Law:

Section:

(a) Basic Democracies Order (18 of 1959)-------   ----Second Sched., Part II, S. 2(c)-Expression "moral turpitude"-Meaning-Person fraudulently obtaining transfer of evacuee land-Guilty of moral turpitude.   Ramanatha Aiyar's Law Lexicon ref.   (b) Basic Democracies Order (18 of 1959)----   -----Second Sched., Part II, S. 2(c)-Words "sentence of imprisonment for a term not less than six months"-Remission earned or granted to convict by authorities other than Courts do not interfere with basic structure of sentence awarded by Court-Word "sentence"-Does not necessarily mean "sentence by Court " Remission earned as part of continuing legal process envisaged by statute itself under which person is convicted-Not pardon or remission by executive authority-Remission, in such case, wipes off unexpired period of sentence-Person, sentenced to more than 6 months' imprisonment under Martial Law Regulation (C. M. L. A's.) No. 49, suffering only 40 days' imprisonment, sentence having been remitted on petition under para. 6, Martial Law Regulation (C. M. L. A's.) No. 61 [reconstituted]-Not disqualified from being candidate or member of Local Council.   Khagendranath and others v. Umesh Chandra Nath and others A I R 1958 Assam 183 distinguished.  JUDGMENT   SAJJAD AHMAD JAN, J.-We had accepted this petition on the ;:,.15th of October 1963 for reasons which we proceed to record. The facts leading up to this petition may first be stated.   The petitioner, Saudagar Ali, was elected as a Member of the Union Committee No.22, Khanewal, in December 1960 and later elected as its Chairman in March 1961, He was tried by a Special Military Court for an offence under Martial Law Regulation No. 49 which ended in his conviction and a sentence of five years' rigorous imprisonment and a fine of Rs. 10,000.00 or in default one year's further imprisonment. In confirmation proceedings before the Martial Law Sub-Administrator, No. 3 Sector Lahore, the sentence was reduced to one year's rigorous imprisonment arid a fine of Rs. 5,000.00. The order was announced on the 22nd of February…