- (1.)This appeal under S. 116-A of the Representation of the People Act, 1951 (RPA, 1951 - for short) deserves to be placed for hearing before a Constitution Bench for the reasons stated hereunder.
(2.)No. 14 Kuthuparamba Legislative Assembly Constituency went to polls on 10th May, 2001. The respondent was declared elected. The appellant lost in the election.
(3.)The undisputed facts are that vide judgment dated 9th April, 1997 passed by Judicial Magistrate First Class, Kuthuparamba (Annexure P1), the respondent was held guilty of offences punishable under Ss. 143, 148, 447, 353, 427, all read with S. 149, I.P.C. and also under S. 3(2)(e) of the Prevention of Damage to Property Act, 1984 read with S. 149, I.P.C. and sentenced to several terms of imprisonment. All the sentences were directed to run consecutively. The total term of imprisonment which the accused was required to undergo was of 29 months though individually the term of imprisonment awarded for each of the several offences was less than two years. The respondent preferred an appeal laying challenge to the conviction and the sentences passed on him. Vide the judgment dated 25th July, 2001, the Court of Sessions upheld the conviction and the sentences passed on the respondent but subject to the modification that the substantive sentences of imprisonment passed by the trial Court were made to run concurrently (instead of consecutively). Thus, undisputedly, on the date of his election, the respondent was a convict sentenced to the term of 29 months' imprisonment passed by the trial Court.