The court dismissed a writ petition challenging the setting aside of the petitioner's election as a Ward Member. It held that conviction underlying an active appeal for an IPC Section 406 offence disqualified the petitioner as a candidate.
The writ petition is dismissed as the petitioner was disqualified from candidacy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19237 of 2013
====================================================== Basant Singh, Son of Late Ram Kripal Singh, Resident of Mohalla- Maula Bagh, Post Office- Ara, Police Station- Ara Town, District- Bhojpur at Ara. .... .... Petitioner. Versus 1. The Bihar State Election Commission, Patna through its Secretary. 2. The Election Commissioner, Bihar State Election Commission, Bihar, Patna. 3. The Commissioner, Municipal Corporation, Bhojpur at Ara. 4. The District Magistrate-Cum-District Election Officer, Bhojpur at Ara. 5. Kumar Abhishekh, Son of Sukun Prasad Resident of MohallaSheoganj, Police Office-Ara, Police Station- Ara Town, DistrictBhojpur at Ara. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Adv. Mr. Lokesh Kumar Singh, Adv. For the Respondent/s : Mr. Santosh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER
02 18-11-2013 Heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel in support of the writ petition. The petitioner has challenged the order of the Election Commissioner by which his election as a Ward Member of Ward No.11 for Ara Municipal Corporation has been set aside. The ground on which his election has been set aside is that at the time of filing of nomination he had stood convicted for an offence under Section-406 of the Indian Penal Code and appeal was pending and he had been released on bail. Obviously, there was no stay of conviction. That being so, on the day he filed the nomination, he stood convicted for an offence for a period of two years.
Patna High Court CWJC No.19237 of 2013 (02) dt.18-11-2013
In my view, this disqualifies him to be a candidate. He was not qualified and his nomination paper was wrongly accepted. Thus, I find no merit in this application. It is, accordingly, dismissed.
(Navaniti Prasad Singh, J.)
Trivedi/-
1 issue framed by the court
Whether the petitioner was disqualified from contesting as a candidate under Section 406 IPC.
1 provisions across 1 enactments
Basant Singh
Bihar State Election Commission
Election Commissioner, Bihar State Election Commission
Commissioner, Municipal Corporation, Bhojpur
District Magistrate-Cum-District Election Officer, Bhojpur
Kumar Abhishekh
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
