Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951:- Section 8(3)-Disqualification under-Determination of-Subsequent appei'late judgment having bearing on the conviction and sentence of the candidate. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951: Section 8(3)-Disqualification under-Determination of-Subsequent appellate judgement having bearing on the conviction and sentence of the candidate-Effect of-On disqualification-Held: the disqualification has to be determined with reference to date of election and date of scrutiny of nomination paper and not the date of judgement in an election petition or in appeal thereagainst-Appellate judgement of a date subsequent to the date of nomination or election would not have the effect of wiping out the disqualification from a back date-Sections 100(1)(a) and (d)(i), 67A and 36(2)(a). ·Section 8(3)-Term of imprisonment of 2 years-Determination of-For incurring disqualification-Held: For determining the term of imprisonment, in case of consecutive sentences, the aggregate period of punishment for all the offences and in case of concurrent sentences, the longest of the several terms of imprisonment is to be taken into consideration-In order to attract disqualification, it is not necessary that the term must be in respect of one single offence-The provisions of Section 8 have to be construed in harmony with the provisions of Cr.P.C.-Code of Criminal Procedure, 1973-Section 31. Section 8(4)- Saving from disqualification-Applicability of-Held: The saving is available only so long as the House continues and the candidate continues to be member of the House-It ceases to apply if the House is dissolved or the candidate ceases to be member of the House. Constitution of India, 1950: Article 14-Candidates at election--Classification as 'member of House' and 'non-member of House' for the purpose of disqualification-Propriety of such classification-Held: such classification is reasonable and based on well A laid down differentia and has nexus with public purpose sought to be achieved-Representation of the People Act, 1951-Sections 8(3) and (4). Interpretation of Statute: Interpretation of provision of law and pronouncement on the construction of statutory provision-Held: While interpreting and pronouncing it should be kept in mind that the view would be applied to myriad situations-Interpretation -~ resulting in confusion, anomaly, uncertainty and practical difficulties has to be avoided. Legal Fiction-Meaning and use of-Held: Legal fiction presupposes existence of not-existent state of facts and then works out the consequences flowing from those state of facts-Since it is created only for some definite purpose, it should be limited to that purpose-Stretching it beyond that legitimate field would amount to an illegitimate extension of the purpose of the legal fiction. Words and Phrases: Expression "Any offence" in the context of Section 8(3) of Representation of People Act, 1951. The questions which arose for consideration before this Court were: (1) Whether an appellate judgement of a date subsequent to the date of election and having a bearing on conviction of a candidate and sentence of imprisonment passed on him would have the effect of wiping out disqualification from a back date if a person consequent upon his conviction for any offence and sentenced to imprisonment for not less than 2 years was disqualified from filing nomination and contesting the election on the dates of nomination and election? (2) What is the meaning to be assigned to the expression-" A person convicted of any offence and sentenced to imprisonment for not less than 2 years" as employed in sub-section (3) of Section 8 of the Representation of the People Act, 1951? Is it necessary that the term of imprisonment for not less than 2 years must be in respect of one single offence to attract the disqualification? (3) What is the purport of sub-section (4) of Section 8 of the Act; whether the protection against disqualification conferred by sub-section (4) on a member of a House would continue to apply though the candidate had ceased to be a member of Parliament or Legislature of a State on the date of nomination or election? |
Judge | Honble Mr. Justice K.G. Balakrishnan Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 23 |
Petitioner | K. Prabhakaran |
Respondent | P. Jayarajan |
SCR | [2005] 1 S.C.R. 296 |
Judgement Date | 2005-01-11 |
Case Number | 8213 |
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