PRADEEP KUMAR SONTHALIA versus DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

PRADEEP KUMAR SONTHALIA versus DHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

Section 8(3) of the Representation of the People Act, 1951 and Article 191 must be read so that disqualification is triggered at the moment of actual conviction; the word "date" in s.8(3) can denote the point in time when conviction is pronounced rather than the entire calendar day beginning at midnight, and the presumption of innocence and principle of legality require that a conviction not be treated as effective before it is pronounced; accordingly the vote cast at 9:15 a.m. on 23.03.2018 remained valid because conviction occurred later that day at 2:30 p.m., and the Court applied the de facto doctrine to uphold the validity of the vote.

Parties
Appellant: Pradeep Kumar Sonthalia; Respondent: Dhiraj Prasad Sahu @ Dhiraj Sahu
Jurisdiction
India
Judgment Date
18 December 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
Civil Appeal No.611 of 2020 dismissed; Civil Appeal No.2159 of 2020 allowed
Legal Topics
Disqualification of Legislators, Representation of the People Act S.8(3), Interpretation of "the Date", Principle of Legality (innocent Until Proved Guilty), De Facto Doctrine
Constitutional Law Election Law Statutory Interpretation Criminal Law Disqualification of Legislators Representation of the People Act S.8(3) Interpretation of "the Date" Principle of Legality (innocent Until Proved Guilty) +1 more

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Parties

Pradeep Kumar Sonthalia

Appellant

Dhiraj Prasad Sahu @ Dhiraj Sahu

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether a vote cast in the forenoon on the date of election becomes invalid if the voter-member is convicted and sentenced in the afternoon of the same date
  2. 2 Whether the defeated candidate is entitled to be declared elected if such a vote is struck off
  3. 3 What is the meaning of "the date of such conviction" in s.8(3) of the Representation of the People Act, 1951 and how it aligns with Article 191 of the Constitution

Ratio Decidendi

Section 8(3) of the Representation of the People Act, 1951 and Article 191 must be read so that disqualification is triggered at the moment of actual conviction; the word "date" in s.8(3) can denote the point in time when conviction is pronounced rather than the entire calendar day beginning at midnight, and the presumption of innocence and principle of legality require that a conviction not be treated as effective before it is pronounced; accordingly the vote cast at 9:15 a.m. on 23.03.2018 remained valid because conviction occurred later that day at 2:30 p.m., and the Court applied the de facto doctrine to uphold the validity of the vote.

Court Disposition

Civil Appeal No.611 of 2020 dismissed; Civil Appeal No.2159 of 2020 allowed

Orders

  • Civil Appeal No.611 of 2020 dismissed
  • Civil Appeal No.2159 of 2020 allowed and the High Court findings on issue Nos. 2, 3 and 5 set aside