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1. This is an application under Article 226 of the Constitution challenging the order of the Election Officer, Gram Panchayat Elections, Aska Taluk in the district of Ganjam, rejecting the nomination paper of the petitioner lor election to the Gunthi-poda Gram Panchayat.

2. The facts leading upto this application are these: The petitioner filed his nomination paper for contesting the election from Ward No. 2 to the aforesaid Gram Panchayat. Opposite Party No. 2, Bhagaban Swain during the scrutiny of the nomination papers objected to the candidature of the petitioner on the ground that he had been sentenced to imprisonment for a period exceeding three months under Sections 506 and 143 Indian Penal Code, in G. R. Case No. 9 of 1948 by the Special first class Magistrate, Aska. In fact the petitioner was convicted for a period of three months under Section 506 and for further period of one month under Section 143 of the Indian Penal Code.

The Magistrate, however, while thus convicting the petitioner, directed the sentences to run concurrently. His further objection was that the offence of which the petitioner stood convicted involved 'moral turpitude'. It was also contended that the petitioner's nomination paper was previously rejected by the Election Officer, Aska, On the aforesaid grounds on March 20, 1956. The petitioner, doubtless, admitted the conviction and sentence under Sections 506 and 143 Indian Penal Code. But his contention was that in view of the concurrent nature of the sentence, it Cannot be said that he had been sentenced to an imprisonment for a term exceeding three months and the offence, in fact, did not involve any 'moral turpitude'.

7. From the above discussion it is clear beyond doubt that the sentences under Sections 506 and 143 I.P.C. having been directed to run concurrently cannot be taken together for purposes of Section 9(1) (e) of the Act when it cannot be aggregated for purposes of an appeal. Thus, we are clearly of opinion ihat the petitioner in this case cannot come within the mischief of Section 9(1) (e) of the Act and accordingly the order of the Election Officer, Gram Panchayat Elections, Aska Taluk cannot be maintained. Hence the petitioner is entitled to a declaration ihat he is qualified for contesting the election under the Act as his nomination paper is otherwise in order.