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.