Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Deepak Nagiya vs The State Of Madhya Pradesh on 29 August, 2018

                                                  1                               WP-20186-2018
                             The High Court Of Madhya Pradesh
                                        WP-20186-2018
                                 (DEEPAK NAGIYA Vs THE STATE OF MADHYA PRADESH)

           1
           Jabalpur, Dated : 29-08-2018
                 Mr.Navneet Dubey, learned counsel for the petitioner.
                 Mr.Rahul Rawat, learned Government Advocate for the
           respondent-State.

Heard.

By taking this Court to Rule 9(4) of the Rules of 2012, it is urged that mere pendency of a criminal case cannot be a ground to treat the petitioner as disqualified/ineligible.

Prima facie, it appears that as per sub Rule 4 of Rule 9 reproduced in para 5.7 of the petition, if petitioner is an accused in relation to a crime/offence against woman her candidature shall be kept pending till final decision of the Court. Thus, prima facie petitioner's candidature should have been kept in abeyance rather cancelling it.

Considering the aforesaid, impugned order dated 28/07/2018 to the extent petitioner's candidature is cancelled is stayed. The petitioner's candidature shall kept in abeyance subject to awaiting the decision of the competent court.

This order will not bestow any right to the petitioner to attend the training of Patwari.

Certified copy as per rules.

(SUJOY PAUL) JUDGE S /-