DILLIP KUMAR SAHOO Vs. SURESH SANU

JUDGEMENT

(1.) IN this writ application challenge has been made to the Order Dated 30.4.2009 passed by the Learned District Judge, Keonjhar in Election Petition No. 2 of 2008 declaring the Election of the Petitioner as Councilor of Ward No. 15 of Anandapur Municipality invalid.

(2.) THE facts as narrated in the application are as follows:

(3.) LEARNED Counsel for the Petitioner submitted that as per Section 16(1)(xii) of the Orissa Municipal Act, 1950 a person can be held to be disqualified for Election if he has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months for any offence. Since, the sentence against the Petitioner is only six months the said Section is not attracted. He further submitted that since the Petitioner has been convicted for six months which is not exceeding six months, he cannot be said to have incurred the liability of disqualification as enumerated in Section 16(1)(xii) of the Orissa Municipal Act. He also submitted that the order of conviction in G.P. Case No. 95 of 2000 was no more pending against him as he along with two others had been released under Section 4(1) and (3) of the Probation of Offenders Act. Therefore, the non -disclosure of the above two G.R. Cases cannot be a ground to declare the E'ection invalid in absence of any statutory provision contained in the Orissa Municipal Act. Hence, the impugned order is liable to be set aside.