SIDDHARTH SINGH S/O DR.UTPAL KANT SINGH Vs. ELECTION COMMISSION OF INDIA, THROUGH THE ELECTION COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a direction to the respondents-authorities to give effect to the provision of Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herein after referred to as 'the Juvenile Justice Act', for the sake of brevity) and to issue instructions/guidelines/ circulars to the Chief Electoral Officer as well as to the Returning Officers and other authorities responsible for the conduct of elections that the juveniles are not disqualified from contesting the elections held for State Assemblies or Parliament in terms of Section 8 of the Representation of the People Act, 1951 (herein after referred to as 'the R.P. Act' for the sake of brevity) as the said provision is not applicable to the juveniles and for other ancillary reliefs.

(2.) It is apparent from the record that in the year 1998 when the petitioner was 171/2 years old, he was made an accused in Kadamkuan P.S. Case No. 574 of 1998 for offences punishable under Sections 302, 120B and 34 of the Indian Penal Code as well as Section 27 of the Arms Act and subsequently vide judgment dated 11.7.2001 passed in Sessions Trial No. 1003 of 1999, the Sessions Court, Patna convicted him for offences punishable under Sections 302, 120B and 34 of the Indian Penal Code. The said judgment was upheld by the Supreme Court vide its order dated 30.9.2005 passed in Criminal Appeal No. 688 of 2003.

(3.) Learned counsel for the petitioner stated that under the provision of Section 9 of the R.P. Act, a juvenile who has committed an offence shall not suffer any disqualification as is attached to a conviction for any offence. He has further submitted that the Juvenile Justice (Care and Protection of Children) Rules, 2007 aiso provide that no stigma should be attached to a juvenile in such cases. He further argued that according to Section-64 of the Juvenile Justice Act such juvenile cannot be deemed to be a convict as his past record is erased and his disqualification removed.