YESHWANTRAO KANKARRAO GADAKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. On the request of the learned Counsel for the parties, rule is made returnable forthwith.

(2.) THE petitioner had contested the Parliamentary elections held in 1991 from 39 Ahmednagar (South) Constituency. The petitioner was declared elected as Member of Parliament in the said elections. However, the election of the petitioner was challenged by one of the unsuccessful candidates namely; Shri E. V. alias Balasaheb Vikhe Patil in Election Petition No. 2 of 1991 in this Court. This Court ultimately allowed the said election petition by judgment and order dated 30th March, 1993. This Court held that the petitioner was guilty of corrupt practices and accordingly on that ground his election was set-aside. Being aggrieved by the aforesaid decision of this Court, the petitioner filed Civil Appeal No. 2115 of 1993 before the Supreme Court. The Supreme Court partly allowed the appeal of the petitioner by its judgment and order dated 19-11-1993. However, so far as the findings of this Court regarding commission of corrupt practices by the petitioner and the resultant disqualification of the petitioner were concerned, the judgment of this Court was upheld by the Supreme Court.

(3.) SECTION 8-A of the Representation of the People Act, 1951 (for short, hereinafter referred to as the "1951 Act") pertains to the disqualification of a member of Parliament or State Legislature on the ground of commission of corrupt practices. Sub-section (1) read with sub-section (3) of section 8-A of the 1951 Act provides that the case of every such member found guilty of corrupt practices by an order under section 99 of the 1951 Act shall be submitted, as soon as possible, after such order takes effect, by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such a member shall be disqualified and if so for what period. Proviso to sub-section (1) of section 8-A of the 1951 Act however provides that such period of disqualification shall not exceed six years in any case from the date on which the order made in relation to him under section 99 of the 1951 Act takes effect. Sub-section (3) of section 8-A of 1951 Act further provides that before giving the decision on any question mentioned in sub-section (1), the President shall obtain the opinion of the Election Commission on such question and shall act according to such opinion.