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NAWNEET KUMAR PANDEY
Krishna Kumari Yadav – Appellant
Versus
State Election Commission (Panchayat) – Respondent
ORDER
I have already heard the learned counsel for the parties.
2. The present writ application has been preferred by the petitioner for quashing the order dated 12.01.2024 passed by respondent no.2 in Case No.72 of 2023, for quashing the order dated 21.02.2024 passed by respondent no.2 in Case No.13 of 2024, including directing the Respondents-Authorities for reinstatement of the petitioner to the post of Adhyakash of Zila Parishad, Khagaria, among other reliefs.
3. The petitioner Smt. Krishna Kumari Yadav was elected as a member of Khagaria Zila Parishad on 4th November, 2021. She was elected as the Adhyaksh of the Zila Parishad, Khagaria on 28.12.2021. She was convicted on 07.10.2023 by the learned Additional Chief Judicial Magistrate-1st, Khagaria in Khagaria P.S.Case No. 637 of 2005 under Section 387/120(B) of the IPC. Her husband was also convicted under the same sections of the IPC. The petitioner and her husband were sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 10,000/- was also imposed on them.
4. Since the conviction was for a period of more than six months, the State Election Commissioner (respondent no.2) declared her as disqualified vide ord
A stay on a conviction under Section 8(3) of the Representation of the People Act allows the convicted individual to continue holding office and contest elections until the appeal is resolved.
(1) Stay on conviction – Very notion of irreversible consequences is centered on factors, including individual’s criminal antecedents, gravity of offence, and its wider social impact, while simultane....
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
Section 389 of the Code of Criminal Procedure, 1973, empowers the appellate court, pending an appeal by a convicted person and for reasons to be recorded in writing to order that the execution of a s....
Non-disclosure of pending criminal charges in nomination forms is grounds for disqualification, reinforcing the integrity of electoral processes under the H.P. Panchayati Raj Act.
Complaints regarding pre-election disqualification must be reviewed under Section 58 of the Act, not Section 28(13).
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