Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20038 of 2012 ====================================================== Jawahar Singh Yadav, son of Late Chilar Singh, Resident of Village- Panchgaon, P.O. Khaira, P.S.- Sonahan, District- Kaimur at Bhabua. .... .... Petitioner Versus 1. The State Election Commission (Panchayat) through the State Election Commissioner, Sone Bhawan, Birchand Patel Path, Patna. 2. The State Election Commissioner, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna. 3. The Secretary, The State Election Commission (Panchayat), Sone Bhawan, Birchand Patel Path, Patna. 4. The District Magistrate-cum-District Election Officer, Kaimur at Bhabhua, District- Kaimur at Bhabhua. 5. The Block Development Officer, Bhabhua, District- Kaimur at Bhabhua. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Shashi Bhushan Kumar Mangalam, Advocate. For the Respondents : Mr. Amit Shrivastava, Advocate. Mr. Girish Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 19-10-2012 Heard learned counsel for the petitioner and the counsel for the State Election Commission. 2. Petitioner was elected as Mukhiya of Mahuari Gram Panchayat in the district of Kaimur. His election was questioned by Ramnoj Bind before the State Election Commission on the ground that petitioner being a life convict for the offence under [STATUTE] and Section 27 of the Arms Act vide judgment dated 27.12.1983 passed in Sessions Trial No. 125, 156/1978-80 could not have been nominated and elected as Mukhiya of the said Gram Panchayat. Appreciating such submission Commission has passed the impugned order declaring the election of the petitioner as a nullity on the ground that petitioner was disqualified on the date of nomination because of his aforesaid Patna High Court CWJC No.20038 of 2012 (2) dt.19-10-2012 2 conviction. While doing so, the State Election Commission has also directed for institution of the First Information Report for suppressing the information regarding conviction. 3. It is submitted with reference to the nomination paper filed by the petitioner for contesting the aforesaid election that petitioner had given the information about his conviction in the said trial with further information that he has already served the sentence. In such view of the matter, it is submitted that the State Election Commission ought not to have directed for lodging of the First Information Report for withholding the necessary information in the nomination paper. 4. Without interfering with the impugned order dated 25.9.2012, Annexure-3, I grant liberty to the petitioner to seek review of the said order so far it relates to the direction of the State Election Commission to register First Information Report against the petitioner for suppressing information regarding his conviction in the light of the information furnished by the petitioner in the nomination form. In case petitioner files a review petition within 30 days from today enclosing a certified copy of this order, State Election Commission shall consider the review petition within reasonable time not exceeding two months after seeking necessary report from the District Election Officer. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N. Sinha, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.