PRASANT KUMAR BISOI Vs. TRIPATI BISOI

JUDGEMENT

(1.) IN this writ petition, the Petitioner challenges the judgment dated 25.03.2008 passed by the learned District Judge, Koraput, Jeypore in Election Appeal No. 5 of 2007 confirming the judgment dated 6.8.2007 passed by the learned Civil Judge (Senior Division), Jeypore, Koraput in Election Petition No. 15 of 2007.

(2.) AS per the notification of the State Election Commissioner, election for member of Panchayat Samiti of Kusumi Gram Panchayat was scheduled to be held on 21.02.2007. The Petitioner and two others contested for the office of Panchayat Samiti Member on the scheduled date and the writ Petitioner own the election. Tripati Bisoi, one of the contestants filed Election Petition No. 15 of 2007 before the court of learned Civil Judge (Senior Division), Jeypore, Koraput challenging the election of the returned candidate on several grounds including the ground that the returned candidate was disqualified for becoming a member of Panchayat Samiti and continuing as such since he committed murder and was convicted under Section 302 of I.P.C. by the learned Sessions Judge, Koraput at Jeypore in S.C No. 297 of 1991, albeit in Criminal Appeal No. 307 of 1992, this Court altered the conviction to Section 304II IPC vide order dated 17.07.2001, and reduced the sentence to five years only.

(3.) THE writ Petitioner was opp. party No. 1 and the present opposite party No. 1 was the Petitioner in the election petition. To establish his case, the election Petitioner examined himself alone as P.W.1. The opposite parties examined two witnesses to establish their stand. Besides oral evidence, four documents were exhibited on behalf of the election -Petitioner. After assessing the evidence on record, the trial court held that there was no dispute that the returned candidate was convicted for the offence under Section 304II of I.P.C. on the accusation of killing his father, and was sentenced thereunder to undergo R.I. for 5 years and that killing ones own father is an offence involving moral turpitude and accordingly, allowed the election petition on contest in part and the election of the returned candidate as member of Panchayat Samiti of Kusumi Gram Panchayat was declared void. The returned candidate preferred appeal vide Election Appeal No. 5 of 2007 before the District Judge, Koraput and it was dismissed. So, the writ petition, as stated earlier.