(१)

भााग चाार-क-१२४–१

RNI No. MAHBIL /2009/35527

महाराष्टट्रõ शासन राजपत्र

असाधारण भाग चार-क

वर्षष १०, अंक ८७]

सोमवार, डि’सेंबर १६, २०२४/अग्रहायण २५, शके १९४६

[पृष्ठेे ३, किं�ंमत : रुपये ९.००

असाधारण क्रमांं�क १२४

प्राधिकृत प्रकाशन

महाराष्टट्र शासनाव््यतिरिक्त इतर वैधानिक प्राधिकाऱ््ययाांांनी तयार केलेले

(भाग एक, एक-अ व एक-ल यांमध्ये प्रसिद्ध केलेले वैधानिक नियम व आदेश यांव््यतिरिक्त इतर)

वैधानिक नियम व आदेश; यात भारत सरकार, उच्च न्यायालय, पोलीस आयुक्त, आयुक्त (राज्य उत्पादन शुल्क),

जिल्हादंडाधिकारी व निवडणूक आयोग, निवडणूक न्यायाधिकरण, निवडणूक निर््णय अधिकारी व निवडणूक आयोगाखालील

इतर प्राधिकारी यांनी तयार केलेले वैधानिक नियम व आदेश यांचा समावेश होतो.

BEFORE THE GOVERNOR OF MAHARASHTRA

In Re : Petition under Articles 191(1)(e) and 192(1) of the Constitution of India by Shri Ajit Vishnu

Ranade regarding alleged disqualification of Shri Omprakash Bachchu Kadu, Member of the

Maharashtra Legislative Assembly under article 191(1)(e) of the Constitution of India.

Order

This is a petition under Articles 191(1)(e) and 192(1) of the Constitution of India filed on

04.08.2023 by Shri Ajit Vishnu Ranade alleging that Shri Omprakash Bachchu Kadu, Member of

the Maharashtra Legislative Assembly, has incurred disqualification under article 191(1)(e) of the

Constitution of India, read with section 8(3) of the Representation of the People Act, 1951 (43 of

1951). In the petition, the petitioner has requested to disqualify Shri Omprakash Bachchu Kadu,

Member of Maharashtra Legislative Assembly, on the ground of conviction order dated 08.03.2023

passed against him.

2. In this Petition, it has been stated that the Respondent has been convicted vide conviction

order passed by the Hon’ble Special (MP & MLA) Court, Nashik on 08.03.2023 in Sessions Case No.

176/2021, for rigorous imprisonment of one year for an offence under section 353 of Indian Penal

Code, 1860 (Assault or use of Criminal Force on a public servant) and rigorous imprisonment of one

year for an offence under section 504 of India Penal Code, 1860 (Intentional Insult), totalling to two

years of rigorous imprisonment. The conviction order of the Court specifically mentions that “both

sentences shall run concurrently”.

3. As required by the provisions of clause (2) of article 192 of the Constitution, the question of

the alleged disqualification of Shri Omprakash Bachchu Kadu, Member of Maharashtra Legislative

Assembly, was referred to the Election Commission of India for its opinion.

महाराष्ट्र शासन राजपत्र असाधारण भाग चार-क, डि’सेंबर १६, २०२४/अग्रहायण २५, शके १९४६

4. The Commission in its opinion dated 17.11.2023 referred the provisions of Article 191 of

the Constitution and section 8(3) of the Representation of the People Act, 1951 (43 of 1951) as the

petitioner has alleged the disqualification under the said Article and section.

Article 191(1)(e) of the Constitution provides that a person shall be disqualified for being chosen

as, and for being a member of the Legislative Assembly or Legislative Council of a State, if he is so

disqualified by or under any law made by Parliament.

Section 8(3) of the Representation of the People Act, 1951 (43 of 1951) provides that a person

convicted of any offence and sentenced to imprisonment for not less than two years other than any

offence referred to in sub-section (1) or sub-section (2) shall be disqualified from the date of such

conviction and shall continue to be disqualified for a further period of six years since his release.

5. The Commission has pointed out that the issue pertaining to the meaning to be assigned to

the expression “a person convicted of any offence and sentenced to imprisonment for not less than

two years” used in section 8(3) of the Representation of People Act, 1951 has been dealt by a five

Judge bench of the Hon’ble Supreme Court in the case of K. Prabhakaran vs. P. Jayarajan, (2005)

1 SCC 754. The relevant extract of the judgment quoted in the Commission’s Opinion is as follows :

“54. [...] The expression “a person convicted of any offence’ has to be construed as” all

offences of which a person has been charged and held guilty at one trial. The applicability of the

expression’ sentenced to imprisonment for not less than 2 years’ would be decided by calculating

the total term of imprisonment for which the person has been sentenced.”

“62. For the purpose of attracting applicability of disqualification within the meaning of “a

person convicted of any offence and sentenced to imprisonment for not less than two years”,- the

expression as occurring in section 8(3) of RPA, what has to be seen is the total length of time

for which a person has been ordered to remain in prison consequent upon the conviction and

sentence pronounced at a trial. The word “any” qualifying the word “offence” should be understood

as meaning the nature of offence and not the number of offence/offences.”

6. The Commission in its Order has reproduced the relevant extract of the order dated

08.03.2023 which is as follows :—

“1. Accused Omprakash aka Bacchu Babarao Kadu stands convicted under section 235(2)

of the Code of Criminal Procedure, for an offence punishable under section 353 of the Indian

Penal Code and sentenced to suffer rigorous imprisonment of one year and to pay a fine of

Rs. 5000, in default, to suffer rigorous imprisonment for three months.

2. He is further convicted under section 235(2) of the Code of Criminal Procedure, for an

offence punishable under section 504 of the Indian Penal Code and sentenced to suffer rigorous

imprisonment of one year and to pay a fine of Rs. 5000, in default, to suffer rigorous imprisonment

for three months.

3. Both sentences shall run concurrently.”

7. The Commission has stated that in view of the relevant provisions and the judgment cited

above, the total length of time for which a person has been ordered to remain in prison consequent

upon the conviction and sentence pronounced at a trial is the relevant time to be considered for

attracting disqualification under section 8(3) of Representation of People Act, 1951. The Commission

has opined that as per the conviction order dated 08.03.2023, the Respondent has to suffer two

rigorous imprisonments of one year which have to run concurrently, thus the Respondent has to

remain in prison for 1 year in total, therefore, section 8(3) of the Representation of People Act, 1951

is not attracted in present case.

8. In view of the above, the Election Commission of India has, under Article 192(2) of the

Constitution of India, opined that the Respondent has not incurred disqualification under article

191 of the Constitution of India.

9. I, Ramesh Bais, Governor of Maharashtra, in exercise of the powers conferred upon me

under article 192 of the Constitution of India, having considered the matter in the light of the opinion

expressed by the Election Commission of India, pass the following order:

Order

The petition dated 04.08.2023 filed by Shri Ajit Vishnu Ranade, on the question of alleged

disqualification of Shri Omprakash alias Bachchu Babarao Kadu, Member of Maharashtra Legislative

Assembly is hereby, for the reasons stated above, dismissed.

RAMESH BAIS,

Dated 31st January 2024.

Governor of Maharashtra.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

क्रमांंsक संंकीर्णण-२०२४/प्र.क्र.१८५/२४/३३

सामान्य प्रशासन वि�भाग

माादााम कामाा रोड, हुुताात्माा राजगुरू चौक,

मंंत्राालय, मुंंsबई ४०० ०३२,

दि�नांंsक १६ डि�सेंंबर, २०२४.

प्रत, माहि�ती व योग्य कार्ययवाहीसाठी अग्रेषि�त :—

(१)सचि�व, वि�धाानमंंडळ सचि�वाालय, वि�धाानभवन, मुंंsबई.

(२)जि�ल्हाधि�काारी तथाा जि�ल्हा नि�वडणूूक अधि�काारी, अमराावती.

(३) उप जि�ल्हाधि�काारी तथाा उप जि�ल्हा नि�वडणूूक अधि�काारी, अमराावती.

म. रा. पारकर,

उप सचि�व व सह मुख्य नि�वडणूूक अधि�काारी,

महााराष्ट्र राज्य.