Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (civil) 8213 of 2001
PETITIONER:
K. Prabhakaran
RESPONDENT:
P. Jayarajan
DATE OF JUDGMENT: 11/01/2005
BENCH:
CJI R.C. LAHOTI, SHIVARAJ V. PATIL, K.G. BALAKRISHNAN, B.N. SRIKRISHNA & G.P. MATHUR
JUDGMENT:
J U D G M E N T
W I T H
CIVIL APPEAL NO. 6691 OF 2002
Ramesh Singh Dalal \005Appellant
Versus
Nafe Singh & Ors. \005Respondents
O R D E R
In view of the majority opinion, Civil Appeal No.8213 of
2001, K. Prabhakaran Vs. P. Jayarajan, is allowed. The
judgment of the High Court dated 5.10.2001 is set aside. The
election petition filed by the appellant is allowed. The election of
the respondent P. Jayarajan from No.14 Kuthuparamba
Assembly Constituency to the Kerala State Legislative Assembly,
which was declared on 13.5.2001, is set aside. The respondent
No.1 shall bear the costs of the appellant throughout.
Civil Appeal No.6691 of 2002 is also allowed. The
judgment of the High Court dated 5.7.2002 is set aside. The
election petition filed by the appellant shall stand allowed. The
election of the respondent Nafe Singh from 37-Bahadurgarh
Assembly Constituency is declared void as he was disqualified
from being a candidate under Section 8(3) of the Representation
of the People Act, 1951. The respondent No.1 shall bear the
costs of the appellant throughout.