Judgment

VERMA, J.- Pursuant to the notification to elect a member for the Punjab Vidhan Sabha to represent the Giddarbha Assembly Constituency, the appellant Raghbir Singh filed his nomination on 1-2-1992 which was found valid in the scrutiny on 2-2-1992, and he contested the election held on 19-2-1992 wherein he was declared duly elected on 20-2-1992. Thereafter, the respondent Surjit Singh, a voter from that constituency filed an election petition for a declaration that the appellants election was void on the ground that he was disqualified to be a candidate at the time of election. The facts on which this ground is based are admitted.

2. The appellant was convicted for an offence punishable under Section 326 read with Section 149 IPC and sentenced to three years rigorous imprisonment and a fine of Rs 100 in addition to his conviction and sentence also under some other sections of the Indian Penal Code, by the trial court on 15-11-1984. The appellants appeal against his conviction and sentence was dismissed by the High Court on 10-4-1987 and the special leave petition against the same was rejected by this Court on 30-11-1987. The appellant was in jail to serve out his sentence fro