PRAKASH KHANDRE Vs. VIJAYA KUMAR KHANDRE
LAWS(SC)-2002-5-26
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
May 09,2002
PRAKASH KHANDRE,BASWARAJ D.HONNA
Appellant
VERSUS
VIJAYA KUMAR KHANDRE,PRAKASH KHANDRE
Respondents
Referred Judgements :-
GHATTURBHUJ VITHALDAS JASANI VS. MORESHWAR PARASHRAM [REFERRED]KESHAV LAKSHMAN BORKAR VS. DEORAO LAKSHMAN ANANDE [REFERRED]
KONAPPA RUDRAPPA NADGOUDA VS. VISHWANATH REDDY [REFERRED]
VISHWANATHA REDDY VS. KONAPPA RUDRAPPA NADGOUDA [REFERRED]
R M SESHADRI VS. G VASANTHA PAI [REFERRED]
THIRU JOHN V SUBRAHMANYAM VS. RETURNING OFFICER:RETURNING OFFICER [REFERRED]
S MUNISHAMAPPA B VENKATARAYAPPA VS. B VENKATARAYAPPA:T A KEMPAGOWDA [REFERRED]
ASLHING ALIAS LHINGJANONG VS. L S JOHN [REFERRED]
LATA DEVI MALI VS. HARU RAJWAR [REFERRED]
D K SHARMA VS. RAM SHARAN YADAV A ND [REFERRED]
RANJEET SINGH VS. HARMOHINDER SINGH PRADHAN [REFERRED]
Cited Judgements :-
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION VS. DSL ENTERPRISES PVT LTD [LAWS(BOM)-2009-3-110] [REFERRED TO]SOU INDUMATI LAXMAN BHAKARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-3-33] [REFERRED TO]
KAMINI DAS VS. UPENDRA BISWAL [LAWS(ORI)-2005-11-14] [REFERRED TO]
S. KUMARAVEL VS. S.V. SUKUMARAN AND OTHERS [LAWS(MAD)-2018-1-462] [REFERRED TO]
REKHA CHOUDHARY VS. SUMAN AHIRWAR [LAWS(MPH)-2013-7-5] [REFERRED TO]
UMA SHANKER SINGH VS. PRINCIPAL SECRETARY TO HIS EXCELLENCY GOVERNOR OF U P LUCKNOW [LAWS(ALL)-2015-5-161] [REFERRED TO]
KAMLESH KUMARI VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-31] [REFERRED TO]
SANTOSH CHANDANSINGH RAWAT VS. DIVISIONAL COMMISSIONER [LAWS(BOM)-2009-9-201] [REFERRED TO]
MANNE PRASAD VS. ELECTION OFFICER [LAWS(APH)-2005-4-27] [REFERRED TO]
RAMESH CHENNAMANENI VS. AADI SREENIVAS [LAWS(APH)-2010-7-90] [REFERRED TO]
SAROJ MEENA WIFE OF SHRI SHYAM BIHARI VS. SMT. MEERA BAI AVASTHI WIFE OF SHRI GHANSHYAM AVASTHI [LAWS(RAJ)-2017-5-220] [REFERRED TO]
MAHESH DEWASI VS. KARAN SINGH [LAWS(RAJ)-2021-10-156] [REFERRED TO]
BALDEV SINGH VS. MOHAN SINGH AND ORS. [LAWS(P&H)-2015-2-430] [REFERRED TO]
P H PAUL MANOJ PANDIAN VS. P VELDURAI [LAWS(MAD)-2008-12-101] [REFERRED TO]
PRAFULLA BISWAL VS. BANAJOSNA BARIK [LAWS(ORI)-2010-9-46] [REFERRED TO]
ELECTION COMMISSION OF INDIA AND ORS. VS. BAJRANG BAHADUR SINGH AND ORS. [LAWS(SC)-2015-4-32] [REFERRED TO]
RAJESHEKAR BASAVARAJ PATIL VS. SUBASH KALLUR [LAWS(SC)-2002-10-20] [REFERRED TO]
RATHOD ANUSUYA BAI VS. STATE OF TELANGANA [LAWS(TLNG)-2020-12-65] [REFERRED TO]
LOKANATH PATTANAIK VS. SANJAY KUMAR RATSINGH [LAWS(ORI)-2019-10-13] [REFERRED TO]
RAGHUNATH DWIVEDI VS. UNION OF INDIA [LAWS(ALL)-2006-11-265] [REFERRED]
AJAMEERA HARI NAIK VS. SUMAN RATHOD [LAWS(APH)-2010-11-27] [REFERRED]
NINGTHOUJAM MANGI VS. SANASAM BIRA SINGH [LAWS(MANIP)-2020-9-4] [REFERRED TO]
PRAVASINI JENA VS. MAYARANI BISWAS [LAWS(ORI)-2005-9-6] [REFERRED TO]
PRAVASINI JENA VS. MAYARANI BISWAS [LAWS(ORI)-2005-9-6] [REFERRED TO]
BRUNDABAN MOHANTY VS. DUSHASANA JENA [LAWS(ORI)-2006-1-10] [REFERRED TO]
PUSPALATA PARIDA VS. BLOCK DEVELOPMENT OFFICER-CUM-ELECTION OFFICER [LAWS(ORI)-2009-11-55] [REFERRED TO]
P ANGALANE VS. B KOBIGA [LAWS(MAD)-2018-1-167] [REFERRED TO]
MAHADEO GURUBASAPPADEVANA VS. SHIVRAJ ADEAPPA AWADKE [LAWS(BOM)-2002-9-86] [REFERRED TO]
LAXMAN SINGH S/O SHRI MANSI RAM VS. BHURA RAM S/O SHRI NARAYAN RAM, VILLAGE [LAWS(RAJ)-2017-11-87] [REFERRED TO]
S N LOKESHWARAPPA @ S N LOKESH VS. FAROOQULLA [LAWS(KAR)-2013-10-74] [REFERRED TO]
S RAMESH VS. N S J JAYABAL @ AYYANAR [LAWS(MAD)-2018-1-171] [REFERRED TO]
SHIRISH Q. KAMAT VS. UNION OF INDIA [LAWS(BOM)-2022-2-190] [REFERRED TO]
REKHA VS. SPECIAL JUDGE E C ACT [LAWS(ALL)-2010-3-113] [REFERRED TO]
KUNTI VS. RETURNING OFFICER [LAWS(CHH)-2013-1-15] [REFERRED TO]
SHIV KUMAR SINGH VS. RISHIRAJ SINGH [LAWS(MPH)-2008-8-1] [REFERRED TO]
A. KRISHNAN VS. T.P.R. SELVAME AND OTHERS [LAWS(MAD)-2018-1-461] [REFERRED TO]
V AROUMUGAM A K D VS. N RANGASAMY [LAWS(MAD)-2018-1-160] [REFERRED TO]
M THANGAMUTHU VS. M CHANDRA [LAWS(MAD)-2008-12-229] [REFERRED TO]
ABHIMANYU PRADHAN VS. TRILOCHAN ROUT [LAWS(ORI)-2006-6-2] [REFERRED TO]
NAND KISHORE VS. STATE ELECTION COMMISSION [LAWS(ALL)-2002-11-103] [REFERRED TO]
PREMANANDA HAZARIKA VS. ASSAM STATE ELECTION COMMISSION [LAWS(GAU)-2008-7-39] [REFERRED TO]
PREMPAL SINGH VS. SATYA PAL SINGH BAGHEL [LAWS(ALL)-2020-3-35] [REFERRED TO]
PREMPAL SINGH VS. SATYA PAL SINGH BAGHEL [LAWS(ALL)-2020-3-35] [REFERRED TO]
SANDIP ARJUN VAZARKAR VS. RAJESH MADHUKAR KHAUTANKAR [LAWS(BOM)-2012-3-192] [REFERRED TO]
TELANGANA RASTRA SAMITHI VS. UNION OF INDIA [LAWS(APH)-2010-6-73] [REFERRED TO]
R JAYALAKSHMAMMA VS. ELECTION TRIBUNAL CUM SENIOR CIVIL JUDGE [LAWS(APH)-2004-8-88] [REFERRED TO]
HOULIM SHOKHOPAO MATE VS. LORHO S. PFOZE [LAWS(MANIP)-2022-9-7] [REFERRED TO]
SAVITA BAJRANG KADAM VS. MANISHA RAMDAS [LAWS(BOM)-2009-3-115] [REFERRED TO]
MANGLA RAM VS. SITAL DASS [LAWS(RAJ)-2004-8-42] [REFERRED TO]
SUDHIR NAGESH GADDE VS. RETURNING OFFICER [LAWS(KAR)-2018-3-399] [REFERRED TO]
BALMUKUND SINGH GAUTAM VS. NEENA VIKRAM VERMA AND ORS [LAWS(MPH)-2012-10-272] [REFERRED]
DUTER PADU VS. GADAM ETE [LAWS(GAU)-2012-6-52] [REFERRED TO]
SEVAKBHAU NIRDHANGI WAGHAYEPATIL VS. THE RETURNING OFFICER [LAWS(BOM)-2018-10-171] [REFERRED TO]
GOPAL SEN (NAI) VS. GOPI METHANI AND OTHERS [LAWS(RAJ)-2014-4-359] [REFERRED TO]
MEGHA RAM VS. DISTRICT ELECTION OFFICER (PANCHAYAT) [LAWS(RAJ)-2018-7-50] [REFERRED TO]
V SAHADEVAN VS. C AYYAKALAI [LAWS(MAD)-2008-9-458] [REFERRED TO]
BASANT KUMAR SAHOO VS. NRUSINGHA SAMAL [LAWS(ORI)-2006-6-39] [REFERRED TO]
N SUDHAKAR RAO VS. DUGYALA SRINIVASA RAO [LAWS(APH)-2007-8-29] [REFERRED TO]
ISUP KHAN S/O PEER KHAN VS. NARSINGH DEWANGAN S/O PANCHRAM DEWANGAN [LAWS(CHH)-2018-12-97] [REFERRED TO]
SEVAKBHAU NIRDHANGI WAGHAYE VS. RETURNING OFFICER, SUB DIVISIONAL OFFICER [LAWS(BOM)-2018-10-253] [REFERRED TO]
TALUKA SANGOLA VS. SHAIKH AMINABAI ABBUBKAR [LAWS(BOM)-2004-3-215] [REFERRED]
R. ANANDAN VS. S. ANANDAN [LAWS(MAD)-2014-4-190] [REFERRED TO]
UMMED KANWAR VS. PRABHU SINGH [LAWS(RAJ)-2012-5-20] [REFERRED TO]
MUNIRAJU GOWDA P.M. VS. MUNIRATHNA [LAWS(SC)-2020-10-19] [REFERRED TO]
DIMPAL VS. RAJESH BALUNI AND ORS. [LAWS(UTN)-2015-10-20] [REFERRED TO]
JUDGEMENT
SHAH, J. -
(1.)IN the background of facts briefly stated below, questions for determination in these appeals are -
1. IN an Election Petition under the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'), when contest for election to the post of MLA is by more than two candidates for one seat and a candidate, who was disqualified to contest the election, is elected - whether the Court can declare a candidate who has secured next higher votes as elected? And
(2.)WHETHER contract between the elected candidate and the Government was subsisting on the date of scrutiny of nomination papers?
2. Appellant Prakash Khandre contested election from No. 2-Bhalki Constituency of Karnataka State Legislative Assembly and was declared elected. Respondent No. 1 Dr. Vijay Kumar Khandre contested the said election but was defeated. The details of the votes secured by each candidate are as follows :-
Sl.No.Name of the CandidateNo. of Votes PolledDifference
01.Shri Prakash Khandre47,132
02.Dr. Vijay Kumar Khandre36,80510327
03.Sri Bheemanna Kolle660
04.Shri Shivaraj Patil1,054
05.Sri Siddaramaiah S. Swamy177
Respondent No. 1 challenged the said election by filing Election Petition No. 25/99 and contended that declaration of election dated 5-9-1999 resulting in favour of the appellant was illegal and void. He prayed that he may be declared as duly elected to Karnataka State Legislative Assembly on the ground that under S. 9-A of the Act, appellant was disqualified to contest the election as there were subsisting contracts entered into by him in the course of his business with the State Government.
Further, a voter Mr. Baswaraj D. Honna appellant in C.A. No. 1455 of 2002 also filed Election Petition No. 30/90 for a declaration that election of Mr. Prakash Khandre was void under S. 100(1)(a) and Section 100(1)(d)(i) of the Act.
(3.)APPELLANT also filed Recrimination Petition under S. 97 of the Act praying that in the event of his election to the constituency being declared void, respondent No. 1 Dr. Vijay Kumar Khandre should not be declared as elected as he is guilty of corrupt practices as specified in S. 123 of the Act.
The High Court of Karnataka at Bangalore (Mr. Justice A. V. Srinivasa Reddy) by its judgment and order dated 21-12-2001 allowed the election petition filed by respondent No. 1 and the election of appellant was declared void under S. 100(1)(a) on the ground that work of effective improvement and asphalting of Halburga Bawgi-Kamtana road was continued to be carried out by Prakash Khandre even after purported closure of contract. With regard to the rest of the contract works, the High court held that contracts were terminated. The Court also declared that the votes polled by the elected candidate would become wasted and, therefore, Dr. Vijay Kumar Khandre who has secured the next highest number of valid votes has to be declared elected under S. 101 of the Act and was declared accordingly. That order is challenged by Prakash Khandre by filing Civil Appeals Nos. 2-3 of 2002. Civil Appeal No. 1455 of 2002 is filed by Basavaraj D. Honna.
1. IN an Election Petition under the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'), when contest for election to the post of MLA is by more than two candidates for one seat and a candidate, who was disqualified to contest the election, is elected - whether the Court can declare a candidate who has secured next higher votes as elected? And
(2.)WHETHER contract between the elected candidate and the Government was subsisting on the date of scrutiny of nomination papers?
2. Appellant Prakash Khandre contested election from No. 2-Bhalki Constituency of Karnataka State Legislative Assembly and was declared elected. Respondent No. 1 Dr. Vijay Kumar Khandre contested the said election but was defeated. The details of the votes secured by each candidate are as follows :-
Sl.No.Name of the CandidateNo. of Votes PolledDifference
01.Shri Prakash Khandre47,132
02.Dr. Vijay Kumar Khandre36,80510327
03.Sri Bheemanna Kolle660
04.Shri Shivaraj Patil1,054
05.Sri Siddaramaiah S. Swamy177
Respondent No. 1 challenged the said election by filing Election Petition No. 25/99 and contended that declaration of election dated 5-9-1999 resulting in favour of the appellant was illegal and void. He prayed that he may be declared as duly elected to Karnataka State Legislative Assembly on the ground that under S. 9-A of the Act, appellant was disqualified to contest the election as there were subsisting contracts entered into by him in the course of his business with the State Government.
Further, a voter Mr. Baswaraj D. Honna appellant in C.A. No. 1455 of 2002 also filed Election Petition No. 30/90 for a declaration that election of Mr. Prakash Khandre was void under S. 100(1)(a) and Section 100(1)(d)(i) of the Act.
(3.)APPELLANT also filed Recrimination Petition under S. 97 of the Act praying that in the event of his election to the constituency being declared void, respondent No. 1 Dr. Vijay Kumar Khandre should not be declared as elected as he is guilty of corrupt practices as specified in S. 123 of the Act.
The High Court of Karnataka at Bangalore (Mr. Justice A. V. Srinivasa Reddy) by its judgment and order dated 21-12-2001 allowed the election petition filed by respondent No. 1 and the election of appellant was declared void under S. 100(1)(a) on the ground that work of effective improvement and asphalting of Halburga Bawgi-Kamtana road was continued to be carried out by Prakash Khandre even after purported closure of contract. With regard to the rest of the contract works, the High court held that contracts were terminated. The Court also declared that the votes polled by the elected candidate would become wasted and, therefore, Dr. Vijay Kumar Khandre who has secured the next highest number of valid votes has to be declared elected under S. 101 of the Act and was declared accordingly. That order is challenged by Prakash Khandre by filing Civil Appeals Nos. 2-3 of 2002. Civil Appeal No. 1455 of 2002 is filed by Basavaraj D. Honna.
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