Bhagwan Das Choukse vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(MP) 500

SANJAY YADAV
Bhagwan Das Choukse – Appellant
Versus
State of M. P. – Respondent

Advocates:
N.S. Ruprah for petitioner;
A.P. Singh, Government Advocate for State;
Pradeep Kumar Dwivedi for respondent No.5.

ORDER

1. With consent of learned counsel for the parties, the matter is finally heard.

2. Petitioner seeks writ of quo warranto against respondent No.5 that being convicted for an offence under sections 307, 323, 436, 435 and 148 read with section 149 of IPC he was not eligible to contest the election of Member, Ward No.16, Janpad Panchayat Berasia, and having been elected he has no right to hold public office of President, Janpad Panchayat.

3. Briefly stated the relevant facts are that on 22.2.2015 election of member, Janpad Panchayat, Ward No.16 was held wherein the petitioner and respondent No.5 contested the election with 2119 votes. Later on, the petitioner came to know that the respondent No.5 was tried for an offence under sections 307, 323, 436, 435 and 148 read with section 149 of IPC. That by a judgment dated 16.6.2005 passed by the Ninth Additional Sessions Judge, Bhopal in Sessions Trial No.114/2002 he was convicted and sentenced to suffer rigorous imprisonment for six moths for offence under section 148, five years for the offence under section 307/149 with fine of Rs.1,000/-, six months under section 323/149, two years under section 435/149 and fine of Rs.500/-. These se