1. Petitioner was admittedly Mukhiya of Gram Panchayat Kasap in the Block- Udwant Nagar, Bhojpur at Ara. While he was functioning as a Mukhiya he was convicted in a criminal case and sentenced to undergo rigorous imprisonment for one year. He was thereafter granted provisional bail by the Trial Court. This fact having been brought to the notice of the State Election Commission, the Election Commission, in view of Section 136(1)(g) of the Panchayat Raj Act, 2006 disqualified the petitioner. Petition was then taken up before learned Sessions Judge, Bhojpur at Ara wherein petitioner prays for suspension of sentence and also for bail. Learned Sessions Judge, Bhojpur at Ara by his order dated 27.10.2009 passed in Criminal Appeal No. 75 of 2009, after hearing the petitioner who was appellant as well as the intervener suspended implementation and execution of the order of the learned lower Court till disposal of the Criminal Appeal.

2. It is submitted by Mr. Mangalam, learned counsel appearing on behalf of the petitioner that thereafter he had moved before the State Election Commission for being reinstated and/or recalling the earlier order disqualifying him but the Election Comm