Citation : 2022 Latest Caselaw 7343 MP
Judgement Date : 13 May, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1741 of 2017
(RAMPRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-05-2022
Mr.Umakant Sharma, learned senior counsel with Mr.U.S.Rawat,
Advocate for the respondent.
Ms.Shakti Tripathi, learned Panel Lawyer for the respondent/State. This revision has already been admitted on 24.7.2017. The impugned sentence of the applicants has already been suspended vide order 09.8.2017.
Considered I.A.No.13636/2017, which is an application for stay of
impugned conviction in respect of applicants no.1 & 2.
Learned counsel for the applicants submitted that impugned judgment of conviction be stayed as the applicant No.1 to 3 are inclined to contest election and impugned judgment would be a disqualification for them as per provisions of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyma, 1993.
From perusal of averments made in the application it is reflected that applicants No.1 & 2 are Sarpanch since 2015. The aforesaid interlocutory application has been filed in the year 2017. No prayer has been made in respect of applicant No.3. Even there is no averment with regard to forthcoming
elections of Sarpanch. At this stage, such a request cannot be accepted.
In view of aforesaid, learned counsel for the applicants prays to withdraw I.A.No.13636/2017 with liberty to file fresh application making specific averments.
Prayer is allowed.
I.A.No.13636/2017 is dismissed as withdrawn with liberty to applicants to file a fresh application.
(SMT. ANJULI PALO) JUDGE RM
Signature Not Verified SAN
Digitally signed by RAJESH MAMTANI Date: 2022.05.13 19:30:41 IST
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