SODHI RAM Vs. ELECTION TRIBUNAL-CUM-SUB DIVISIONAL

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 09.09.2009 passed by the Election Tribunal-cum-Sub Divisional Magistrate, Payal [for short "Election Tribunal"] by which election of the appellant has been set aside in terms of Section 208(c) of the Punjab Panchayati Raj Act, 1994 [for short "Act No. 9 of 1994] on the ground that the appellant has been convicted and sentenced with fine of Rs. 500/- under Section 13(A) of the Public Gambling Act, 1867 [for short "Gambling Act"].

(2.) In short, appellant was elected as a Panch from the reserved category having been polled 69 votes as against Gurmit Singh (respondent No. 3) who secured 57 votes. His election was challenged by respondent No. 2 Joginder Singh etc. on the ground that in a case registered vide FIR No. 142 dated 25.09.2006, under Section 13(A) of the Gambling Act at Police Station Gobindgarh, the appellant was convicted on confession of his guilt and was sentenced with fine of Rs. 500/- vide order dated 20.07.2007. His election was challenged in terms of Section 208(c) of the Act No. 9 of 1994 which has been accepted by the Election Tribunal.

(3.) Learned Counsel for the appellant has vehemently argued that conviction and sentence under Section 13(A) of the Gambling Act does not amount to moral turpitude. He has relied upon the decisions of this Court in the cases of Mukhtiar Singh v. State of Punjab and Ors., 2007 2 RSJ 261, Narain Singh v. N.S. Cheema,1978 PunLR 149 and also the decision of Apex Court in the case of K.L. Narasimha Rao v. State of A.P., 2001 10 SCC 561. Besides this, it is also submitted that the provisions of Section 208(c) of the Act No. 9 of 1994 would not be applicable in view of the subsequent Legislation of Punjab State Election Commission Act, 1994 [for short "Act No. 19 of 1994"] in which disqualifications are provided under Section 11. It is also submitted that the provisions of Act No. 19 of 1994 would apply over and above the provisions of Act No. 9 of 1994.