BINOD KUMAR MORE Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner, the learned counsel appearing on behalf of the private respondent as well as the learned counsel for the State.

(2.) The petitioner is aggrieved by order dated 10.8.2007 passed by the State. Election Commissioner in Case No. 12 of 2007 declining to declare respondent no. 5 disqualified to contest election on the date of filing nomination though at the relevant, time he was under order of sentence of conviction of more than six months. The State Election Commissioner held that the disqualification on account of conviction of respondent no. 5 which had gone unnoticed at the time of scrutiny of nomination papers is wiped off if the elected candidate is subsequently acquitted.

(3.) Before I consider the issues involved in the instant case, it will be appropriate to bring the facts, of the case in brief on the record.