Fakhruddin, Vacation J.

Heard.

1. In the instant case the petitioners have been convicted for the commission of the offence punishable under Sections 225/34, IPC and have been sentenced to undergo Simple Imprisonment for two years with fine of Rs. 200/-, in default of payment of fine to further undergo SI for one month each and such conviction attracts the Provision of Section 35 & Section 38 (1) (b) of the M.P. Nagarpalika Adhiniyam, 1961 which reads as under:--

"Section 35(hh) : No person shall be eligible for election or as a President or election or nomination as a Councillor, if he has been convicted by Court in India for any offence not falling under clause (h) and sentenced to imprisonment for a period not less than two years unless a further period of six years has elapsed since his release after under going the sentence."

"Section 38 (1) (b): If any Councillor becomes subject to any of the disqualification specified in Section 35 and such disqualification is not removable or being removable is not removed."

2. The conviction has not been stayed or suspended. The applicant has preferred an Appeal No. 676/2001. Counsel for the applicant has filed the only document Annexure P