AMAR NATH GAUTAM Vs. STATE THROUGH SECRETARY

JUDGEMENT

(1.) THE Appellant was elected as a Primary Member of the Panchayat Samiti, Mukundpur, in 1931. On December 9, 1933, he was convicted under Sections 109/4 B and 120 -B of the Indian Penal Code and sentenced to imprisonment for three years by the Assistant Sessions Judge Delhi. Against his conviction and sentence the Appellant filed an appeal in the Circuit Bench of the Punjab High Court at Delhi along with a bail application. His bail application was accepted and he was released on bail on December 11, 1963, after he had been in jail for three days. The second elections for Primary Members of the same Block Samiti were held in 1964. On June 16, 1964, he filed his nomination papers without any objection being raised by anybody. He was declared elected on June 22,1964, as a representative of the Co -operative Societies within the area of the Panchayat Samiti. His election was duly gazetted on July 2, 1064. He then attended a meeting of the Primary Members convened by Respondent 2 on February 3. 1965, for the purpose of co -opting members as provided in Section 5 of the Punjab Panchayat Samities and Zila Parishads Act, 1964(sic) (hereinafter called the Act). In the meantime, on July 14, 1964, the defeated candidate filed an election petition challenging the Appellant's election and the same was pending before the prescribed authority Respondent 2, on the date the writ petition was heard by the learned Single Judge. The learned Counsel for the Appellant does not know the result of that election petition nor does he know the result of the criminal appeal filed by the Appellant, in the Delhi High Court.

(2.) ON February 16, 1965, the election for the offices of the Chairman, Vice Chairman and Members of Zila Parishad was to take place for which a meeting was called by the Deputy Commissioner which was to be presided over by Shri Teja Singh P.C.S. Settlement Officer, Jullundur, The Appellant was also a candidate for election as Member of the Zila Parishad but on the day of election he was not allowed to take part in the proceedings on the ground that he had vacated office under Section 15 of the Act on account of his conviction and sentence of three years. The Appellant stated in his petition that he had some differences with the Minister - in - Charge, Community Development, and this order was brought about by the said Minister. In the return it has been denied that the Minister or his party men had any differences with the Appellant or Wanted to prevent his election to the Zila Parishad. It has been explained that the Minister received a representation from one Shri Hussan Chand dated February 11, 1965, on the basis of which he telephoned to the Deputy Secretary, Development, that action should be taken against the Appellant in accordance with law in view of his conviction and sentence of three years. In spite of that order the Appellant contested the election for membership to the Zila Parishad and also exercised his vote in the election of Chairman and Vice - Chairman. Since the Petitioner was not allowed to act as a member of the Panchayat Samiti, he filed the writ petition in this Court which was dismissed on May 3, 1936, by the learned Single Judge and the present appeal under Clause 10 of the Letters Patent is directed against that judgment.

(3.) I agree.