PRABHU, L. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The three Original Petitions are in the nature of public interest litigations challenging the constitutional validity of sub-S.4 of S.8 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"). Since the same issue was raised in the Election Petition No. 1,0 of 2001, the learned Single Judge has also referred the election petition for determination of the said issue by this Bench. Hence, it would be convenient to determine the said issue in all four matters by a common Judgment.

(2.) In the Election Petition No. 10 of 2001, the first respondent, R. Balakrishna Pillai was elected as Member of the Kerala Legislative Assembly. While he was a sitting M.L.A. he was convicted and sentenced to undergo five years rigorous imprisonment for offences under S.120 - B, 409 of I.P.G. and S.5 (2) of the Prevention of Corruption Act read with S.120 - B of the I.P.G. by the Special Judge, Edamalayar Investigations. He has challenged his conviction by an appeal in the Supreme Court which is admitted and is pending in the Supreme Court. During this period, the election process started on 20th April 2001. The first respondent in the election petition filed his nomination. The nomination was scrutinised on 24th April 2001, and the Returning Officer by an Order made on 25th April 2001 overruled the objection raised against the validity of the nomination of the first respondent in the election petition and took the view that on the date of scrutiny, that is, on 24th April 2001 inasmuch as the first respondent is a sitting M.L.A., he got the benefit of S.8 (4) of the Act, and he is not disqualified under S.8. As a matter of information, it was pointed out that by a notification issued on 10th May 2001, the Governor of Kerala, in exercise of his power under Art.174 (2) (b) had dissolved 10th Kerala Legislative Assembly with effect from 16th May 2001.

(3.) The issue of law for consideration of this Division Bench is: