A life convict is eligible or not to contest a municipal ele

vinod bansal (Querist) 03 May 2010 This query is : Resolved
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A person who is convicted for life imprisonment in a murder case and whose crl appeal is pending in Supreme Court,presentally he is on bail by supreme court and order is reproduced here as"
In this view of the matter and on consideration of the totality of the facts and circumstances of the case, we deem it
appropriate to suspend the sentence of the appellant No. 1 on his furnishing personal bond in the sum of Rs. 20,000/-
with two sureties of the like amount to the satisfaction of Additional Sessions Judge,"I want to know whether he can contest municipal council election. As i have heard that representation of peoples act debar only for the election of MP /MLA or MLC Kindly suggest as last date for nomination is 7th of May.Thanx

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Guest (Expert) 04 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.
1.KINDLY NOTE THAT IN PRESENT CASE ACCUSED IS CONVICTED BUT HIS APPEAL IS PENDING AT SUPREME COURT.
2APPEAL IS CONTINUANCE OF ANY CASE.THE SENTENCE IS SUSPENDED AND ACCUSED IS RELEASED ON BAIL ON CERTAIN CONDITIONS.
3.YOU MAY KINDLY NOTE THAT THERE ARE SEVERAL ELECTED MEMBERS AGAINST WHOM SEVERAL CASES ARE PENDING.ON THE SAME GROUND THIS PERSON ALSO CAN TAKE CHANCE AND SUBMIT HIS APPLICATION.

OF COURSE KINDLY SEND DETAILS OF THE JUDGEMENT AND APPEAL TO SC.IN CASE ANY DETAILSED SUGGESTION IS REQUIRED.
GOOD LUCK.
THANKS.

ESTHERPRIYA (Expert) 04 May 2010
Kindly note you should enquire his eligibility with concerned election authority alone. After fling necessary application and affidavit then it is the power of election authority to deal with it. If there is any additional circular or government order his application may be rejected. If the said person is elected and then Supreme Court convicts such person then it would be humbog. Your client is free to file a application and it will be decided by authority along with sufficient reasoning