RAGHUNATH PANDA Vs. ELECTION OFFICERGRAM PANCHAYAT ELECTION

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution challenging the order of the Election Officer, Gram Panchayat Elections, Aska Taluk in the district of Ganjam, rejecting the nomination paper of the petitioner lor election to the Gunthi-poda Gram Panchayat.

(2.) The facts leading upto this application are these: The petitioner filed his nomination paper for contesting the election from Ward No. 2 to the aforesaid Gram Panchayat. Opposite Party No. 2, Bhagaban Swain during the scrutiny of the nomination papers objected to the candidature of the petitioner on the ground that he had been sentenced to imprisonment for a period exceeding three months under Sections 506 and 143 Indian Penal Code, in G. R. Case No. 9 of 1948 by the Special first class Magistrate, Aska. In fact the petitioner was convicted for a period of three months under Section 506 and for further period of one month under Section 143 of the Indian Penal Code. The Magistrate, however, while thus convicting the petitioner, directed the sentences to run concurrently. His further objection was that the offence of which the petitioner stood convicted involved 'moral turpitude'. It was also contended that the petitioner's nomination paper was previously rejected by the Election Officer, Aska, On the aforesaid grounds on March 20, 1956. The petitioner, doubtless, admitted the conviction and sentence under Sections 506 and 143 Indian Penal Code. But his contention was that in view of the concurrent nature of the sentence, it Cannot be said that he had been sentenced to an imprisonment for a term exceeding three months and the offence, in fact, did not involve any 'moral turpitude'. Thus, his whole cast: was that the aggregate of sentences under two different counts each not exceeding the limit of three months cannot be a ground for disqualification under Section 9(1) (e) of the Orissa Gram Panchayat Act, 1948 (Orissa Act XV of 1948); (hereinafter referred to as the Act). It was further pointed out that ten years had now elapsed from the date of conviction and the case was of a political nature arising out of tenants' agitation against the forest department of Dharakote Estate. The judgment in G. R. Case No. 9 of 1948 being Ext. B, was filed before the Election Officer. On a consideration of the facts and circumstances of the case, the said Officer came to the conclusion that the petitioner was sentenced to imprisonment for a term exceeding three months and it involved 'moral turpitude' and accordingly he disqualified the petitioner for being a member of the Gram Panchayat, and eventually rejected his nomination paper.

(3.) A counter affidavit was filed by the election officer in this Court in which it is stated that the petitioner was actually convicted for a period exceeding three months inasmuch as the words 'an offence' in Clause (e) of Sub-section (1) of Section 9 of the Act also includes aggregate of offences. He further averred that the petitioner was convicted of an offence which involved moral turpitude like the offences of breach of trust, theft, cheating and rape, and anything done contrary to justice, honesty and principles of good morals and an act of baselessness, vileness or depravity in the private and social duties which a man owes: to the fellow men or to a society in general contrary to the accepted and customary rule of right and duty between man and man. No counter, however, was filed by the opposite party No. 2.