RAMKISHORE PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case petitioner Ramkishore Prasad Singh has applied for grant of a writ in the nature of certiorari under Articles 226 and 227 of the Constitution for quashing the order of the Sub-divisional Magistrate, Sadar, Muzaffarpur, dated the 14th May, 1971, (Annexure 4) to the writ application rejecting his nomination paper for election as Mukhiya of Bhadai Gram Panchayat.

(2.) The learned Subdivisional Magistrate has held that the petitioner was disqualified under Section 79 (1) (f) of the Bihar Panchayat Raj Act, 1947, hereinafter referred to as 'the Act', which is to the following effect:--

(3.) The finding of the learned Sub-divisional Magistrate is that the petitioner was convicted by a Criminal Court and sentenced to undergo rigorous imprisonment for a term exceeding six months. This sentence was upheld by this Court. This is admitted by the petitioner. However, the petitioner produced an order of the Government attested by the Section Officer of the Community Development and Pancha-yat Department (Panchayati Raj, Bihar, Patna). The order (Annexure 1 to the writ application) reads: