TEJ NARAIN YADAV v. THE STATE OF BIHAR & Ors.
Case at a glance
- Bench
- CHIEF, KISHORE K MANDAL
Outcome
Dismissed
Letters patent appeal is dismissed in limine
Provisions considered
- Bihar Panchayat Raj Act, 2006 s. 136
- Indian Penal Code, 1860 s. 302
Key paragraphs
- Para 55. Letters patent appeal is dismissed in limine R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/
Judgment
Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 18th September, 2008 Section 136 of Bihar Panchayat Raj Act, 2006, provides for disqualification of the membership in the Panchayat Raj Institutions. Inter alia, a person having been sentenced for a term exceeding six months by a criminal court is disqualified for election to the post of Mukhiya of a Gram Panchayat.
That the appellant has suffered life imprisonment for an offence under section 302 of the Indian Penal Code prior to filing his nomination is not in dispute. Even if we assume, as is contended by the counsel for the appellant, that the appellant had disclosed this fact on an affidavit while filing the nomination, it is apparent that he had already incurred disqualification in contesting the election and he could not have filed any nomination.
Any mistake on the part of the returning officer in accepting the appellant’s nomination would not wipe out the 2 disqualification incurred by him under section 136 of the Act, 2006.
In this backdrop, consideration of the matter by the single judge cannot be faulted.
Operative part
Letters patent appeal is dismissed in limine R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Letters patent appeal is dismissed in limine
Which statutory provisions did this judgment involve?
Bihar Panchayat Raj Act, 2006 — s. 136; Indian Penal Code, 1860 — s. 302.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.