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january 1981

Supreme Court of India · 1981-01-15

VIDYA CHARAN SHUKLA vs PURSHOTTAM LAL KAUSHIK

Citation / case number
SC 1980/63465
Court
Supreme Court of India
Petitioner
VIDYA CHARAN SHUKLA
Respondent
PURSHOTTAM LAL KAUSHIK
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that under Section 100(1)(a) of the Representation of the People Act, 1951, the election of a candidate whose conviction is overturned before the election petition is decided is not void due to disqualification under Section 8(2) of the Act. The Court emphasized that the principle of stare decisis applies, and the acquittal of the appellant prior to the High Court's judgment rendered the election valid. Consequently, the Court allowed the appeal and set aside the High Court's decision declaring the election void.

VIDYA CHARAN SHUKLA vs PURSHOTTAM LAL KAUSHIK · Niyam