IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2387 of 2010 1. SANJAY VERMA @ SANJAY MAHTO S/O SATYA NARAYAN MAHTO R/O VILL BHIMNICHAK,P.S.DULHIN BAZAR,DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR,OLD SECRETARIAT,PATNA 2. COMMISSIONER ,STATE ELECTION COMMISSION BIHAR,3RD FLOOR,SONE BHAWAN BIRCHAND PATEL PATH, PATNA-800001 3. DISTRICT MAGISTRATE PATNA 4. THE BLOCK DEVELOPMENT OFFICER DULHIN BAZAR,DISTT-PATNA ----------- For the Petitioner : M/s Yogendra Kr.Singh and Ajit Kumar. For the State Election Commission : Mr.R.S.Pradhan, Sr.Adv. and Mr. Rajeev Lochan For the State : Mr.Md.Arif. 2 5.3.2010 Petitioner was elected as a Mukhiya of Gram Panchayat Ainkhan- Bhimnichak. While working as such, he was convicted on 29.10.2009 by Judicial Magistrate,1st Class, Patna in Tr. No. 1414 of 2009 for offence under section 392/120B IPC and was ordered to undergo rigorous imprisonment for ,inter alia, two years. As consequence of this conviction, by order dated 11.12.2009, the State Election Commission held petitioner disqualified from the membership of the Panchayt in terms of Section 136(1)(g) read with Section 136(2) of the Bihar Panchayat Raj Act, 2006. Petitioner thus ceased to be a Mukhiya. Petitioner thereafter preferred an appeal against his conviction in the criminal case being Cr.Appeal no. 339 of 2009 before A.D.J- VII,Patna, who heard the matter and acquitted the petitioner by his judgment dated 23.1.2010.Thus, the conviction was reversed. Petitioner has field this writ petition for setting aside the order of the State - 2 - Election Commission consequent to reversal of his conviction in terms of Section 136(1)(g) itself. Heard the parties and with their consent this application is being disposed of. Section 136(1)(g) reads as follows: “ has been sentenced by a criminal court whether within or out of India to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behavior under section 109 or section 110 of the Code of Criminal Procedure, 1973 (Act 2, 1974) and such sentence or order not having subsequently been reversed.” In my view, once disqualification stands removed by reversal ,as provided in Section 136(1)(g) itself, the person must necessarily be re-instated. The order of the Election Commission would then be rendered nugatory. Mr. R.S.Pradhan, learned counsel for State Election Commission admits that the Commission not having power to review, it could not have recalled the order even as a consequence of reversal but states that similar view has been taken by this Court earlier and the State Election Commission has filed a L.P.A., which is pending being L.P.A.No. 571 of 2009. He fairly states that there is no stay granted in the L.P.A. Being bound by the judgment of this Court, I have no option but to allow the writ petition on the ground, as aforesaid. The order of the Election Commission has been rendered nonest as consequence of acquittal of the petitioner. Consequent to the same, there cannot be any - 3 - steps taken for filling up the vacancy because no vacancy now exists and the membership stands restored. The writ petition stands allowed. singh (Navaniti Prasad Singh,J)