Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) The legal issue involved herein is, whether petitioner has been rightly disqualified by the impugned order dated 21.12.2015 passed by the respondent Election Commission under Sec. 18(1)(k) of Jharkhand Municipal Act, 2011 for non -furnishing affidavit of his conviction in Koderma (T) P.S. Case No. 221/1995 corresponding to G.R. No. 523/1995, T.R. No. 745/2012 for the offences under Ss. 147, 323 and 337 of Indian Penal Code by the Court of Judicial Magistrate, 1st Class, Koderma. (petitioner had been released after warning under Sec. 3 of Probation of Offenders Act, 1958) and whether such non -furnishing of affidavit along with his nomination paper would come within the meaning of corrupt practices as defined under Sec. 586 of the Act of 2011.
(3.) The undisputed facts are as follows: "Petitioner was a candidate for the post of Chairperson of Nagar Parishad, Jhumaritilaiya, election of which were held in the year 2015. Petitioner filed his nomination paper as prescribed in amended form -24 under Chapter -5 paragraph -5.16 of Appendix VIII of the Handbook of Municipal Election issued by the State Election Commission. Petitioner did not enclose any affidavit about his conviction in the aforesaid criminal case being Koderma (T) P.S. Case No. 221/1995 along with his nomination paper. He got elected as Chairperson of Jhumaritilaiya Municipal Council. The failure to furnish the aforesaid information by way of an affidavit, was complained by the private respondent i.e. Respondent No. 2 herein before the State Election Commission, as he was the losing candidate. He also filed election petition being Election Petition No. 01/2015 before the Election Tribunal i.e. the court of learned Sub Judge (Civil Judge, Senior Division -IV,) Koderma. After obtaining report from the Returning Officer of the said election and after issuing notice upon the petitioner in Case No. 13/2015 instituted on the complaint of the private respondent, State Election Commission by the impugned order dated 21.12.2015, has held the omission on the part of the petitioner to be an act of corrupt practices as defined under Sec. 123(2) of Representation of People Act, 1951 read with Sec. 18(1)(k) of the Act of 2011. Invoking the powers under Sec. 18 of the Act of 2011 read with Rule 112(2) of Jharkhand Municipal Nirwachan awam Chunaw Yachika Rules, 2012, it has disqualified the petitioner from holding the said office with immediate effect and further held him to be disqualified from Membership of all Local Authorities for six years, however such disqualification shall cease after six years of the General Municipal Election held in the month of May 2015.";