R.C.LAHOTI, CJI - (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. In connection with an incident dated 9.12.1991, the respondent was facing trial charged with several offences. On 9.4.1997, the Judicial Magistrate First Class, Kuthuparamba held the respondent guilty of the offences and sentenced him to undergo imprisonment as under:- JUDGEMENT_173_JT1_2005Html1.htm The sentences were directed to run consecutively (and not concurrently). Thus the respondent was sentenced to undergo imprisonment for a total period of 2 years and 5 months. On 24.4.1997, the respondent filed Criminal Appeal No. 118/1997 before the Sessions Court, Thalassery. In exercise of the power conferred by Section 389 of the Code of Criminal Procedure, 1973 (hereinafter 'the Code' for short) the Sessions Court directed the execution of the sentence of imprisonment to be suspended and the respondent to be released on bail during the hearing of the appeal.
(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. On 15.6.2001, the appellant filed an election petition under Chapter II of RPA mainly on the ground that the respondent was disqualified, and therefore, neither his nomination was valid nor could he have been declared elected.;