IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.890 of 2007 RAGHUBAR RAY son of late Sunder Ray, resident of village- Janardanpur, P.S. Kalyanpur, Distt. Samastipur.. Petitioner Versus 1 THE STATE OF BIHAR through Secretary Panchayat Raj, Bihar Patna 2 The Election Commissioner, Bihar, Patna, Office at Sone Bhawan Birchand Patel Marg patna. 3 The District Magistrate-cum- District Election officer ( Panchayat) Samastipur. 4 Nirmala Devi wife of late Nand Kumar Thakur, resident of village- Janardanpur, P.S. Kalyanpur, Distt. Samastipur.... Respondents. ----------- 4 10-2-2009 We have heard learned counsel for the appellant in detail. Nobody appears on behalf of the respondents. Since the appellant was awarded death sentence in a criminal trial on his conviction for the offence under section 302 and other sections of the Indian Penal Code on 20th October, 2006, we find no right in the petitioner to claim that he was still qualified to hold the post of Member of Panchayat Smitee regardless of the provision in Section 136(1)(g) of the Bihar Panchayat Raj Act, 2006. According to the aforesaid provision any person convicted for an offence and sentenced to more than six months of imprisonment, if the offence is not a political offence, will lose the qualification to contest or continue for the post in question. In the facts of the case, we find no good reason to interfere with the order of the writ court dated 25-7-2007 whereby the writ court refused to interfere with the order of the State Election Commission dated 31-1-2007 and 15-2-2007 in Case No. 79 of 2007. On behalf of appellant it was lastly submitted that conviction of the appellant was challenged before this court and death - 2 - Naresh reference as well as the appeal have been recently disposed of on 11- 2-2008 leading to acquittal of the appellant of the charges including the charge under section 302 of the Indian Penal Code. According to learned counsel for the appellant the same very provision in Section 136(1)(g) puts a condition that the conviction and sentence of more than six months will affect as a disqualification till such conviction or order has been subsequently reversed. According to him, after the conviction and sentence have been reversed in appeal and reference, the disqualification has ceased to be effective and on that account appellant is entitled to be reinstated on the post of Member, Zila Parishad held by him earlier. The aforesaid issue was not available to be raised before the writ court and has not been decided by the order under appeal. Hence, on that account it will not be proper for this court to pass any order in appeal but considering the said submission we grant liberty to the appellant that he may raise this issue before the respondent - Commission by filing an application to that effect. It goes without saying that if such an application is filed before the Commission, the same shall be considered expeditiously on its own merit in accordance with law. ( Shiva Kirti Singh,J) ( J.N.Singh,J ) - 3 -