K.C. Sharma, J. - (1.) Heard learned counsel for the parties on the stay application filed on behalf of one of the accused applicant/appellant Rishikesh.
(2.) Mr. Bajwa appearing for the applicant has filed the present stay application with a prayer to stay the operation of the impugned judgment of conviction dated 30.10.1999 passed by the trial court, qua the petitioner on the ground that the applicant is inclined to contest the election of Sarpanch in Panchayat elections of Gram Panchayat Beejalpur, Tehsil and District Karauli, which is scheduled to be held on 31.1.2005. Mr. Bajwa contended that the sentence awarded to the applicant, has already been suspended by this court vide order dated 5.11.1999, but still the appellant is ineligible, to contest the election for conviction being disqualification under the Rajasthan Panchayati Raj Act, 1994 to contest the election as a Panch or a member, for a period of 6 years from the date of conviction. According to Mr. Bajwa, a period of more than five years has already elapsed from the date of conviction of the applicant. The applicant is a post graduate in political science and has been actively involved in social work. In such circumstances, it would be in the interest of justice that judgment of conviction, qua the application should be stayed.
(3.) Learned Public Prosecutor has opposed the stay application.;