K. VENKATACHALAM versus A. SWAMICKAN AND ANR.

K. VENKATACHALAM versus A. SWAMICKAN AND ANR.

The High Court was justified in entertaining a writ petition under Article 226 to declare the appellant disqualified as a member, since the appellant lacked the basic constitutional and statutory qualification to be chosen to the Legislative Assembly, and the bar under Article 329(b) is not attracted to pre-election disqualification. The appellant's impersonation and lack of qualification justify the restraint and penalty imposed.

Parties
Appellant: K. Venkatachalam; Respondent No. 1: A. Swamickan; Respondent No. 2: State Government of Tamil Nadu, Secretary of Legislative Assembly
Jurisdiction
India
Judgment Date
26 April 1999
Procedural Posture
Civil Appeal / Final Decision on Appeal From Division Bench Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Disqualification for Membership of Legislative Assembly, Jurisdiction of High Court Under Article 226, Impersonation in Electoral Process, Penalty for Sitting and Voting When Not Qualified
Constitutional Law Election Law Disqualification for Membership of Legislative Assembly Jurisdiction of High Court Under Article 226 Impersonation in Electoral Process Penalty for Sitting and Voting When Not Qualified

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Parties

K. Venkatachalam

Appellant

A. Swamickan

Respondent No. 1

State Government of Tamil Nadu, Secretary of Legislative Assembly

Respondent No. 2

Procedural Posture

Civil Appeal / Final Decision on Appeal From Division Bench Judgment

Legal Issues

  1. 1 Whether the High Court was justified in exercising jurisdiction under Article 226 to declare appellant disqualified as member of Legislative Assembly.
  2. 2 Whether Article 329(b) bars the writ jurisdiction under Article 226 in cases of pre-election disqualification.
  3. 3 Whether appellant impersonated another in nomination and lacked basic qualification under Article 173(c) read with Section 5 of the Representation of the People Act, 1951.

Ratio Decidendi

The High Court was justified in entertaining a writ petition under Article 226 to declare the appellant disqualified as a member, since the appellant lacked the basic constitutional and statutory qualification to be chosen to the Legislative Assembly, and the bar under Article 329(b) is not attracted to pre-election disqualification. The appellant's impersonation and lack of qualification justify the restraint and penalty imposed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant declared not entitled to sit as member of Tamil Nadu Legislative Assembly; restraint order issued.
  • Respondent No. 2 to intimate State Government as to the number of days appellant sat as a member, State Government to recover penalty from appellant as per Article 193 of the Constitution.