SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ram Balak Mahto, learned counsel appearing for the petitioner and Mr. Nath, learned counsel apparing on behalf of the State Election Commission.

(2.) THE petitioner filed nomination for contesting election for the office of Mukhiya of Aifni Gram Panchayat in the district of Sheikhpura. On 19.2.2000, the date of scrutiny, the returning officer rejected his nomination on the ground that he was convicted and sentenced to undergo rigorous imprisonment for a period exceeding six months.

(3.) IN a number of cases, it has been held by this Court that the pendency of the appeal and the grant of bail in appeal will not do away the disqualification imposed by section 139(3) of the Bihar Panchayat Raj Act, 1993. As long as the order of conviction passed by the trial court stands the concerned person would not be able to contest an election under the Act. Later on, if the appellate court sets aside the judgment and order of conviction, the concerned person may be able to contest any future elections held under the Act.