VIDYA CHARAN SHUKLA Vs. PURSHOTTAM LAL KAUSHIK

JUDGEMENT

(1.) This is an appeal under Sections 116-A and 116-B of the Representation of the People Act, 1951, (hereinafter referred to as the Act) against a judgment dated Sept. 5, 1980, of a learned Judge of the High Court of Madhya Pradesh, whereby the Election Petition 1 of 1980, filed by the respondent was accepted and the appellant's election to Lok Sabha was declared to be void.

(2.) The principal question that falls to be determined in this appeal is, whether the election of a returned candidate whose appeal against the orders of his conviction and sentence exceeding two years imprisonment, pending at the date of the scrutiny of nomination papers, is accepted by the appellate court, resulting in his acquittal, before the decision of the election-petition against him, can be declared to be void under Section 100 (1) of the Act, on the ground that he was disqualified from being chosen as a candidate within the meaning of Section 8 (2) of the Act. The material facts are as follows: The respondent and the appellant contested the election as rival candidates, to the Lok Sabha from No. 18, Mahasamund Parliamentary Constituency in Madhya Pradesh. The last date for filing nominations was December 7, 1979. The scrutiny of the nomination papers took place on December 11, 1979.

(3.) The respondent raised an objection to the validity of the appellant's nomination before the Returning Officer at the time of the scrutiny. The objection was that the appellant had been convicted and sentenced to imprisonment exceeding two years by the Sessions Judge, Delhi on Feb. 22/27, 1979 and, as such, the appellant was disqualified from being chosen as a candidate in view of sub-section (2) of Section 8 of the Act. The Returning Officer, by his order dated December 11, 1979, rejected the objection and accepted the appellant's nomination as valid. The result of the election was declared on January 7, 1980. The election result was notified on Jan. 10, 1980. The appellant was declared elected, and the respondent was defeated. Thereafter on February 18, 1980, the respondent filed an Election Petition in the High Court to get the election of the appellant herein, declared void under, Sections 100 (1) (a) and 100 (1) (d) (i) of the Act, alleging that at the date of the election, including the date of the scrutiny of the nomination papers, the appellant was disqualified by virtue of Section 8 (2) of the Act from being chosen as a candidate on account of his aforesaid conviction and sentence.