P. Prabhakaran Vs. P. Jayarajan - Court Judgment

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Subject	Election ;Civil
Court	Supreme Court of India
Decided On	Jan-11-2005
Case Number	Civil Appeal Nos. 8213 of 2001 and 6691 of 2002
Judge	R.C. Lahoti, C.J.,; Shivaraj V. Patil,; K.G. Balakrishnan,; B.N. Srikrishna and;
Reported in	AIR2005SC688; 2005(79)DRJ305; JT2005(1)SC173; 2005(1)KLT510(SC); (2005)2MLJ27(SC); (2005)1SCC754
Acts	Indian Penal Code (IPC), 1860 - Sections 71, 143, 148, 149, 302, 303, 307, 323, 325, 326, 353, 427 and 447; Prevention of the Damage of the Public Property Act, 1984 - Sections 3(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 31, 389 and 401; Representation of People Act, 1951 - Sections 2, 8, 8(1), 8(2), 8(3), 8(4), 36(2), 67A, 100, 100(1) and 116A; Arms Act, 1959 - Sections 25 and 27; Constitution of India - Articles 14, 164, 191 and 286(1); Companies Act, 1956 - Sections 630
Appellant	P. Prabhakaran;ramesh Singh Dalal
Respondent	P. Jayarajan;nafe Singh and ors.
Advocates:	L. Nageswara Rao,; K.K. Venugopal, Sr. Advs.,; Roy Abraham,
Disposition	Petition dismissed
Cases Referred	K. Prabhakaran v. P. Jayarajan
Prior history	From the Judgment and Order dated 05.10.2001 of the Kerala High Court in E.P. No. 1 of 2001
Books referred	Black's Law Dictionary sixth Edition;

Excerpt:
.....of india - articles 14, 164, 191, 286(1) - election petition - election to no.14 kuthuparamba assembly constituency - election contested by three candidates including respondent - nomination filed on 24.4.2001 - poll held on 10.5.2001 - respondent declared elected on 13.5.2001 - respondent facing trial for several offences held guilty of offences on 9.4.1997 - nomination paper of respondent challenged by appellant on ground that respondent having being convicted and sentenced to imprisonment for a term exceeding 2 years was disqualified from contesting election - objection overruled by returning officer holding that disqualification within meaning of section 8(3) was not attracted - appeal - partly allowed by court of sessions by maintaining conviction of respondent and directing..........candidate under section 8(3) of the representation of the people act, 1951. the respondent no. 1 shall bear the costs of the appellant throughout......

Judgment:
ORDER

73. In view of the majority opinion, Civil Appeal No. 8213 of 2001, K. Prabhakaran v. P. Jayarajan, : [2002]SUPP3SCR1 is allowed. The judgment of the High Court dated 5.10.2001 is set aside. The election petition filed by the appellant is allowed. The election of the respondent P. Jayarajan from No. 14 Kuthuparamba Assembly Constituency to the Kerala State Legislative Assembly, which was declared on 13.5.2001, is set aside. The respondent No. 1 shall bear the costs of the appellant throughout.

74. Civil Appeal No. 6691 of 2002 is also allowed. The judgment of the High Court dated 5.7.2002 is set aside. The election petition filed by the appellant shall stand allowed. The election of the respondent Nafe Singh from 37-Bahadurgarh Assembly Constituency is declared void as he was disqualified from being a candidate under Section 8(3) of the Representation of the People Act, 1951. The respondent No. 1 shall bear the costs of the appellant throughout.