K PRABHAKARAN Vs. P JAYARAJAN

JUDGEMENT

(1.) . (For self and on behalf of SHIVARAJ V. PAUL, B.N. SRIKRISHNA and G.P. MATHUR, JJ.) Facts in C.A. No. 8213/2001

(2.) ELECTION to the No. 14 Kuthuparamba Assembly Constituency was held in the months of April-May, 2001. There were three candidates, including the appellant K. Prabhakaran and the respondent P. Jayarajan contesting the election. Nominations were filed on 24.4.2001. The poll was held on 10.5.2001. The result of the election was declared on 13.5.2001. The respondent was declared as elected.

(3.) THE nomination paper filed by the respondent was objected to by the appellant on the ground that the respondent having been convicted and sentenced to imprisonment for a term exceeding 2 years was disqualified from contesting the election. However, the objection was overruled by the returning officer and the nomination of the respondent was accepted. THE returning officer formed an opinion that the respondent was convicted for many offences and any of the terms of imprisonment for which he was sentenced was not 2 years, and therefore, the disqualification within the meaning of Section 8(3) of the Representation of the People Act, 1951 (hereinafter 'RPA', for short) was not attracted.