DHRUBA CHARANA PAUL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Full Bench has been constituted to decide the scope and meaning of Article 243-O of the Constitution of India.

(2.) A Division Bench of this Court in disagreement with the view taken by another coordinate Bench in the case of Dhruba Charan Pal v. State Election Commission, Orissa (OJC No.2033 of 2002 disposed of on 28.3.2002) has referred the matter to the larger Bench. The Division Bench was of the view that interpretation of Article 243-O of the Constitution of India as given by learned Judges in Dhruba Charan Pal is not consistent with the view taken by the apex Court in the case of Boddula Krishnaiah v. State Election Commissioner, A.P., 1996 3 SCC 416.

(3.) In Dhruba Charan Pal, the writ petition was filed impugning the acceptance of nomination paper of opposite party no.4 by opposite party no.3 on the ground that opposite party no.4 had been convicted in G.R. Case No.102 of 1990 under the Prevention of Corruption Act read with Section 409 of IPC and had been awarded a sentence of rigorous imprisonment for two years. Though opposite party no.4 had filed an appeal against his conviction and had been enlarged on bail, but then he incurred disqualification under Section 33(h) of the Orissa Zilla Parishad Act. Thus the nomination paper of opposite party no.4 should have been rejected. The Division Bench referred to Article 243-O of the Constitution and held that in a case where the acceptance of the nomination of a particular candidate is questioned as distinct from seeking to hold up an election or preventing the holding of an election, this Court is not precluded from exercising its jurisdiction under Article 226 of the Constitution. It further held that when the facts are admitted and the position is clear in the sense that the principles have been expounded by the Supreme Court, it would not be appropriate for this Court to wash its hand off, by asking the petitioner to wait until the elections are over and to approach the Election Tribunal.