- (1.) Heard the learned counsel for the parties. Brief relevant facts for the disposal of this application are that the accused-applicant by judgment and order dated 31.8.2001, apart from other offences, has been convicted for the offence under Section 326/149 IPC in Regular Criminal Case No. 316/1993 by Judicial Magistrate, Kotputali, District Jaipur and sentenced for seven years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo three months simple imprisonment. Against this judgment and order dated 31.8.2011, the applicant filed Criminal Appeal No. 56/2001 which was dismissed by the Appellate Court vide judgment dated 16.8.2007 and the conviction and sentence passed by learned trial Court was maintained. The applicant filed S.B. Criminal Revision Petition No. 961/2007 before this Court and the sentence passed by learned Courts below was suspended by this Court vide order dated 25.10.2007 in S.B. Criminal Misc. Suspension of Sentence Application No. 55/2007. The applicant has filed this stay application with the averment that he was elected as Ward Member from Gram Panchayat Nagal, Panditpura, Kotputali, District Jaipur and his election to that post has been challenged by a contesting candidate by means of an election petition filed before the Court of District Judge, District Jaipur His apprehension is that his election may be declared void on the ground that at the time of election, the applicant was disqualified to contest the election of Ward Member because he has been convicted for an offence by a competent Court and sentenced to imprisonment for more than six months. The applicant has made prayer that his conviction may be stayed otherwise there is likelihood that his election to the Ward Member may be set aside. In this case the accused-applicant along with co-accused has been held guilty of causing several simple and grievous injuries by blunt and sharp weapon in furtherance of their common object to more than on person.
(2.) The learned counsel for the applicant has Submitted that if the conviction results into some disqualification the Court is competent to stay conviction. It has also submitted that the offence for which the applicant has been convicted and sentenced does not come within the purview of moral turpitude. In support of his submission, the learned counsel has mainly relied upon the cases in Kanhaiya vs. State of Rajasthan : , : 2001 (3) WLC (Raj.) 411, Navjot Singh Sidhu vs. State of Punjab & Anr. : , : 2007 AIR(SC) 1003 : RLW 2007 (3) SC 2264 and Maqsood Khan vs. State of Rajasthan : 2007 (1) Cr.L.R. (Raj.) 801.
(3.) On the other hand, learned Public Prosecutor by opposing the prayer made on behalf of the applicant has submitted that the applicant was disqualified for even contesting the election for the Ward Member and thus if the order of conviction is stayed by this Appellate Court, a disqualified person would continue to hold an elected office.;