1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner being aggrieved by the order dated 11.8.2003 passed by the State Election Commissioner, Bihar, Patna in case No. 109 of 2002 whereunder the petitioner has been held to be disqualified for holding the office of the Member, Zila Parishad under Section 139(1)(g) of the Bihar Panchayat Raj Act, is before this Court.

3. The facts in nutshell are that the petitioner Chandeshwari Prasad filed his nomination for the post of Member, Zila Parishad, Begusarai on 1st March, 2001 and he was elected to the said office. It appears that on 19.3.2001 he was convicted under Section 302 I.P.C. and was sentenced to life imprisonment. In accordance with the amended Rules 122 of the Bihar Panchayat Election Rules, 1995 , one Ram Sundar Singh Kushwaha made application to the State Election Commissioner to look into the matter, decide the question of disqualification and remove the petitioner from office of Zila Pahshad. After hearing both the parties the State Election Commission being satisfied that the petitioner has incurred disqualification to hold the office of the Member, Zila Parishad directed