AMAR NATH GAUTAM Vs. THE STATE AND ANOTHER

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution filed by Amar Nath Gautam, challenging the action of the Government in asking the Deputy Commissioner, Jullundur, respondent Mo. 2, to issue directions to the effect that the petitioner hid ceased to be a Member of Panchayat Samiti, Mukandpur, District Jullundur, under section 15 of the Punjab Panchayat Samities and Zila Parishads Act, 1931 (hereinafter referred to as the Act), on account of his three years' conviction in a criminal case involving moral turpitude.

(2.) IN the return it was denied that the Minister or his party -men had any differences with the petitioner or wanted to prevent his election to the Zila Parishad. The Minister, however, on receipt of a representation, dated 11th of February, 1965, from one Shri Hussan Chand, telephoned that since the petitioner had been convicted and sentenced to undergo rigorous imprisonment for three years for an offence involving moral turpitude, action should be taken against him as warranted by law. The Government did net issue any directive to respondent No. 2 under section 15 of the Act, but simply apprised him of the legal position and the consequences flowing therefrom. There was nothing abnormal about it. In spite of that the petitioner contested the election for membership to the Zila Parishad and also exercised his vote in the election of its Chairman and Vice -chairman.

(3.) COMING now to the first contention, section 15 of the Act runs thus -