SARAT CHANDRA RABHA AND OTHERS vs KHAGENDRANATH NATH AND OTHERS.

The Supreme Court upheld the rejection of the appellant's nomination paper for the Assam Legislative Assembly under Section 7(b) of the Representation of the People Act, 1951, due to his prior conviction and sentence under the Explosive Substances Act. The Court clarified that a remission of sentence under Section 401 of the Code of Criminal Procedure does not erase the conviction or sentence, distinguishing it from a pardon. The Court also ruled that determining whether a candidate was a consenting party to corrupt practices is a question of fact, not a mixed question of fact and law.