When disqualification to contest municipal election is removed?

 In view of the aforesaid position of law the disqualification
of the petitioner was removed by virtue of Section 12 of the Probation of
Offenders Act and such removal operated from 25.06.2007.   It cannot
therefore, be said that the petitioner was disqualified under Section 10 of
the Maharashtra Provincial Municipal Corporation Act, on the date of his
election i.e. on 16.04.2012 as a Member of the Municipal Corporation
from Prabhag No.21­B.  The trial Court has committed an error of law in
setting aside the election petition of the petitioner on such ground.  The
judgment   and   order   passed   by   the   trial   Court   cannot,   therefore,   be
sustained.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.782 OF 2015
Karimuddin @ Karimlala Kazi,

V 
 Deepak s/o Shankarlal Jaiswal,

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
CORAM:  R.K. DESHPANDE, J.
DATE:          26th   AUGUST, 2015.
Citation:2016(5) ALLMR 119

Print Page

When court can order removal of disqualification attached to conviction as per probation of offenders Act?

Looking to the facts & circumstances of the case  and keeping in mind the arguments of learned counsel for the petitioner that the accused petitioner is not the habitual offender, no case is made out against him, I think it just and proper to give benefit of Sec.12 of the Probation of Offenders Act to the petitioner so that this order will not come in the way of petitioner in future.

In the result, the revision petition is partly allowed with the following directions:
i) The conviction of the petitioner is maintained.
ii) The accused petitioner is extended the benefit of Sec.12 of the Probation of Offenders Act, so that the impugned judgments will not affect his future in any way.

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B.CRIMINAL REVISION PET. NO. 1415/2014

(Mohan Swaroop  Vs. State)

 DATE OF JUDGMENT                28.1.2016
 MR.JUSTICE MAHESH CHANDRA SHARMA

Print Page