G.S. IQBAL versus K.M. KHADAR & ORS.

G.S. IQBAL versus K.M. KHADAR & ORS.

There was no evidence or pleading to show the returned candidate was a member of two registered political parties on the date of nomination, nor any violation of Sections 33 or 34 of the Representation of the People Act, 1951 or the Symbols Order, 1968. No material was placed to establish disqualification. The margin of victory precludes any claim of material effect on the result due to alleged non-compliance. Disqualification under the Tenth Schedule is not within the scope of election petitions but for adjudication by the Speaker.

Parties
Appellant: G.S. Iqbal; Respondent: K.M. Khadar Mohideen; Respondent: Other respondents (unnamed)
Jurisdiction
India
Judgment Date
19 March 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Election Petition Judgment
Outcome
Appeal dismissed
Legal Topics
Void Election Grounds, Nomination Papers, Party Membership, Disqualification, Symbols Order, High Court Jurisdiction
Election Law Constitutional Law Void Election Grounds Nomination Papers Party Membership Disqualification Symbols Order High Court Jurisdiction

Case Brief

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Parties

G.S. Iqbal

Appellant

K.M. Khadar Mohideen

Respondent

Other respondents (unnamed)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Election Petition Judgment

Legal Issues

  1. 1 Whether the nomination and acceptance of the returned candidate was valid under the Representation of the People Act, 1951 and relevant orders
  2. 2 Whether being a member of two political parties at the time of nomination invalidates the election
  3. 3 Whether non-compliance with statutory provisions materially affected the result of the election

Ratio Decidendi

There was no evidence or pleading to show the returned candidate was a member of two registered political parties on the date of nomination, nor any violation of Sections 33 or 34 of the Representation of the People Act, 1951 or the Symbols Order, 1968. No material was placed to establish disqualification. The margin of victory precludes any claim of material effect on the result due to alleged non-compliance. Disqualification under the Tenth Schedule is not within the scope of election petitions but for adjudication by the Speaker.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs quantified at Rs. 25,000/-