1. Heard Mr. Ram Balak Mahto, learned counsel appearing for the petitioner and Mr. Nath, learned counsel apparing on behalf of the State Election Commission.

2. The petitioner filed nomination for contesting election for the office of Mukhiya of Aifni Gram Panchayat in the district of Sheikhpura. On 19.2.2000, the date of scrutiny, the returning officer rejected his nomination on the ground that he was convicted and sentenced to undergo rigorous imprisonment for a period exceeding six months.

3. This ,writ petition has been filed challenging the order passed by the returning officer, rejecting the nomination filed by the petitioner. It was submitted that the returning officer was in error in rejecting the petitioners nomination as the petitioners appeal being Cr. Appeal No. 164 of 1993 filed before the High Court against the judgment and order passed by the trial court was admitted for hearing on 16.4.1993 and by the order passed on that date, the petitioner was also released on bail during the pendency of the appeal.

4. In a number of cases, it has been held by this Court that the pendency of the appeal and the grant of bail in appeal will not do away the disqualification