Sessions Judge, Dhar, in S. T. No. 66/81. On appeal by the petitioner, his conviction and sentence on one of the latter three charges u/S. 307, IPC alone was set - aside and rest of his appeal was dismissed by the Indore Bench of Madhya Pradesh High Court, vide judgment dated 17-8-1984, in Criminal Appeal No. 349/81. The petitioner who was in jail during pendency of the appeal, continued to be in prison until on 23-1-1988, when he was released on probation by the State Government under an order of licence (vide Annexure P-6), passed on 23-12-1987, u/S. 2 of the M.P. Prisoners (Release on Probation) Act, 1954, (for short, 'The M.P. Act'). The petitioner was placed under the supervision of one Mukund s/o. Sukiya of village Lunheda, as per terms and conditions contained in the licence, the term of which was to expire on 18-4-1995. The petitioner after his release as aforesaid, contested elections for M.P. Legislative Assembly in 1993, Janpad Panchayat, Manawar, in 1994; and, 11th Lok Sabha in 1996, of which he was a member till its dissolution.