LALLAN SINGH Vs. STATE OF BIHAR THROUGH CBI

JUDGEMENT

(1.) I .A. No. 2286 of 2009 is a petition wherein the petitioner -appellant Lallan Singh who stands convicted under Sections 302/34, 120B, 307/34, 333/34, 355/ 34 and 379/34 of the IPC and section 27 of the Arms Act in a case relating to an occurrence wherein an Ex -Minister and his body - guard was killed by criminals and the carbine of the bodyguard was taken away, prays for stay/suspension of the order of conviction.

(2.) BY this court 'sorder dated 13.10.2009, the petitioner -appellant had been allowed bail on the ground as stated therein. Now the petitioner -appellant seeks stay of the conviction as awarded to him on a plea that he wants to contest the coming Bihar Legislative Assembly Election. It has been stated at paragraph 31. of the petition that the petitioner -appellant is State General Secretary of Lok Janshakti Party and he earlier contested the election twice from Mokama. Assembly constituency but he lost.

(3.) LEARNED counsel for the petitioner -appellant submits that the petitioner wants to contest election and his conviction in the case would operate as a bar in view of Section 8 of Representation of the People Act, 1951 (hereinafter referred to as the Act) which enjoins that a person convicted for two years of imprisonment or more, will be debarred from contesting any election. Learned counsel submits that the petitioner -appellant wants to contest the election and it is his valuable and fundamental right and that if the conviction is not stayed, he will be deprived of his valuable constitutional rights to contest the election.