V RAVEENDRAN NAIR Vs. R BALAKRISHNA PILLAI

JUDGEMENT

(1.) The challenge in the Election Petition is with regard to the election of the 1st respondent Mr. Balakrishna Pillai, who was a sitting M.L.A. of the 10th Kerala Legislative Assembly in the next General Elections, polling for which took place on 10.5.2001 from No. 117 Kottarakkara Legislative Assembly Constituency. According to the petitioner, the 1st respondent, as accused in C.C. No. 1/91 of the Special Court for trial of Idamalayar Investigation Cases, Ernakulam, had been convicted for the offence under S.120 - B and 409 of the Indian Penal Code and S.5(1)(c) read with S.5(2) of the Prevention of Corruption Act and sentenced to rigorous imprisonment for 5 years for the offence under S.120B of the IPC and to 4 years rigorous imprisonment for each of the other offences and hence was disqualified for contesting the election under S.8(3) of the Representation of the People Act, 1951. It is contended that the nomination tendered by him was wrongly accepted by the Returning Officer and hence the election is liable to be declared as invalid.

(2.) In the written statement, the 1st respondent points out that S.8(4) of the Representation of the People Act, 1951 declares in categoric terms that none of the disqualifications in sub-ss. (1), (2) and (3) of S.8 of the R.P. Act, 1951 would apply to a sitting Member of the Legislative Assembly and the 1st respondent being a sitting M.L.A. is covered by the saving provision in S.8(4) and hence his nomination was rightly accepted by the Returning Officer. In this regard, he asserts that the said judgment in C.C. 1/91 is pending in appeal by way of Crl. Appeal No. 823/99 and that it has not become final. It is further contended that in view of the above position, the declaration of the result made in the case is not liable to be interfered with.

(3.) On the arguments advanced in the case, the issues raised are the following: