KIRPAL SINGH, M.L.A. versus UTTAM SINGH & ANR.

KIRPAL SINGH, M.L.A. versus UTTAM SINGH & ANR.

In cases where an election is set aside not due to fault, corrupt practice, or disqualification of the elected candidate but due to improper rejection of another candidate's nomination, the appropriate order is to grant an absolute stay to avoid leaving a constituency unrepresented. Wider questions regarding the extension of disqualification to public sector employees are policy matters for Parliament, not the judiciary.

Parties
Appellant: Kirpal Singh; Respondent: Uttam Singh; Respondent: Another respondent
Jurisdiction
India
Judgment Date
09 October 1985
Procedural Posture
Civil Appeal / Supreme Court Appeal From Decision of Punjab and Haryana High Court in Election Petition No. 27 of 1972
Outcome
Appeal disposed as infructuous by reason of three subsequent general elections; costs awarded by the High Court set aside.
Legal Topics
Disqualification for Membership, Representation of the People Act, Public Sector Undertakings, Interim Orders in Election Appeals
Constitutional Law Election Law Disqualification for Membership Representation of the People Act Public Sector Undertakings Interim Orders in Election Appeals

Case Brief

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Parties

Kirpal Singh

Appellant

Uttam Singh

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Decision of Punjab and Haryana High Court in Election Petition No. 27 of 1972

Legal Issues

  1. 1 Whether disqualification under Article 191(1)(a) read with section 10 of the Representation of the People Act, 1951 applies to Public Sector Undertaking employees
  2. 2 Nature of appropriate interim orders in election appeals when election set aside on grounds not covered by corrupt practice or personal disqualification

Ratio Decidendi

In cases where an election is set aside not due to fault, corrupt practice, or disqualification of the elected candidate but due to improper rejection of another candidate's nomination, the appropriate order is to grant an absolute stay to avoid leaving a constituency unrepresented. Wider questions regarding the extension of disqualification to public sector employees are policy matters for Parliament, not the judiciary.

Court Disposition

Appeal disposed as infructuous by reason of three subsequent general elections; costs awarded by the High Court set aside.

Orders

  • Costs awarded by the High Court are set aside.
  • Appellant will receive remuneration for the period for which he was elected as legislator.