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2005 DIGILAW 110 (RAJ)

Rishikesh v. State of Rajasthan through its P. P.

2005-01-12

K.C.SHARMA

body2005
JUDGMENT 1. - Heard learned counsel for the parties on the stay application filed on behalf of one of the accused applicant/appellant Rishikesh. 2. Mr. Bajwa appearing for the applicant has filed the present stay application with a prayer to stay the operation of the impugned judgment of conviction dated 30.10.1999 passed by the trial court, qua the petitioner on the ground that the applicant is inclined to contest the election of Sarpanch in Panchayat elections of Gram Panchayat Beejalpur, Tehsil and District Karauli, which is scheduled to be held on 31.1.2005. Mr. Bajwa contended that the sentence awarded to the applicant, has already been suspended by this court vide order dated 5.11.1999, but still the appellant is ineligible, to contest the election for conviction being disqualification under the Rajasthan Panchayati Raj Act, 1994 to contest the election as a Panch or a member, for a period of 6 years from the date of conviction. According to Mr. Bajwa, a period of more than five years has already elapsed from the date of conviction of the applicant. The applicant is a post graduate in political science and has been actively involved in social work. In such circumstances, it would be in the interest of justice that judgment of conviction, qua the application should be stayed. 3. Learned Public Prosecutor has opposed the stay application. 4. I have considered the rival submissions, Section 19 of the Rajasthan Panchayat Raj Act deals with qualifications for election as a Panch or a member. It provides: "Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person : (a) to (h)xxx (g) has been convicted for any offence by a competent court and sentenced to imprisonment for six months or more, such sentence not having been subsequently reversed or remitted or the offender pardoned. 5. Proviso (ii) to Section 19 provides that for the purpose of Clauses @, (g) and (k) any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of conviction, as the case may be. 6. 5. Proviso (ii) to Section 19 provides that for the purpose of Clauses @, (g) and (k) any person shall become eligible for election after a lapse of six years from the date of his dismissal or the date of conviction, as the case may be. 6. Evidently thus, conviction of any person registered as a voter in the list of voters of a Panchayat Raj Institution is a disqualification to contest the election of Panch/Sarpanch and it continues to be a disqualification for a period of 6 years from the date of conviction. In the case at hand, the applicant was convicted and sentenced on 30.10.1999 and hence a period of more than 5 years and two months has already elapsed from the date of conviction. Thus taking into consideration the facts and circumstances of the case, particularly the fact that applicant has hardly to go 9 months and odd to come out of the period of disqualification, I feel that it would be in the interest of justice to stay the conviction of the appellant. 7. Consequently, the application for stay is accepted. The operation of the judgment of conviction dated 30.10.1999 passed by the learned Sessions Judge, Karauli in Sessions Case No. 33/96, qua applicant Rishikesh S/o Shri Angad Lal Meena only is concerned, shall remain stayed.Petition allowed. *******