ALLAHABAD HIGH COURT
N. U. Beg, CJ, R. N. Sharma, J
Buddha – Appellant
Versus
Naumi Lal – Respondent
| Table of Content |
|---|
| 1. nature of appeal and context (Para 1 , 2) |
| 2. arguments against disqualification based on moral turpitude (Para 3 , 11 , 41) |
| 3. nature of the offence in relation to moral turpitude (Para 4 , 5 , 6 , 7 , 8) |
| 4. court analysis of statutory implications regarding moral turpitude (Para 9 , 12 , 22) |
| 5. legal interpretation of disqualification period (Para 13 , 14 , 15 , 18) |
| 6. conclusion on moral turpitude and appeal outcome (Para 24 , 40 , 42 , 74) |
1. This is an appeal from a judgment of Misra, J. dismissing the appellant's petition for certiorari for the quashing of an order passed by an Additional Sub-Divisional Officer setting aside under S. 12 - C of the U.P. Panchayat Raj Act, 1947 read with R. 25 of the Panchayat Raj Rules the election of the appellant to the office of Pradhan of a Gaon Sabha. This special appeal came up for hearing before two of us who referred it to a larger bench because of certain questions of importance involved in it.
2. The appellant was convicted on 27-7-62 under S. 16 read with S.7 of the Prevention of Food Adulteration Act and fined Rs. 100/-. He had been found guilty of mixing a prohibited colour in sweets sold to a customer. Subsequently h
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