Judgment

R.C. Lahoti, CJI. (For self and on ­behalf of Hon. Shivaraj V. Patil, B.N. Srikrishna and G.P. Mathur, JJ.)—

Facts in C.A.No. 8213/2001

Election to the No. 14 Kuthuparamba Assembly Constituency was held in the months of April-May, 2001. There were three candidates, including the appellant K. Prabhakaran and the respondent P. Jayarajan contesting the election. Nominations were filed on 24.4.2001. The poll was held on 10.5.2001. The result of the election was declared on 13.5.2001. The respondent was declared as elected.

2. In connection with an incident dated 9.12.1991, the respondent was facing trial charged with several offences. On 9.4.1997, the Judicial Magistrate First Class, Kuthu­paramba held the respondent guilty of the offences and sentenced him to undergo imprisonment as under :—

       Offences Sentence

Under Section 143 read R.I. for a period with Section 149 IPC of one month

Under Section 148 read R.I. for six months with Section 149 IPC

Under Section 447 read R.I. for one month with Section 149 IPC

Under Section 353