K. PRABHAKARAN versus P. JAYARAJAN
The proposition that a candidate disqualified on the date of being chosen may become qualified by reference to subsequent events during pendency of an election petition is open to question. The issue requires authoritative pronouncement by a Constitution Bench.
- Parties
- Appellant: K. Prabhakaran; Respondent: P. Jayarajan
- Jurisdiction
- India
- Judgment Date
- 01 October 2002
- Procedural Posture
- Civil Appeal / Order Referring to Constitution Bench
- Outcome
- Referred to Constitution Bench
- Legal Topics
- Disqualification of Candidates, Interpretation of Representation of the People Act, Effect of Conviction and Sentence, Consecutive and Concurrent Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
K. Prabhakaran
Appellant
P. Jayarajan
Respondent
Procedural Posture
Civil Appeal / Order Referring to Constitution Bench
Legal Issues
- 1 Whether setting aside of conviction and sentence in appeal wipes out disqualification retrospectively under Representation of the People Act, 1951
- 2 Whether total term of imprisonment or term for each individual offence is relevant for disqualification under Section 8(3) of the Representation of the People Act, 1951
Ratio Decidendi
The proposition that a candidate disqualified on the date of being chosen may become qualified by reference to subsequent events during pendency of an election petition is open to question. The issue requires authoritative pronouncement by a Constitution Bench.
Court Disposition
Referred to Constitution Bench
Orders
- Matter to be placed before Hon'ble Chief Justice of India for constituting an appropriate Bench for hearing the appeal.
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