A CHINNAPPA Vs. V VENKATARAMUNI

LAWS(SC)-1987-8-43

SUPREME COURT OF INDIA

Decided on August 14,1987

A.CHINNAPPA Appellant

VERSUS

V.VENKATARAMUNI Respondents

JUDGEMENT

- (1.) O R D E R
(2.) WE admit the appeal. The hearing of the appeal is expedited. Meanwhile, the operation of the judgment of the High court shall remain stayed subject to the following terms and conditions: The appellant shall be entitled to attend the State Legislative Assembly and sign the register, to participate, in the debates and to draw his remuneration; but he shall not exercise his right of voting. We have departed from the practice of passing orders of stay on the usual terms in view of the observations made in the recent judgment of a Constitution bench of this court in KRIPAL SINGH V. UTTAM SINGH, A.I.R. 1986 SC 300, that in a case where an election is set aside for no fault of the returned candidate, such as a corrupt practice committed by him or his agent or a disqualification suffered by him, but on the ground that some one else's nomination had been improperly rejected, the more appropriate order would perhaps be to grant as absolute stay so that that Constituency may not go an represented for no fault of the elected Member. In this case, however, the election of the appellant has been set aside on the ground of improper acceptance of his nomination. That being so, we have instead of passing as absolute order of stay imposed the conditions set out above.;

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