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 s.8(3) Disqualification under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Representation of the People Act, 1951 – s.8(3) –Disqualification under – The petitioner filed nominations from twoLok Sabha Constituencies – The nominations were rejected on theground that she was convicted in 2 criminal cases – In both cases,she was imposed with a punishment of imprisonment for 3 yearsseparately – The High Court, in one case suspended the convictionand in another case stayed the execution of sentence – After theelections were over, the petitioner filed two election petitionscontending that the rejection of her nomination was illegal andunjustified – Lots of defects were noticed in her election petitionsby the Registry of the High Court including the defect in prayer ofone of the election petition – The High Court rejected both theelection petitions on the grounds that there were incurable defectsin terms of s.86(1) of 1951 Act and that the petitioner wasdisqualified u/s.8(3) of the 1951 Act r/w. Art.102(1)(e) of theConstitution – Aggrieved two SLPs were filed, one arising out ofeach election petition – One SLP was dismissed for non-prosecution– In the remaining SLP, it was observed that what weighed with theHigh Court in election petition was; (i) lack of proper verification;(ii) an incomplete prayer; (iii) serious allegations made againstChief Minister – Held: A defective verification is a curable defect –The High Court committed a grave error in holding defects asincurable – The defects were curable and an opportunity to curedefects ought to have been given – Further, the Rules of the HighCourt of Kerala, 1971 contains a set of Rules from Rule Nos.207 to219 in Chapter XVI, these rules govern the procedure for institutionand trial of election petitions – There is nothing to indicate in theRules that the designated Judge was powerless to return the petitionto petitioner for curing the defects – The High Court was wrong inthinking that the defective verification of the election petition wasa pointer to the game plan of the election petitioner after makingserious allegations against former Chief Minister – High Courtshould have given opportunity to the petitioner to cure defects beforereaching such conclusion – No motives motives could have beenattributed to the petitioner, only because she made seriousallegations against someone – The defect in the prayer made by thepetitioner was also a curable defect – As far as effect of punishmentby criminal court is concerned, the suspension of the execution ofthe sentence would not alter or affect the conviction and thattherefore such a person would remain disqualified u/s.8(3) of the1951 Act – The Appellate Court has ample powers u/s.389(1) of theCode, to stay the conviction as well as the sentence and that wherevera stay of conviction has been granted, the disqualification will notoperate – In the instant case, the disqualification u/s.8(3) of the1951 Act will continue so long there is no stay of conviction – Thepetitioner only obtained a stay of execution of the sentence andcould not obtain stay of conviction – Hence, her nominations werevalidly rejected. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2020 INSC 693 |
Petitioner | Saritha S. Nair |
Respondent | Hibi Eden |
SCR | [2020] 13 S.C.R. 635 |
Judgement Date | 2020-12-09 |
Case Number | 10678 |
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