- (1.) Heard learned counsel for the petitioner, learned Chief Standing Counsel appearing on behalf of the State-respondents, Sri B. N. Singh for respondents 2 and 3 and Sri L. K. Dwivedi who has filed his appearance on behalf of respondent no. 5.
(2.) The fifth respondent was elected as a member of the Legislative Assembly in Uttar Pradesh from the Mirzapur Sadar-396 seat. The fifth respondent was tried for offences under Sections 353, 504 and 506 of the Penal Code arising out of Case Crime no. 929 of 1995 of Police Station Kotwali Katara, District Mirzapur. The Chief Judicial Magistrate by a judgement and order dated 28 February, 2015 convicted the fifth respondent for offences under Sections 353, 504 and 506 of the Penal Code and sentenced him to imprisonment of three years and to a fine. The writ petition, which has been filed as a petition in the public interest, seeks a declaration that the fifth respondent stands disqualified as a member of the Legislative Assembly. A mandamus is sought for (i) withdrawing of all facilities provided to the fifth respondent as a state minister; (ii) declaring the seat vacant in order to enable a bye-election to be held; and (iii) restraining the fifth respondent from functioning either as a member of the Legislative Assembly or as a state minister.
(3.) The Chief Judicial Magistrate, convicted the fifth respondent for offences under Sections 353, 504 and 506 of the Penal Code and sentenced him to imprisonment of two years under section 353 and to a fine of Rs.2000/- (or in default to imprisonment of three months); to imprisonment in respect of the offence under section 504 for two years and to a fine of Rs.2000/- (or in default to imprisonment of three months); and to imprisonment for three years (for an offence under Section 506) and a fine of Rs.5000/- (or in default to imprisonment of six months). All the sentences were directed to run concurrently.;