RAVEENDRAN NAIR Vs. R. BALAKRISHNA PILLAI

JUDGEMENT

(1.) THE three Original Petitions are in the nature of public interest litigations challenging the constitutional validity of Sub -section 4 of Section 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. 10 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 MLA he was convicted and sentenced to undergo five years rigorous imprisonment for offences under Sections 120 -B, 409 of IPC and Section 5(2) of the Prevention of Corruption Act read with Section 120 -B of the IPC 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 20.4.2001. The first respondent in the Election Petition filed his nomination. The nomination was scrutinised on 24.4.2001, and the Returning Officer by an order made on 25.4.2001 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 24.4.2001 inasmuch as the first respondent is a sitting M.L.A., he got the benefit of Section 8(4) of the Act, and he is not disqualified under Section 8. As a matter of information, it was pointed out that by a notification issued on 10.5.2001, the Governor of Kerala, in exercise of his power under Article 174(2)(b) had dissolved 10th Kerala Legislative Assembly with effect from 16.5.2001. The issue of law for consideration of this Division Bench is:

(3.) ARTICLE 191 of the Constitution of India lays down the disqualification for membership of a Legislative Assembly or Legislative Council of a State. We are not concerned with Clauses (a), (b), (c) and (d) of Article 191(1) which deal with various contingencies. The relevant provision of Article 191, for our purpose, would be as follows: