Supreme Court · 2002 INSC 415 · Decided 1 October 2002
K. Prabhakaran v. P. Jayarajan
- Court
- Supreme Court of India
- Citation
- 2002 INSC 415 · [2002] SUPP. 3 S.C.R. 1
- Case number
- CIVIL APPEAL No. 8213/2001
- Decided
- 1 October 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR, H.K. SEMA (3-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Civil
- Acts & sections cited
- IPC; Constitution Article 191; Representation of the People Act Section 8
Headnote
B Representation of the People Act, 1951 Ss.8 and JOO(J}(a)-Disqualification of a returned candidate on ground of conviction and sentence-Relevant date-Whether date of election of the C returned candidate-Held, the view taken in Manni Lal's case* and affirmed in Vidya Charan Shukla's case** that the disqualification requires reconsideration-The proposition that candidate though disqualified on the date of his being chosen, would become qualified D by reference to subsequent event which may happen during pendency of an election petition is open to question-Matter referred to
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