SC reinstates elected man convicted for gambling and fined Rs 200

NEW DELHI: The Supreme Court on Wednesday set aside a Karnataka HC’s decision to disqualify a man elected to the board of directors of a cooperative society by securing highest votes on the ground that his conviction under the state police Act for roadside gambling constituted a misconduct involving moral turpitude.

One Hanumantharayappa YC along with some others were allegedly playing cards on the roadside when they were caught by police, which levied a fine of Rs 200 without any trial. The man later contested elections to a post in the Board of Directors of Govt Porcelain Factory Employees Housing Cooperative Society and won with highest votes. But his election was set aside by the Registrar of society, which was upheld by HC.

Reversing the HC order and reinstating the petitioner in the Board of Directors of the cooperative society, a bench of Justices Surya Kant and N Kotiswar Singh said, “In the very nature of things, we find it difficult that the misconduct attributed to the appellant involves moral turpitude. It is well known that the expression ‘moral turpitude’ is used in legal as well as societal parlance to describe a conduct which is inherently debased, vile, depraved or having some connection showing depravity.”

Justice Kant said, “Every action against which one can raise an eyebrow may not necessarily involve moral turpitude. There are so many forms of playing cards. It is difficult to accept that every form of such playing would involve moral turpitude, especially when it is played as a mode of entertainment and recreation.”

“In fact, in most parts of our country, playing cards without an element of gambling or betting is accepted as a Poorman’s source of entertainment. That apart, the appellant has not been found to be a habitual gambler,” the bench said.

“Pertinently, the appellant has been elected to the Board of Directors of the Society with the highest votes. The consequential punishment of setting aside his election is highly disproportionate to the nature of misconduct said to have been committed by him,” it said while setting aside the judgment of the HC and orders of the authorities that disqualified him from holding office as a director of the society.