MD NEYAZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the Bihar state Election Commission and learned counsel for the State.

(2.) THE petitioner seeks quashing of the order dated 19-3-2009 passed in Case No. 02 of 2009, by the State Election Commissioner, by which he has declared the petitioner disqualified as Councillor in terms of section 18 (1) (g) of the Bihar Municipal Act, 2007 and for further consequential reliefs.

(3.) THE facts of the case lie within a narrow compass and are not in dispute. The petitioner was elected as Ward Councillor for the Patna Municipal Corporation in the elections of the year 2007. Prior to the said election, the petitioner was made an accused in Sultanganj P. S. Case No. 441 dated 14-12-2005 under Section 25 (1-B)/26 of the arms Act. Subsequently by the judgment dated 22-12-2008 passed in Trial No. 1898 of 2008 by the Judicial Magistrate, 1st Class, patna City, Patna, the petitioner was convicted and sentenced to rigorous imprisonment for three years and also held liable to pay a fine of Rs. 3,000/ -. The petitioner filed criminal Appeal No. 06 of 2009 before the sessions Judge, Patna and by order dated 12-1-2009, the appeal was admitted and the provisional bail granted by the trial Court was confirmed. Thereafter, respondent No. 5, Kalim Imam, filed a petition on 12-2-2009 before the State Election Commission, Bihar stating the aforesaid facts and praying that the petitioner should be disqualified with immediate effect in terms of the provisions of the Bihar Municipal Act, 2007. After hearing the parties, the State Election Commissioner by his impugned order dated 19-3-2009 in Case No. 02/2009 held the petitioner as disqualified under Section 18 (l) (g) of the bihar Municipal Act, 2007 from holding the post of Ward Councillor of the Patna Municipal Corporation.